Harrison Circuit Court Document Filing Requirements

CRITICAL

Applies to

Answer

A Guardian Ad Litem must file an Answer on behalf of the client.

3) The Guardian Ad Litem shall file an Answer on behalf of their client.

CRITICAL

Applies to

Petition

The judge reviewing a petition must identify in its Court Action section whether the case is a domestic violence action or an interpersonal protective order action.

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

A specific written order is required before a video copy is released; anyone requesting permission to copy it must file a motion explaining the reason for the request.

No video copies of any in-chamber interviews with a child shall be released by the an Order must file a motion requesting permission to copy the video, and include an Circuit Clerk Court without a specific written Order. Any individual requesting such explanation of the reason for the request.

CRITICAL

Applies to

Adoption finalization documents

The petitioner must prepare all documents needed to finalize the adoption and submit them for Court review at least 10 days before the final hearing.

The Petitioner shall prepare all documents necessary to finalize the matter and shall submit the documents for the Court's review at least ten (10) days prior to the final hearing.

CRITICAL

Applies to

Dependency neglect abuse petition

Petitions must identify the applicable statute and provide detailed, child-specific facts explaining the basis for jurisdiction and each child’s relationship to the responsible party.

All Petitions shall state the applicable statute and detailed factual allegations relied upon in asserting the Court's jurisdiction. The factual allegations must fully explain the child's relationship to the responsible party. In cases involving multiple children, the Petition must fully explain the situation as it individually applies to each child.

CRITICAL

Applies to

Dependency neglect abuse petition

Petitions must name the biological parents unless parental rights have been terminated, name qualifying identified putative fathers, and reflect the petitioner’s diligent effort to locate the child’s parents.

All Petitions shall name both the biological mother and father of the child(ren) unless the parent's rights have been terminated by a valid court order. A putative father shall be named if he has been identified as the putative father pursuant to KRS 625.065(1), or if he has been identified as the putative father by the child's mother upon questioning. It is the Petitioner's obligation to make a diligent effort to locate the child's parents.

CRITICAL

Applies to

Motion to submit dissolution for final decree

A motion for a final dissolution decree must comply with FORPP3 and include the specified waivers, agreements, verified answers or deposition, proposed findings, and proposed decree.

The Motion shall comply with FORPP3 and shall contain executed waivers of hearing, waiver of financial disclosures (if applicable), the parties' settlement agreement or mediation agreement, verified Answers to Interrogatories or Deposition, proposed Findings of Fact, and a proposed Decree of Dissolution.

CRITICALCriminal cases

Applies to

Pretrial diversion application

When applying for pretrial diversion, counsel must state on the record that granting diversion waives the defendant’s right to a speedy trial or disposition, and the defendant must agree on the record.

In applying for pretrial diversion, counsel for the defendant must state, and the defendant must agree on the record, that in the event diversion is granted, any right to a speedy trial or disposition of the charge against him/her is waived

CRITICAL

Applies to

Motion to schedule hearing

For a motion requiring more than fifteen minutes, a special hearing time may be set, but the party must request it by filing and noticing a scheduling motion on the regular motion hour docket.

Any motion requiring a hearing in excess of fifteen minutes may be set for a special hearing time outside of the regular motion hour docket. A party shall request a hearing time by filing a motion to schedule a hearing, and by noticing the scheduling motion for hearing on the regular motion hour docket.

CRITICAL

Applies to

Contested hearing submission

A contested custody or timesharing hearing that could change the child’s school must include the child’s school records as an exhibit.

B) A child's school records shall be included as an exhibit in any contested hearing for custody or timesharing wherein the result could cause a change of the child's school.

CRITICAL

Applies to

Protective order petition

Protective-order petitions under KRS Chapters 403 or 456 must use form AOC-275.1 and be accepted and filed with the court.

A. All petitions requested, completed and signed by persons seeking protection under KRS Chapter 403 or KRS Chapter 456 shall be made on form AOC-275.1, and shall be accepted and filed with the court. KRS 403.725, KRS 456.030.

CRITICAL

Applies to

Dependency neglect abuse petition

Before filing with the clerk, the petitioner must submit the petition to the County Attorney for review; if sufficient cause is found, the County Attorney files it and refers the matter for investigation if needed.

Prior to filing the petition with the clerk, the Petitioner shall submit the petition to the County Attorney. The County Attorney shall review the Petition and determine if it is supported by sufficient cause. In the event that the County Attorney finds that the petition is supported by sufficient cause he or she shall file the Petition with the Court and refer the matter to the Cabinet for Families and Children for investigation if the Cabinet is not already involved in the case.

CRITICAL

Applies to

Termination petition

Termination proceedings involving two or more children of the same parent or parents must be brought by a separate petition for each child.

Termination proceedings involving two (2) or more children of the same parent(s) must proceed by separate Petitions for each child.

CRITICAL

Applies to

Pleading motion or other filed paper

Every pleading, motion, and other filed paper must include the typed or printed name, address, telephone number, and email address of the attorney or party signing it.

Every pleading, motion, and any other paper filed in the record by an attorney or a party shall contain the typed or printed name, address, telephone number and e-mail address of the attorney or party signing the paper.

CRITICAL

Applies to

Motion

An ex parte motion concerning emergency custody of children must describe the action taken to exhaust the stated remedies.

The motion must describe the action taken to exhaust these remedies.

