Hardin Circuit Court Document Filing Requirements

CRITICAL

Applies to

Motion for contempt

Motions for contempt on the Status “J” docket must comply with HFCRPP 2.05.

All Motions for Contempt shall comply with HFCRPP 2.05.

CRITICAL

Applies to

FINGAL-1

For fees paid by the Finance and Administration Cabinet under statute, attorneys must prepare and file a FINGAL-1 Order for GAL/CAC Attorney Fees with the Clerk.

B. For fees paid, per statute, by the Finance and Administration Cabinet, attorneys shall prepare and file a FINGAL-1 (Order for GAL/CAC Attorney Fees) with the clerk.

CRITICALCriminal cases

Applies to

Confidentiality agreement

A non-team member may attend staffing only if the judge approves the attendance and the non-team member first signs a confidentiality agreement.

If there is an extraordinary need for a non-team member of attend, upon approval by the Mental Health Court judge, the non-team member shall be allowed to attend the staffing, but only after signing a confidentiality agreement.

CRITICAL

Applies to

Show cause order

The listed order must incorporate the affidavit’s allegation and set the responding party’s show-cause appearance date.

- C. An order incorporating the allegation of the affidavit and setting the requested date for the responding party to appear and show cause why he should not be held in contempt, e.g.,

CRITICALCriminal cases

Applies to

Notice of termination

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

The Notice of Termination shall be filed in the official record by the circuit clerk.

CRITICAL

Applies to

Genetic report

Pursuant to FCRPP 13(2), within thirty (30) days of receipt of the genetic report, the Petitioner shall file the original report with the Court in support of a motion to dismiss, to set for trial, or for summary judgment.

Pursuant to FCRPP 13(2), within thirty (30) days of receipt of the genetic report, the Petitioner shall file the original report with the Court in support of a motion to dismiss, to set for trial, or for summary judgment.

CRITICAL

Applies to

Mediation agreement

Any mediation agreement must be written, drafted by the mediator, and signed by the parties before the session concludes.

If an agreement is reached during the mediation conference, it shall be reduced to writing and signed by the parties. The mediator shall draft the agreement and have the parties sign said document prior to the conclusion of the mediation session.

CRITICAL

Applies to

Petition

The reviewing judge must indicate in the petition’s “Court Action” section which of the two specified types of action resulted.

- B. The judge reviewing a petition for an order of protection shall indicate in the "Court Action" section of the petition whether the resulting action is a domestic violence action under KRS Chapter 403 or an interpersonal protective order action under KRS Chapter 456.

CRITICAL

Applies to

Motion to set or modify child support or maintenance

Motions to set or modify child support or maintenance must comply with FCRPP 9 and FCRPP 5.

All motions to set or modify child support or maintenance shall comply with the requirements of FCRPP 9 and FCRPP 5.

CRITICAL

Applies to

Agreements and stipulations

Agreements and stipulations must be entered on the record or submitted in writing.

C. Agreements and stipulations shall be entered on the record or submitted in writing.

CRITICALCriminal cases

Applies to

Assessment

After the defendant executes the Agreement of Participation, staff must complete the assessment using the court-prescribed form.

Upon execution of the Agreement of Participation by the defendant, Mental Health Court staff shall complete an assessment on a form prescribed by the Mental Health Court.

CRITICAL

Applies to

Disqualification document

When disqualification is necessary, the Family Court Judge must complete the appropriate Notice of Disqualification form or another disqualification document.

If disqualification is necessary in a case, the Family Court Judge shall complete the appropriate AOC form (Notice of Disqualification) or other disqualification document.

CRITICAL

Applies to

Show cause order

A contempt movant must file a show-cause order incorporating the affidavit’s allegations and including a notice statement with a blank hearing date for the judge or staff to set.

A. The party moving for a ruling against another party in a Family Court case shall file the following with the clerk: 3. An order for the responding party to appear and show cause why he/she should not be held in contempt. This order shall incorporate the allegation of the affidavit and shall include a notice statement with blank a blank date for the Judge or his/her staff to set a date for the hearing.

CRITICAL

Applies to

Parenting time modification

Before a covered relocation, the relocating party must tender an agreed order or petition for mediation or a hearing, and a possessory parent may not relocate the children before court-approved modification.

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.

CRITICALCriminal cases

Applies to

Affidavit of administrative discharge

Mental Health Court staff must complete an Affidavit of Administrative Discharge and provide it to the judge when administrative discharge is appropriate.

If the Mental Health Court team determines that administrative discharge is appropriate, the Mental Health Court staff shall complete an Affidavit of Administrative Discharge to provide to the Mental Health Court judge.

CRITICAL

Applies to

Written request

An attorney seeking to be added to or removed from the warning order attorney or guardian ad litem list for cases other than DNA cases must file a written request with the Circuit Court Clerk.

