Harlan Circuit Court Document Filing Requirements

CRITICAL

Applies to

Motion

Must include

certificate of conference

A moving party must file or attach a certification with the listed discovery motion stating that counsel conferred and could not resolve the dispute.

Concurrently with the filing of any of said motions, the moving party shall file a certification or attach a certification to said motion or motions certifying that counsel has conferred with opposing counsel and that they were unable to resolve their differences.

CRITICAL

Applies to

Attorney signed legal paper

Attorney-signed pleadings, motions, and other legal papers must include the signing attorney’s fax number and email address if available, in addition to the information required by the regional rules.

All pleadings, motions and any other legal papers requiring the signature of an attorney shall set forth, in addition to that information required in the Rules of Practice and Procedure for the Cumberland Region of Judicial Circuits, more specifically CPR-120, the facsimile of fax number and the e-mail address of the attorney signing said documents, if available.

CRITICALCriminal cases

Applies to

Motion for diversion

The described procedure has the prosecutor file a diversion motion with the court clerk accompanied by the prosecutor’s recommendation.

a motion for diversion, accompanied by the prosecutor's recommendation, would be filed by the prosecutor with the court clerk

CRITICAL

Applies to

Written brief

Written briefs are required in the covered appeals and petitions for review under the Kentucky Rules of Civil and Criminal Procedure.

Written briefs are required by the Kentucky Rules of Civil and Criminal Procedure.

CRITICAL

Applies to

Response brief

Must include

proposed order

The appellee must tender a proposed oral-argument scheduling order with the response brief, leaving the date and time blank for the Court to complete.

The appellee shall tender concurrently with the filing of the response briet, a proposed order assigning the action on appeal to a day certain for oral argument; however, the section regarding date and time for said argument shall have appropriate blank spaces for completion by the Court of information regarding the date and time thereof.

CRITICAL

Applies to

Brief or memorandum

A copy served on the Court must include all cited authorities, copies served on opposing counsel must include out-of-jurisdiction authority, and the original filed with the clerk need not include authority copies.

(3) All briefs and memorandums containing cites to case authorities shall (as to the copy served on the Court pursuant to CPR-115(2.) have attached thereto copies of all authority cited. Copies served on opposing counsel shall contain copies of all "out of jurisdiction: authority. No copies of authority need be included in the original brief or memorandum filed with the clerk of the Court.

CRITICAL

Applies to

Judgment or order

A judgment or order must include the names and addresses of all counsel and self-represented litigants, if known.

The judgment or order shall contain the names and addresses of all counsel and/or pro se litigants, if known.

CRITICAL

Applies to

Appeal withdrawal request

Before retained counsel may receive permission to withdraw for an appealing defendant, counsel must prepare and file the listed appeal documents, including an in forma pauperis request if necessary.

Before such permission can be granted, it shall be the responsibility of retained counsel to prepare and file the following: i. Notice of appeal pursuant to RCr 12.04; ii. Motion, affidavit and order for leave to appeal in forma pauperis, if necessary; iii. Order directing preparation of transcript pursuant to HCPR- 180; and iv. Order substituting the Office of Public Advocacy as counsel on appeal.

CRITICAL

Applies to

Discovery response

Discovery answers and objections must quote each request or demand in full immediately before the response.

(1) Answers and objections to interrogatories, requests for admissions and other similar discovery demands shall identify and quote, verbatim, each interrogatory or request or demand in full immediately preceding the statement of any answer or objection thereto.

CRITICALCriminal cases

Applies to

Application petition

A copy of the application or petition must be sent to the Judge at the same time to alert the Court that a diversion plan is being considered.

A copy of said application/petition shall be sent simultaneously to the Judge, in order to alert the Court that a pretrial diversion plan is being considered]

CRITICAL

Applies to

Discovery response

An objection to a discovery demand must state its supporting grounds and authority.

(2) Any objection to an interrogatory, request for admissions or other similar discovery demand shall set forth grounds in support thereot, together with any authority in support of said objection.

CRITICALCriminal cases

Applies to

Pretrial diversion recommendation

Recommendations to the Court about pretrial-diversion conditions must be in writing.

Make recommendations to the Court in writing of conditions for pretrial diversion

CRITICAL

Applies to

Case submitted on depositions

Cases submitted on depositions, except uncontested divorces, must include cited legal memoranda or briefs and proposed findings, conclusions, and judgments.

All cases submitted on depositions, other than uncontested divorces, shall be accompanied by legal memorandums or briefs (with appropriate cites to the transcript of testimony, the transcript of the record, and legal authorities) and proposed Findings of Fact, Conclusions of Law, and Judgments, all of which shall be served on opposing parties, pursuant to the provisions of CR5.01.

CRITICAL

Applies to

Legal paper

Must include

caption

Covered legal papers in civil and criminal cases must place the prescribed heading at the beginning and center of the first page.

(1) The style or heading of all pleadings, motions, orders pertaining to particular cases, judgments, decrees and other legal papers to be filed in the 26th Judicial Circuit in all civil and criminal cases shall be styled at the beginning and center of the first page thereof as follows: COMMONWEALTH OF KENTUCKY 26TH JUDICIAL CIRCUIT HARLAN CIRCUIT COURT CIVIL ACTION NO. INDICTMENT NO. 99

CRITICAL

Applies to

Motion

An attorney seeking to place a motion on the criminal motion day docket must file the original with the clerk and notice it for that date.