CRITICAL

Applies to

Petition

The judge reviewing a protective-order petition must identify 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.

CRITICAL

Applies to

Report

At disposition of a juvenile dependency, neglect, and abuse case, the GAL must file a written report and make recommendations.

6) The GAL shall file a written report and make recommendations at the disposition of a juvenile dependency, neglect, and abuse case.

CRITICAL

Applies to

Summons

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

If reassignment or transfer occurs, the issuing judge shall re-issue a summons until the matter may be heard by the receiving judge.

CRITICAL

Applies to

Summons

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

E. Cases may be reassigned within the judicial circuit and, pursuant to FCRPP 12, a case may be transferred to another circuit if there is a pending dissolution or custody matter. If reassignment or transfer occurs, the issuing judge shall re-issue a summons until the matter may be heard by the receiving judge.

CRITICAL

Applies to

Dependency neglect abuse petition

Dependency, neglect, and abuse petitions must be filed in accordance with FCRPP 20.

All Petitions for Dependency, Neglect, and Abuse shall be filed in accordance with FCRPP 20.

WARNING

Applies to

Written motion

Petitioners seeking to initiate contempt proceedings should contact their county attorney or file a written motion specifying how the respondent allegedly violated a valid existing protective order of which the respondent had personal notice.

B. Petitioners seeking to initiate contempt proceedings should contact: Their respective county attorney, or, by the filing of a written motion specifying the precise manner in which the Respondent is alleged to be in violation of a valid existing protective order of which the Respondent has personal notice.

WARNING

Applies to

Motion to submit dissolution for final decree

Parties may seek a final dissolution decree by motion, which must be submitted directly to the Judge without noticing a hearing.

Pursuant to FCRPP3, parties may file a motion to submit a dissolution for Final Decree, and shall submit same directly to the Judge for review and approval, without noticing the matter for hearing.

WARNING

Applies to

Financial disclosure statement

The parties may waive exchanging final disclosure statements by mutual agreement if the agreement and waiver are filed in the record.

The parties may waive the exchange of final disclosure statements by mutual agreement, if said agreement and waiver is filed in the record.

WARNING

Applies to

Answer

A Guardian Ad Litem’s failure to appear or file a written Answer may result in sanctions, including removal from the appointment list.

4) The failure of a Guardian Ad Litem to appear, or the failure of the Guardian Ad Litem to file a written Answer may result in sanctions, including removal from the appointment list.

WARNING

Applies to

Motion

Petitioners seeking contempt proceedings should contact their county attorney or file a written motion specifying how the respondent allegedly violated a valid existing protective order of which the respondent has personal notice.

Petitioners seeking to initiate contempt proceedings should contact: Their respective county attorney, or, by the filing of a written motion specifying the precise manner in which the Respondent is alleged to be in violation of a valid existing protective order of which the Respondent has personal notice.

WARNING

Applies to

Dependency neglect abuse petition

If the County Attorney rejects a petition, the petitioner may file it privately; the clerk sets the next available court date, and a petition lacking sufficient cause must be dismissed.

If the County Attorney rejects the petition, the Petitioner may file the petition with the Court as a private petition, and the clerk shall set the matter for the next available court date. The Court will review the petition for sufficient cause. A petition that fails to state sufficient cause pursuant to KRS 620 et seq. shall be dismissed, sua sponte.

INFO

Applies to

Financial disclosure statement

A party may adopt its preliminary disclosure statement as its final statement if there are no changes or objections and notice is filed in the record.

A party's preliminary disclosure statement, exchanged pursuant to FCRPP2(3), may be adopted as a party's final disclosure statement if there have been no changes, no objections thereto, and with notice to the Court filed in the record.

INFO

Applies to

Agreed judgment of paternity and agreed order of support

In an open paternity case, the parties may submit an agreed judgment of paternity and agreed support order for Court review without a motion if all parties have signed the proposed order.

In any open paternity case, the parties may submit an Agreed Judgment of Paternity and an Agreed Order of Support for the Court's review and approval without filing a motion, so long as the proposed Order has been signed by all parties.

INFOCriminal cases

Applies to

Diversion order

The diversion order may include drug- and alcohol-free, law-abiding, and no-weapons conditions.

The Order of Diversion may include : 1. That the petitioner remain drug and alcohol free and be subject to random testing . 2 . That the petitioner have no violation of the Penal Code or the Controlled Substances Act . 3 . That the petitioner possess no firearm or any other deadly weapon

CRITICALCriminal cases

The diversion order must include the specified restitution, supervision, duration, and defendant-obligation provisions.

The Order of Diversion 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. Require defendant to obey all rules and regulations imposed by Probation and Parole. 5. As required by K.R.S. 533.030(1) [conditions of probation-restitution] direct the defendant not to commit any offense during the period of the pretrial diversion. Specifically, direct the defendant to comply with any other provision of K.R.S. 533.030 or any other condition the Court deems appropriate.

CRITICALCriminal cases

When recommending diversion, the Commonwealth must recommend its conditions and the sentence to impose if the agreement is unsuccessful.

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 unsuccessful. K.R.S. 533.252(3).

CRITICALCriminal cases

Applies to

Recommendation

The Commonwealth must submit a written recommendation to the Court for each application.

The Commonwealth shall make a written recommendation to the Court in response to each application. K.R.S. 533.250(2).