For cases other than dependency, neglect and abuse (DNA) cases (also referred to as “dependency cases”), warning Order Attorneys and Guardians ad Litem shall be appointed from a list of attorneys who are in good standing with the Hardin County Bar Association and have been approved by the presiding circuit judges, with each attorney on the list to receive an equal number of appointments. Any attorney wishing to be added to the list or removed from the list may have his or her name shall file a written request with the Circuit Court Clerk.

CRITICAL

Applies to

Relevant condensed deposition transcript pages

If the Court orders it and a deposition is the subject of a motion, the relevant pages of a condensed deposition transcript must be filed in the record.

If ordered by the Court, relevant pages of a condensed deposition transcript shall be filed in the record if the deposition is the subject of any motion before the Court.

CRITICALCriminal cases

Applies to

Confidentiality agreement

Mental Health Court team members must sign a confidentiality agreement.

Due to the treatment component of Mental Health Court, team members shall sign a confidentiality agreement.

CRITICALCriminal cases

Applies to

Agreement of participation

For an eligible defendant, staff must request a signed Agreement of Participation using the court-prescribed form; the defendant’s attorney may be present or absent.

If a defendant is determined to be eligible for assessment, Mental Health Court staff shall thoroughly explain Mental Health Court and the Agreement of Participation to the defendant and request that the defendant sign the Agreement of Participation on a form prescribed by the Mental Health Court, with or without the presence of the defendant’s attorney.

CRITICAL

Applies to

Motion

Each motion must include an Order specifying the requested relief and a distribution list naming the parties or their counsel.

Each motion filed in Hardin Family Court shall be accompanied by an Order specifying the requested relief of the movant. Further, this Order shall include a distribution list which names the parties to the action or the counsel representing said parties.

CRITICALCriminal cases

Applies to

Notice of termination

The judge must sign the Notice of Termination on the prescribed form, with a copy of the Affidavit of Violations attached.

A Notice of Termination shall be signed by the Mental Health Court judge on a form prescribed by the Mental Health Court, and a copy of the Affidavit of Violations shall be attached.

CRITICAL

Applies to

Subpoena

Attorneys must prepare the subpoenas for their cases.

The attorneys shall prepare the subpoenas for their cases.

CRITICAL

Applies to

Findings of fact conclusions of law order

- D. Findings of Fact, Conclusions of Law and Order to be entered if the responding party is subsequently found to be in contempt.

- D. Findings of Fact, Conclusions of Law and Order to be entered if the responding party is subsequently found to be in contempt.

CRITICAL

Applies to

Motion for default or summary judgment

Each covered motion must be accompanied by a tendered judgment and order of sale containing the specified jurisdiction, property, and sale information and provisions.

Every motion for default or summary judgment and order of sale shall be accompanied by a tendered judgment and order of sale, which shall include, but not be limited to, the following information: (1) A statement of the manner by which this court has acquired jurisdiction over the parties to the action. For each defendant in the suit, the tendered judgment shall state: "The Defendant, (Name), is before this Court by means of (Type of Service) (i.e., personal, warning order, long-arm, etc.), which service was accomplished on (Date)." (2) The legal description, the street address, source of title with the deed book and page number and the Property Valuation Administrator property ID number of the property to be sold. (3) An order of sale, which reads as follows: "The Master Commissioner of this court is hereby directed to sell the real estate described in the Judgment at public auction to the highest bidder at a time and place designated by the Master Commissioner after first having caused the property to be appraised according to law; and having advertised the sale as to the time, terms, and place by posting printed handbills at the courthouse and on or near the property to be sold for at least fifteen (15) days prior to the date of sale. Notice as to its time, terms, and place of sale together with a street address (or a brief description of its location, if the property has no street address) and the property's PVA ID number shall be at least once but not less than seven days or not more than 21 days preceding the date of sale in the daily newspaper of the largest circulation published in Hardin County, Kentucky. The real estate shall be sold on terms of 10% down and the balance on a credit of thirty (30) days, bearing judgment interest from date of sale until the purchase price is paid."

CRITICAL

Applies to

Summons

If a case is reassigned or transferred, the issuing judge must reissue a summons until the receiving judge can hear the matter.

- D. Cases may be reassigned or transferred between courts if it is determined that there are other actions pending or circumstances indicate that review by the other court is proper. KRS 403.725, KRS 456.030. If reassignment or transfer occurs, the issuing judge shall reissue a summons until the matter may be heard by the receiving judge.

CRITICAL

Applies to

Witness and exhibit list

Each party must file a witness list with names and addresses, an itemized list of proposed exhibits, and a certificate of attorney no later than ten days before trial or hearing.

No later than ten (10) days prior to the trial/hearing 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 hearing, together with an itemized list of exhibits proposed to be introduced as evidence which shall be shown by certificate of attorney.

CRITICAL

Applies to

Findings of fact and conclusions of law

Tendered Findings of Fact and Conclusions of Law are required when the requested order will be final and appealable and the law requires those findings and conclusions.

