Hardin Circuit Court Document Filing Requirements

CRITICAL

Applies to

Hearing order

A hearing order listing proposed exhibits and witnesses must be submitted.

D. A hearing order listing proposed exhibits and witnesses shall be submitted.

CRITICAL

Applies to

Separation agreement and final decree

Each Separation Agreement and Final Decree addressing parenting time must incorporate the approved parenting-time schedule and include the specified language.

Each Separation Agreement and Final Decree that includes provisions for parenting time shall include a statement incorporating the parenting time-sharing schedule ordered by the Court or agreed to by the parties and approved by the Court, and shall also include the following language: The agreed parenting time-sharing schedule is based on the current residences of the parties. Prior to relocation of either party to another county or state, or a move which would require modification of the present agreement, the party intending to relocate shall tender an Agreed Order modifying parenting time or said party shall petition the Court for mediation or a hearing to modify parenting time. A possessory parent shall not relocate the child/children prior to Court approved modification.

CRITICAL

Applies to

Motion for default or summary judgment

Must include

certificate of service

The motion filing must include a certificate that the tendered judgment and order of sale was served on the Master Commissioner when the motion is filed.

A certificate that a copy of the tendered judgment and order of sale was served on the Master Commissioner at the time the motion is filed.

CRITICAL

Applies to

Separation agreement

If a Separation Agreement's child support obligation does not follow the KRS Chapter 403 guidelines, the agreement must state the reason for the deviation.

If the child support obligation established in the Separation Agreement does not correspond to the child support guidelines contained in KRS Chapter 403, the agreement must state the reason for deviation from the guidelines.

CRITICAL

Applies to

Adoption or termination petition

Must include

case number

Every adoption or termination petition must include the case number of any related dependency case and the name of any previously appointed Guardian ad Litem or attorney.

Pursuant to FCRPP 30(2)(b), every petition in an adoption or termination action shall include the case number of any related dependency case and the name of any Guardian ad Litem and/or attorney previously appointed.

CRITICAL

Applies to

Pretrial diversion order

A diversion order must address applicable restitution, supervision and its fee if supervised, duration, required conduct, and the final review and dismissal-order process.

The Order of Diversion shall include: (i) Restitution, if applicable; (ii) Whether the diversion shall be supervised or unsupervised. If supervised, a monthly supervision fee of $25.00 shall be imposed on the defendant; (iii) Duration of the diversion; (iv) Require the defendant to obey all rules and regulations imposed by Probation and Parole; (v) As required by KRS 533.030(1), direct the defendant not to commit any offense during the period of the pretrial diversion, and to comply with any other provision of KRS 533.030 or any other condition that the Court deems appropriate; (vi) A final review date shall be set on a Motion Hour within sixty (60) days prior to the expiration of the diversion. At that review, the Commonwealth shall tender a diversion dismissal order. The submission of that order by the Clerk shall be scheduled to occur within ten (10) days after the expiration of the diversion. The order will be entered if the diversion has been successfully completed.

CRITICAL

Applies to

Pay order

Appointed attorneys must file their respective pay orders no later than 14 days after the final hearing in an adoption case concludes.

No later than fourteen days (14) after the conclusion of the final hearing in an adoption case, appointed attorneys shall file respective pay orders.

CRITICALCriminal cases

Applies to

Notice of termination and affidavit of violations

The circuit clerk must file the Notice of Termination and Affidavit of Violations in the official record.

The Notice of Termination and Affidavit of Violations shall be filed in the official record by the circuit clerk, who shall serve notice of the notice of termination on the parties, their attorneys, and probation and parole.

CRITICAL

Applies to

Motion

Must include

proposed order

A motion will not be heard unless it is accompanied by a tendered order.

(4) No motion will be heard by the court unless same is accompanied by a tendered order

CRITICAL

Applies to

Dependency neglect and abuse petition

A dependency, neglect, or abuse petition must cite the specific statute and include the factual allegations relied on to establish the Court’s jurisdiction.

Citations to the specific statute and factual allegations relied upon in asserting the Court’s jurisdiction;

CRITICAL

Applies to

Petition

Petitions seeking protection under KRS Chapter 403 or Chapter 456 must be accepted and filed with the court.

and shall be accepted and filed with the court.

CRITICAL

Applies to

Contempt motion

A party seeking a contempt ruling must file a motion requesting a hearing and specifying the requested hearing date with the Clerk.

A party moving for a contempt ruling against another party shall file the following with the Clerk: - A. A motion for a contempt ruling and for a hearing specifying the requested hearing date;

CRITICAL

Applies to

Motion for trial assignment

Must include

proposed order

Each motion to assign a civil action for trial must include a tendered order containing the prescribed trial, expert-witness, discovery, disclosure, jury-instruction, and mediation directives.