To have a motion placed on the criminal motion day docket, the attorney so desiring shall file the original of said motion with the clerk of the Court and notice the motion for said date.

CRITICAL

Applies to

Protective order petition

The judge reviewing an order-of-protection petition must indicate in its Court Action section whether the resulting action is a domestic violence action or an interpersonal protective order action.

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.

CRITICALCriminal cases

Applies to

Written recommendation

The Commonwealth's Attorney must provide the Court a written recommendation in response to each petition.

Tile Commonwealth's Attorney shall make a recommendation to the Court in writing in response to each petition .

CRITICALCriminal cases

Applies to

Application petition

The defense attorney must submit an application or petition to the prosecutor.

The defense attorney shall submit an application/petition to the prosecutor

CRITICAL

Applies to

Order decree or judgment

When the Court does not prepare the document itself, counsel must prepare a conforming order, decree, or judgment as directed by the Court.

Except any order, ruling, opinion, decree or judgment prepared by the Court itself, whenever any ruling is made or opinion is rendered, an order, decree or judgment in conformity therewith, shall be prepared by counsel as directed by the Court.

CRITICAL

Applies to

Rule or show cause order

A rule or show-cause order must contain a short statement of the grounds for its issuance.

The rule or show cause order shall be served together with a copy of the motion and affidavit (if applicable) which initiated said rule or order (if said rule or order was issued ex parte) and shall contain a short statement of the grounds for its issuance.

CRITICALCriminal cases

Applies to

Pretrial diversion recommendation

A recommendation, favorable or unfavorable, is required for every petition, and the court cannot act on a diversion request without one.

The Commonwealth Attorney is statutorily required to make a recommendation, whether favorable or unfavorable, on every petition. A circuit court cannot act on a request for diversion absent a recommendation.

CRITICAL

Applies to

Order judgment or decree

For the specified court-signed orders and judgments, counsel must deliver the original, sufficient copies, and properly addressed plain white legal-sized envelopes to the Court.

In addition to the requirements contained in CPR-130, when an order or judgment or decree is signed by the Court, which has been prepared and submitted by counsel at the direction of the Court, or on the volition of counsel in conformity with the Court's ruling, or an uncontested judgment or judgment in default submitted by counsel to the Court for the judge's signature, then said counsel shall deliver to the Court the original and a sufficient number of copies of said documents), together with properly addressed plain white legal sized envelopes to enable or permit the clerk of the Court to complete service or distribution of the same.

CRITICAL

Applies to

Discovery response

A refusal to answer a discovery demand must cite appropriate case authority or reasons grounded in evidence law or privilege.

(3) Any refusal to answer any interrogatory, request for admissions or other discovery demand shall cite appropriate case authority, including cases interpreting parallel Federal Rules of Procedure, or reasons well grounded in the law of evidence or privilege.

CRITICAL

Applies to

Motion

An attorney seeking to place a motion on the civil day docket must file the original motion with the Clerk and notice it for a particular date.

To have a motion put on the civil day docket, the attorney so desiring shall file the original of said motion with the Clerk of the Court and notice the motion for a particular date.

WARNING

Applies to

Memorandum of law

At a pretrial conference, the Court may order memorandums of law addressing issues expected at trial.

At a pretrial conference, the Court may also order the submission of memorandums of law regarding the issues expected to arise at trial.

WARNING

Applies to

Video deposition order

An order authorizing a video deposition must designate who will take it and how it will be recorded, preserved, and filed; the order may include additional safeguards.

Any such order shall designate the person before whom the deposition shall be taken, the manner of the recording, preserving and filing of the deposition to be taken and may include other provisions to assure that the recorded testimony will be accurate and trustworthy.

WARNING

Applies to

Motion

To seek a contempt rule or show-cause order, a motion should request the rule or hearing order and the alleged offender’s appearance, except when the Court acts on its own motion.

The proper procedure for obtaining a rule for contempt or an order directing or ordering a show cause hearing (except in those matters where the Court acts sua sponte) is as follows: (a) a Motion should be filed requesting the rule or an order directing a show cause hearing and the appearance of the alleged offender,

WARNING

Applies to

Motion

said motion (unless the Court's own motion) should be supported by a duly executed affidavit, containing more than conclusory allegations, showing that the movant is entitled to the rule or show cause order;

said motion (unless the Court's own motion) should be supported by a duly executed affidavit, containing more than conclusory allegations, showing that the movant is entitled to the rule or show cause order;

INFO

Applies to

Order or judgment

A party against whom an order or judgment will be entered, or that party’s counsel, may request to review it and sign “have seen” before the Court enters it.

However, if the party against whom the order or judgment is to be entered is not represented by counsel, or is represented by counsel, said party or counsel may request to review the order and sign as "have seen" prior to the entry by the Court.

CRITICALCriminal cases

A pretrial-diversion order must include the listed terms, including applicable restitution and supervision fees, diversion duration, testing and conduct conditions, and any other appropriate conditions.

The order shall include: 1. Restitution, if applicable. 2. Whether the diversion shall be supervised or unsupervised (and include supervision fees, if applicable). 3. Duration of the diversion. 4. That the petitioner remain drug and alcohol free and be subject to random testing. 5. That the petitioner have no violation of the Penal Code or the Controlled Substances Act. 6. That the petitioner possess no firearm or any other deadly weapon. 7. Any other provisions of KRS 533.030 or any other condition which the Court deems appropriate.