Hart County Circuit Court, Kentucky Document Filing Requirements

CRITICAL

The form requires the filer to specify any special needs of the children.

E. SPECIAL NEEDS : Specify any special needs of the children:

CRITICAL

Applies to

Witness list

The required witness list must identify each expected witness’s name, address, and telephone number.

1. Witness List: A list which identifies the name, address, and telephone number of any person that is expected to be called as a witness.

CRITICAL

Applies to

Separation agreement or agreed judgment

If a child-support obligation deviates from the cited Guidelines, the agreement or judgment must state the reason for the deviation.

If the child support obligation established in the separation agreement or agreed judgment does not correspond to the Child Support Guidelines contained in KRS 403.212 (6), the agreement or judgment must state the reason for deviation from the Guidelines .

CRITICAL

The filer must list cash and the specified accounts and attach the most recent bank statement for each account.

i. List all cash on hand, checking and savings accounts, certificates of deposit and money market accounts (attach a copy ofmost recent bank statements from each account) :

CRITICAL

Applies to

Pre trial statement

The pre-trial statement must state the defenses or claims of defendants or third parties, including legal theories.

A statement ofthe defenses or claims ofdefendants, or third parties, including legal theories.

CRITICALCriminal cases

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

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

Pendente lite child support motion

If the filing party has both parties’ wage information, the pendente lite child-support motion must also include a completed Child Support Worksheet.

In cases where both parties' wage information is available to the filing party the motion shall also be accompanied by a completed Child Support Worksheet .

CRITICAL

Applies to

Separation agreement or agreed judgment

A separation agreement or agreed judgment that deviates from the Child Support Guidelines must state the reason for the deviation.

If the child support obligation in the separation agreement or agreed judgment does not correspond to the Child Support Guidelines contained in KRS 403.212(6), the agreement or judgment shall state the reason for deviating from the Guidelines.

CRITICAL

The filer must list all specified vehicles and recreational property, including the PVA or NADA value and amounts owed as of the separation date.

C. AUTOMOBILES, ETC. : List all automobiles of every kind, motorcycles, mopeds, four- wheelers or the likes, all boats, motors and trailers, and all other recreational vehicles of every kind, including the PVA assessed value or NADA value and amounts owed as of the date of separation.

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

Waiver of verified disclosure statements

Parties who wish to waive filing verified disclosure statements must execute the Waiver of Mandatory Case Disclosure form in Appendix C.

If the parties wish to waive the filing of the verified disclosure statements, the parties shall execute the Waiver of Mandatory Case Disclosure" form which is attached hereto in Appendix "C".

CRITICAL

Applies to

Separation agreement or agreed judgment

A separation agreement or agreed judgment that provides for child support must attach the specified child-support worksheet and the applicable ND or FOC Order.

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 along with a copy ofthe N D Order or the FOC Order, whichever applies .

CRITICAL

Applies to

Pre trial statement

The pre-trial statement must identify the issues of fact to be litigated.

Issues of fact to be litigated .

CRITICAL

Applies to

Domestic violence petition copy

If either party has filed a domestic violence petition during the action, a copy must be filed in the case file.

IF YES, PLEASE FILE A COPY OF THE PETITION IN THIS CASE FILE.

CRITICALCriminal cases

Applies to

Assessment

After the defendant executes the Agreement of Participation, staff must complete the assessment using the Mental Health Court’s 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

Pre trial statement

Parties claiming damages must itemize them and identify damages calculable from objective data.

All parties making claims for damages shall itemize their claimed damages, and shall specify those damages which can be calculated from objective data.

CRITICAL

Applies to

Pre trial statement

The pre-trial statement must list all witnesses and expert witnesses who may be used at trial, with their addresses and telephone numbers.

All witnesses and expert witnesses who may be used at trial shall be listed, along with their addresses and telephone numbers .

CRITICAL

The form requires all marital property to be listed in the appropriate sections.