Each motion for assignment of a civil action for trial must be accompanied by a tendered order, which must include the following directive: This matter is set for trial by jury on ____ day of ____, at 9:00 a.m. with all parties and counsel appearing at 8:30 a.m. This matter shall be set for pretrial conference ____ day of ____, at ____. The Plaintiff shall identify all expert witnesses (not just those retained), if any, and the subject matter of their opinions, and provide same to opposing counsel on or before ____. The Respondent shall identify all expert witnesses (not just those retained), if any, and the subject matter of their opinions, and provide same to opposing counsel on or before ____. All discovery by all parties shall be completed no later than 30 days prior to trial. On or before 30 days prior to said trial date, each party shall file with the Clerk of this Court a list of names and addresses of all witnesses (excepting parties) to be used by them at the trial, together with an itemized list of all damages, identifying both type and amount, proposed to be proven at trial and a list of all exhibits proposed to be introduced as evidence, which shall be shown by certificate of attorney. A copy of all exhibits listed with the Clerk shall be provided to all opposing counsel or parties answering and not represented by counsel, unless said exhibits are too cumbersome and voluminous as to make same impracticable, in which case such exhibits shall be made available for viewing by all opposing counsel or parties answering and not represented by counsel. No other witnesses may be introduced or damages proven or exhibits received in evidence other than those disclosed as above set out, expect by agreement of all parties or in the sound discretion of the Court for good cause shown. On or before 7 days prior to said trial date, each party shall file with the Court and serve on counsel for all adverse parties proposed jury instructions. Counsel shall also provide the Court with an email copy of their proposed jury instructions by contacting the Court at 270.766.5039. All parties shall participate in mediation of this case consistent with Rule 8 of the Local Rules of Practice for the 9th Judicial Circuit, Hardin Circuit Court, to be completed no later than 30 days before the date of trial.

CRITICAL

Applies to

Mediation agreement

Any agreement reached during mediation must be put in writing and signed by the parties; the parties draft it, though the mediator may assist with their consent.

If an agreement is reached during the mediation, it shall be reduced to writing and signed by the parties. The parties shall be responsible for drafting the agreement, although the mediator may assist in the drafting with consent of the parties.

CRITICAL

Applies to

Motion to submit uncontested action

Must include

proposed order

A motion to submit an uncontested action must include a proposed Findings of Fact, Conclusions of Law, Judgment and Decree.

Any motion to submit an uncontested action must be accompanied by a proposed "Findings of Fact, Conclusions of Law, Judgment and Decree" that the moving party desires the Court to adopt.

CRITICALCriminal cases

Applies to

Agreement of participation

All potential Mental Health Court participants must sign an Agreement of Participation before eligibility is determined.

"Agreement of Participation" means the written agreement required to be signed by all potential Mental Health Court participants prior to the determination of eligibility for Mental Health Court.

CRITICAL

Applies to

Notice to take deposition

Notices to take depositions must be filed with the Court.

Notices to take deposition shall be filed with the Court.

CRITICAL

Applies to

Trial disclosure lists

Each party must file witness names and addresses, an itemized damages list, and a list of proposed exhibits, shown by certificate of attorney, by 30 days before trial.

On or before 30 days prior to said trial date, each party shall file with the Clerk of this Court a list of names and addresses of all witnesses (excepting parties) to be used by them at the trial, together with an itemized list of all damages, identifying both type and amount, proposed to be proven at trial and a list of all exhibits proposed to be introduced as evidence, which shall be shown by certificate of attorney.

CRITICAL

Applies to

Mediator report

The mediator must report to the court whether mediation did not occur, was not completed, or was completed with or without an agreement; with the parties' consent, the mediator may also identify matters that could facilitate settlement.

The mediator shall report to the court that the mediation has not occurred, has not been completed, or that the mediation has been completed with or without an agreement on any or all issues. With the consent of the parties, the mediator may also identify those matters which, if resolved or completed, would facilitate the possibility of a settlement.

CRITICAL

Applies to

Motion

A party seeking a contempt ruling must file a motion for a rule and hearing date, which the judge or staff will set.

A. The party moving for a ruling against another party in a Family Court case shall file the following with the clerk: - 1. A motion for a rule and for a hearing date which shall be set by the Family Court Judge or his/her staff.

CRITICAL

Applies to

Commonwealth recommendation

If it recommends diversion, the Commonwealth must submit written recommendations on diversion conditions and the appropriate sentence if the agreement is voided.

When diversion is recommended, the Commonwealth must make written recommendations to the court of conditions for the pretrial diversion as well as the appropriate sentence to be imposed if the diversion agreement is voided.

CRITICAL

Applies to

Agreed order of dismissal

Upon settlement of a civil action, the parties must prepare and tender an agreed dismissal order signed by all parties or their counsel.