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

Notice of termination

The circuit court clerk must file the Notice of Termination in the official record.

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

CRITICAL

Applies to

Bid assignment

If the purchaser at a judicial sale wishes to assign the bid to a third party, the assignment must be tendered to the Clerk for filing.

If the purchaser at a judicial sale desires to assign the bid to a third party, then this assignment shall be tendered to the Clerk for filing.

CRITICALCriminal cases

Applies to

Notice of termination

For an absconding participant, the judge may sign the Notice of Termination on the prescribed form, and a copy of the Affidavit of Violations must be attached.

A Notice of Termination may be signed by the Mental Health Court judge on a form prescribed by the Mental Health Court, and a copy of the Affidavit of Violations shall be attached.

CRITICAL

Applies to

Delinquent tax payoff

When a third party purchases the property, the Plaintiff must provide delinquent tax payoffs to the Master Commissioner for payment from the sale proceeds.

(2) If property is purchased by a third party, delinquent tax payoffs are to be provided by the Plaintiff to the Master Commissioner and paid out of the proceeds of the sale, for which the purchaser shall not receive credit upon the purchase price.

CRITICAL

Applies to

Notice of motion

A motion notice must state the motion’s subject matter and the action requested from the Court in general terms.

Each notice shall state therein, in general terms, the subject matter of the motion and the action of the Court requested by the movant.

CRITICAL

Applies to

FINGAL-1

Attorneys seeking payment for appointed representation in a termination-of-parental-rights case must submit a FINGAL-1 within 14 days after entry of the disposition hearing order.

Attorneys seeking payment for appointed representation in a termination of parental rights case shall submit a FINGAL-1 to the court no later than fourteen days (14) after the entry of a disposition hearing order.

CRITICALCriminal cases

Applies to

Notice of termination

If the judge agrees with the accommodation, the judge must complete a Notice of Termination by administrative discharge and refer the case back to the appropriate circuit or district.

If the Mental Health Court judge agrees with the accommodation, the Mental Health Court judge shall complete a Notice of Termination by administrative discharge on a form prescribed by the Mental Health Court and refer the case back the appropriate circuit or district.

CRITICAL

Applies to

Guardian ad litem or military attorney filing

The Guardian ad Litem or Military Attorney must file either an answer for the Respondent or a report that the Respondent is unable to present a defense.

Within sixty (60) days of the appointment, the Guardian ad Litem or Military Attorney shall either file an answer on behalf of the Respondent or a report stating that after careful examination of the case that the Respondent is unable to present a defense.

CRITICAL

Applies to

Proof of tax payment

When a plaintiff purchases the property, proof of tax payment must be provided to the Master Commissioner.

(1) If property is purchased by a plaintiff, taxes are to be paid directly and not through the office of the Master Commissioner. Proof of payment shall be provided to the Master Commissioner, and the purchaser shall not receive credit for taxes paid upon the purchase price.

CRITICAL

Applies to

Proposed jury instructions

Each party must file proposed jury instructions with the Court and serve them on counsel for all adverse parties by 7 days before trial.

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.

WARNINGCriminal cases

Applies to

Affidavit of violations

For a participant who has absconded for at least ten working days, Mental Health Court staff may complete an Affidavit of Violations on the prescribed form.

In the case of a participant who has absconded for a period of at least ten working days, Mental Health Court staff may complete an Affidavit of Violations on a form prescribed by the Mental Health Court.

WARNING

Applies to

Mediation materials

The mediator may require the parties to submit a confidential case statement or other materials considered appropriate for conducting the mediation efficiently.

The mediator may require the parties to submit a confidential statement of the case or other materials that the mediator believes appropriate for efficiently conducting the mediation.

WARNING

Applies to

Proposed order

If the presiding Family Court Judge requests it, the prevailing party must tender proposed findings, conclusions, an order, or another order or judgment.

B. Proposed Findings of Fact, Conclusions of Law and Order, or contempt orders following a finding of contempt, or any other order or judgment shall be tendered by the prevailing party if requested by the presiding Family Court Judge.

WARNINGCriminal cases

Applies to

Termination form

If the judge finds the request knowing and voluntary, the judge may terminate the participant using a form prescribed by the Mental Health Court.

If the Mental Health Court judge determines that the request is knowingly and voluntarily made, the Mental Health Court judge may terminate the participant from Mental Health Court on a form prescribed by the Mental Health Court and refer the case back to the appropriate circuit or district.

WARNING

Applies to

Mediation materials

The mediator may require parties to submit a confidential case statement or other materials reasonably considered appropriate for conducting the conference efficiently.

The mediator may require the parties to submit a confidential statement of the case or other materials that the mediator may reasonably believe appropriate for efficiently conducting the mediation conference.

INFOCriminal cases

Applies to

Termination petition

Participants may petition the Mental Health Court judge to terminate their participation.

Participants may petition the Mental Health Court judge for termination from Mental Health Court.