List all marital property of the parties in the appropriate sections as follows:

CRITICAL

Applies to

Nonjury trial submissions

In nonjury cases, counsel must provide trial briefs and proposed findings of fact and conclusions of law on the first day of trial.

In nonjury cases, counsel shall provide trial briefs and proposed findings of fact and conclusions of law on the first day of trial.

CRITICAL

Applies to

Jury trial submissions

In jury cases, counsel must file trial briefs and requests for instructions on the first day of trial.

In jury cases, counsel shall file trial briefs and request for instructions on the first day oftrial.

CRITICAL

Applies to

Order and 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

Agreed order setting pendente lite child support

An agreed order setting pendente lite child support must be accompanied by a completed Child Support Worksheet.

Any agreed order setting pendente lite child support, shall be accompanied by a completed Child Support Worksheet.

CRITICAL

Applies to

Waiver of mandatory case disclosure and final hearing

Parties signing the waiver swear or affirm under penalty of perjury that they have disclosed their property and debts, agree to waive the exchange of AOC forms 238 and 239, and waive the final hearing.

By signing this waiver, the parties identified above, do hereby swear or affirm, under penalty of perjury, to the following: 1. That each party has made the other aware of all property, real, personal or mixed, marital or non-marital, owned by him or her, and has made the other aware of all values or increases in values of said property, as well as having made the other aware of all debt associated with said property and all debt incurred during the marriage. 2. That the parties are fully satisfied that there is no other property, real, personal or mixed, or debt, which has not been disclosed to the other. 3. That neither party desires to make public their assets and debts. 4. That the parties agree to waive the exchange of AOC forms 238 and 239. 5. That the parties waive their right to a final hearing.

CRITICAL

Applies to

Verified disclosure statement

The Verified Disclosure Statement includes a declaration under penalty of perjury that its information is complete and accurate to the declarant’s knowledge and belief, with an execution date.

I declare under penalty of perjury that the information set forth in this Verified Disclosure Statement is complete and accurate to the best of my knowledge and belief, and that this was executed on this the day of ,

CRITICAL

Applies to

Pleading

All pleadings must provide the personal identifying information required by KRS Chapters 205, 403, 406, and 407.

2. All pleadings must comply with the requirements of KRS Chapter 205, 403, 406 and 407 by providing the personal identifying information required by those chapters.

CRITICAL

Applies to

Order

Every order must be accompanied by a tendered Commissioner’s Report recommending that the presiding Judge sign the order.

All Orders shall be accompanied by a tendered "Report" ofthe Commissioner recommending that the "Order" be signed by the presiding Judge.

CRITICAL

Applies to

Exhibit list

All parties must file an exhibit list identifying exhibits that may be introduced into evidence; if feasible, attach it to the pre-trial statement.

Not later than fourteen (14) days prior to the final hearing, all parties shall file the following: 2. Exhibit List: A list which identifies any exhibits that may be introduced into evidence, and if feasible, shall be attached to the pre-trial statement. FCRPP 3(4).

CRITICALCriminal cases

Applies to

Notice of termination

The judge must sign a prescribed-form Notice of Termination, 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

Pleading

Must include

case number

A pleading must contain the case number or the Clerk shall not file it.

Any pleading not containing the case number thereon shall not be filed by the Clerk.

CRITICAL

Applies to

Mediation agreement

Any mediation agreement must be put in writing and signed by the parties.

If any agreement is reached during the mediation, it shall be reduced to writing and signed by the parties.

CRITICAL

Applies to

Pre trial compliance statement

Exhibits that may be used at trial must be listed and copied, and attached to the pre-trial statement if feasible.

All exhibits which may be used at trial shall be listed and copied, and if feasible, shall be attached to the pre-trial statement.

CRITICALCriminal cases

Applies to

Assessment and notice of eligibility submission

The completed assessment, Notice of Eligibility, and other pertinent information must be submitted to the Mental Health Court team before the defendant’s next scheduled court appearance.