(2) An agreed order of dismissal, signed by all parties or their counsel, shall be prepared and tendered to the presiding judge for signature upon the settlement of any civil action.

CRITICAL

Applies to

Affidavit

The listed papers include an affidavit setting forth facts supporting the motion.

- B. An affidavit setting forth facts supporting the motion;

CRITICALCriminal cases

Applies to

Case transfer order

After admission is determined and the defendant accepts, the referring judge must complete an order transferring the case to Mental Health Court.

Upon a determination of admission to Mental Health Court, and upon the defendant's acceptance of the offer to enter Mental Health Court, the referring judge shall complete an order transferring the case to Mental Health Court.

CRITICAL

Applies to

Motion notice

Each notice must state the motion’s subject matter and the court action requested by the movant.

(3) Each notice shall state in general terms the subject matter of the motion and the action of the court requested by the movant.

CRITICAL

Applies to

Agreed order

An agreed order must include proposed findings of fact and conclusions of law when it concerns a final, appealable matter or the law otherwise requires them, except when it deals solely with a procedural matter.

Any “Agreed Order,” except one dealing solely with a procedural matter such as the method of presenting proof, shall be accompanied by a proposed Findings of Fact, and Conclusions of Law, if involving a final and appealable matter or otherwise required by law.

CRITICAL

Applies to

Order or judgment

Every order and judgment must contain a distribution list that includes any acts the order or judgment requires the Clerk to perform.

All orders and judgments shall contain a distribution list, same to include any acts required of the Clerk by said order or judgment, as set out in the following example:

CRITICAL

Applies to

Pretrial diversion application

Counsel and the defendant must state on the record that granting diversion waives any right to a speedy trial or disposition of the charges.

In applying for pretrial diversion, counsel and defendant must state on the record, that in the event diversion is granted, any right to a speedy trial or disposition of the charge(s) is waived.

CRITICAL

Applies to

Notice of service

A one-page notice of service under CR 33, CR 34, and CR 36 must be filed in the record to prevent placement on the CR 77.02 show cause docket.

A one-page notice of service under CR 33, CR 34 and CR 36, SHALL be filed in the record to prevent the case being placed on the CR 77.02 show cause docket.

CRITICAL

Applies to

Motion

A substantive motion, other than a scheduling or procedural motion, must be accompanied by an affidavit.

Any substantive motion (excluding scheduling or procedural) shall be accompanied by an affidavit.

CRITICAL

Applies to

Affidavit

A party moving for a contempt ruling must file an affidavit setting forth facts supporting the motion.

A. The party moving for a ruling against another party in a Family Court case shall file the following with the clerk: 2. An affidavit setting forth facts supporting the motion.

CRITICAL

Applies to

Deed

If the plaintiff purchases the property, the plaintiff must prepare and tender the deed to the Master Commissioner; the Master Commissioner prepares deeds for third-party purchasers.

(3) Delivery of Deed. If the plaintiff is the purchaser of the property, the plaintiff shall prepare and tender the deed to the Master Commissioner. The Master Commissioner shall prepare all deeds for third-party purchasers.

CRITICALCriminal cases

Applies to

Notice of eligibility

After completing the assessment, staff must complete the Notice of Eligibility using the court-prescribed form.

After completing the assessment, Mental Health Court staff shall complete a Notice of Eligibility form on a form prescribed by the Mental Health Court.

CRITICAL

Applies to

Dependency neglect and abuse petition

A dependency, neglect, or abuse petition must provide full information about the child’s parents and their addresses, if known, after the Petitioner has made diligent efforts to locate them.

Full information concerning the child’s parents and their addresses, if known, after diligent efforts to locate them have been made by the Petitioner.

CRITICAL

Applies to

Referral order

A referral order must state its purpose and the Master Commissioner’s duties.

The order shall specifically indicate the purpose of the referral and the duties to be performed by the Master Commissioner.

CRITICAL

Applies to

Separation agreement or agreed judgment

A Separation Agreement or Agreed Judgment providing for child support must include the Commonwealth of Kentucky Worksheet for Monthly Child Support Obligation as an attachment.

Any Separation Agreement or Agreed Judgment providing for a child support obligation shall include as an attachment thereto a Commonwealth of Kentucky Worksheet for Monthly Child Support Obligation.

CRITICALCriminal cases

Applies to

Affidavit of violations

If the judge agrees to termination, Mental Health Court staff must file a written Affidavit of Violations on the prescribed form requesting termination.

If the Mental Health Court judge agrees with the recommendation of termination, Mental Health Court staff shall file a written Affidavit of Violations on a form prescribed by the Mental Health Court requesting the judge to terminate the participant from Mental Health Court.

CRITICAL

Applies to

Order of confirmation

The Master Commissioner must tender all orders of confirmation.

All orders of confirmation shall be tendered by the Master Commissioner.

CRITICAL

Applies to

Commonwealth recommendation

The Commonwealth must provide the court with a written recommendation in response to each pretrial diversion application.

The Commonwealth shall make a written recommendation to the court in response to each application.

CRITICAL

Applies to

New petition

Every new Hardin Family Court petition must include a completed Case Disclosure signed by the petitioning party and, if represented, the petitioner’s counsel.

Each and every new petition* filed within Hardin Family Court shall be accompanied with a completed Hardin Family Court Case Disclosure (see Appendix No.2) signed by the petitioning party and petitioner's counsel, if represented. *New petitions include all dissolution of marriage, custody, child support, adoption, termination of parental rights, emergency protective and domestic violence, DNA, status and paternity actions.

CRITICAL

Applies to

FVDS

The parties must file the FVDS.

F. The FVDS shall be filed by the parties.

CRITICAL

Applies to

Motion for release of privileged records

A subpoena and release order for psychiatric or other privileged records require a requesting-party motion accompanied by an affidavit stating legitimate grounds and a statutory or common-law basis, and the Court must hold a hearing before ordering release.

B. Subpoenas and accompanying orders for release of psychiatric and other privileged records shall only be issued by the Family Court upon motion by the requesting party, accompanied by an appropriate affidavit which shall set forth legitimate grounds for the request. Said affidavit shall specifically state a statutory and/or common-law basis for the issuance of the subpoena and order. The Court shall require a hearing prior to ordering the release of any privileged information.

CRITICAL

Applies to

Custody visitation or ancillary matter action

Custody, visitation, and other ancillary matters cannot be heard in the paternity docket; parties must bring them in a separate civil action or by motion in an appropriate existing action.

No custody, visitation, or other ancillary matters shall be heard in the paternity docket. Parties wishing to litigate these issues shall file an appropriate separate civil action or file a motion in an existing appropriate action.

CRITICAL

Applies to

Verified financial disclosure statement

The updated financial disclosure statement must be filed, and the filer must provide the mediator copies of it and any requested case statement or other materials on the day it is filed.

Counsel for each party or a party, if pro se, shall file an updated Verified Financial Disclosure Statement no less than 5 days prior to the mediation conference and, on the day of filing, shall provide, to the mediator, a copy of the Verified Financial Disclosure Statement and a copy of any statement of the case or other materials requested by the mediator.

CRITICAL

Applies to

Deed

A deed must include each listed party, purchaser, consideration, property, title, confirmation-date, and Master Commissioner item, as well as other applicable legal requirements.

The deed must contain at least the following: - A. The name of all parties whose interests are being conveyed; - B. The name and address of the purchaser; - C. The stated consideration; - D. The legal description of the property; - E. The owner's source of title; - F. A blank for the insertion of the date that the sale was confirmed by the court; - G. A statement that the Master Commissioner does not bind himself personally by anything in the deed; and - H. All other legal requirements of a deed including applicable jurat and scrivener provisions.

CRITICAL

Applies to

Motion

A request for an additional fee must be made by motion to the court.

A request for an additional fee must be addressed by motion to the court.

CRITICAL

Applies to

Motion to submit

In a case tried by deposition or interrogatory, the motion to submit must include a statement of desired findings of fact, conclusions of law, and judgment.

In any case tried by deposition or interrogatory, a motion to submit shall be accompanied by a statement of desired Findings of Fact, Conclusions of Law and Judgment.

CRITICAL

Applies to

Mediation submission

At least five days before the mediation conference, counsel or a self-represented party must provide the mediator an issues statement, the updated Verified Disclosure Statement, and all information and documents the mediator requested.

- 3. Counsel for each party or a party, if pro se, shall in no less than 5 days prior to the mediation conference shall provide the mediator with a copy of the following documents: - a. A short statement including definition of the issues to be addressed by the mediator and a brief narrative statement of any special problems affecting the case (i.e. closely held corporations, medical problems of any family members, etc.); - b. The updated Verified Disclosure Statement filed with the court as required by the above rule; and - c. All information and copies of all documents requested by the mediator prior to the mediation conference.

CRITICAL

Applies to

Motion

Must include

proposed order

A motion must be accompanied by a tendered order, and by tendered findings of fact and conclusions of law when the requested final, appealable order requires them by law.

No motion will be heard by the Court unless same is accompanied by a tendered order which the movant desires the Court to enter and by tendered Findings of Fact and Conclusions of Law if the requested order will be a final and appealable order and such Findings and Conclusions are required by law.

CRITICALCriminal cases

Applies to

Ineligibility notice

Mental Health Court staff must notify the referring judge of ineligibility in writing using the court-prescribed form.

If a defendant is determined to be ineligible for Mental Health Court, Mental Health Court staff shall inform the referring judge in writing using the form prescribed by the Mental Health Court.