The assessment, the Notice of Eligibility form, and any other pertinent information regarding the defendant shall be completed and submitted to the Mental Health Court team prior to the defendant's next scheduled court appearance.

CRITICAL

Applies to

Commissioners report

The Commissioner's report must contain recommendations and, where required by law, findings of fact and conclusions of law.

The Commissioner shall prepare a Report of his/her recommendations to the Court on any matter submitted to him/her within sixty (60) days, including findings of fact and conclusions of law where required by law.

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.

CRITICAL

Applies to

Agreed judgment or separation agreement

An agreed judgment or separation agreement providing for child support must include the applicable child support worksheet and IV-D or Friend of the Court Order as attachments.

Any agreed judgment or separation agreement providing for a child support obligation shall include as an attachment thereto a Commonwealth of Kentucky Worksheet for Monthly Child Support Obligation along with a copy of the IV-D Order or the Friend of the Court Order, whichever applies.

CRITICAL

Applies to

Mediation agreement

Any agreement reached during mediation must be put in writing and signed by the parties.

If any agreement is reached during the mediation, it shall be reduced to writing and signed by the parties.

CRITICAL

The filing must state the monthly cost of the insurance policies.

ii. State the monthly cost of the insurance(s) :

CRITICAL

Applies to

Pendente lite child support motion

If the filing party has both parties' wage information, a pendente lite child-support motion must include a completed Child Support Worksheet.

In cases where both parties' wage information is available to the filing party, the motion shall also be accompanied by a completed Child Support Worksheet.

CRITICAL

For multiple parcels of real estate, the filer must attach a sheet listing the additional properties and include mobile homes in this section.

A. REAL ESTATE : (Where more than one parcel of real estate is owned, attach a sheet for all additional properties. Include mobile homes in this section .)

CRITICAL

Applies to

Complaint

A respondent seeking custody or time-sharing/visitation in the described action must file a complaint.

In this instance, the respondent must file a complaint to request custody and/or time-sharing/visitation

CRITICAL

Specify amounts for monthly expenses.

VIII. MONTHLY EXPENSES (specify amounts)

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

A movant seeking pendente lite maintenance must file a completed Verified Disclosure Statement for the Commissioner to consider the motion.

No motion for pendente lite maintenance will be considered by the Commissioner absent the filing of a completed Verified Disclosure Statement by the movant.

CRITICALCriminal cases

Applies to

Confidentiality agreement

A non-team member may attend staffing only if there is an extraordinary need, the judge approves, and the person 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

The filing must list hospitalization, medical, and dental insurance policies covering the filer or their children.

A. INSURANCE : List all hospitalization, medical and dental insurance policies that cover you and/or your children:

CRITICAL

Applies to

Mediation report

The mediator must report to the court whether mediation did not occur, remains incomplete, or was completed, and whether the parties reached an agreement.

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.

CRITICALCriminal cases

Applies to

Written referral order

A judge’s written referral order is the basis for Mental Health Court staff to determine eligibility for assessment.

Upon receipt of a written order of referral from a judge, Mental Health Court staff shall determine whether a person is eligible for assessment using the following criteria.

CRITICAL

Applies to

Distribution list

The Clerk must certify each order distribution by checking the recipient’s name and initialing and dating the bottom of the distribution list.

shall certify such mailing, delivery or placement by making a check mark by the person listed and shall initial and date the same at the bottom ofthe distribution list.

CRITICAL

Applies to

Pre trial statement

For each expert witness who has not been deposed, the pre-trial statement must disclose the expected subject matter, the substance of the expected facts and opinions, and a summary of the grounds for each opinion.

Also, as to each expert witness who has not been deposed, the pre-trial statement shall state the subject matter on which the expert is expected to testify and shall state the substance of the facts and opinions to which the expert is expected to testify and a summary ofthe grounds for each opinion .

CRITICALCriminal cases

Applies to

Agreement of participation

All potential Mental Health Court participants must sign a written 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.