Hart County Circuit Court, Kentucky Document Filing Requirements

CRITICAL

The filing must list each person covered by the insurance and that person’s relationship to the filer.

i. List individuals who are covered by this insurance and their relationship to you:

CRITICAL

Applies to

Witness list

All parties must file a witness list identifying each expected witness's name, address, and telephone number.

Not later than fourteen (14) days prior to the final hearing, all parties shall file the following: 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

If there is no written agreement dividing the assets, list the assets.

If an agreement has not been reached in writing for the division of assets, you must list the assets .

CRITICAL

Applies to

Petition

The specified petitions must be filed in redacted and unredacted sealed-copy form as described.

3. Whenever personal identifiers are required by statute to be identified in the petition for dissolution of marriage or the petition for custody and/or time-sharing/visitation, the parties shall comply with Civil Rule 7.03(1)(b) by filing one copy from which any personal data has been redacted and filing an unredacted copy in a marked and sealed envelope.

CRITICAL

Applies to

Pre trial statement

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

Issues of law to be litigated .

CRITICAL

Applies to

Schedule

The schedule calls for applicable copies of the listed tax, income, childcare, real estate, banking, retirement, tracing, support-order, maintenance-order, and work-schedule documents as separate attachments.

IX. REQUIRED SEPARATE ATTACHMENTS : I have attached to this schedule applicable copies of A. My most recent Federal and State Tax Return (Form 1040) . B. My five (5) most recent pay stubs or earnings for three (3) months. C. A copy of my most recent child care billing. D. A copy of any real estate appraisals &/or PVA printout. E. A copy ofmy bank statements since separation . F. A copy of my most recent retirement plan summary . G. A copy of my tracing documents . H. A copy ofmy child support order on prior born children. I. A copy ofmy maintenance order. J. A copy ofmy work schedule.

CRITICAL

The filer must list all life insurance policies.

vi . List all life insurance policies:

CRITICAL

Applies to

Motion for trial

A motion for trial must be accompanied by the Commissioner's Report described in Appendix 1.

The motion shall be accompanied by a Commissioner's Report as set forth in Appendix 1

CRITICAL

Applies to

Motion to set for trial

A motion to set a non-domestic relations civil case for trial may be made on any rule day and must certify that the case will be ready by the trial date.

Motions to set a non-domestic relations civil case for trial may be made on any rule day and shall contain a certification that the case will be ready for trial by the trial date.

CRITICAL

If the filer is under a prior child-support order, attach a copy and list the names and birth dates of the children for whom support is paid.

If yes, attach a copy of the order to pay child support . List the names and dates of births of the previous born children upon which you are paying support .

CRITICAL

Applies to

Commissioner report

The Commissioner's Report must be filed with the Clerk, who must serve notice of filing and a copy of the Report on all parties who have appeared.

The Commissioner's Report shall be filed with the Clerk of the Court who shall henceforth serve notice of the filing and a copy of the Report upon all parties who have appeared in the action.

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

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

Order and judgment

All orders and judgments must include a distribution list that states 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

Protective order petition

Protective-order petitions must be completed and signed and use form AOC-275.1.

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

The filing must state monthly deductions from income.

STATE YOUR MONTHLY DEDUCTIONS FROM YOUR INCOME :

CRITICALCriminal cases

Applies to

Affidavit of violations

If the judge agrees with the termination recommendation, 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

Child support order

If child support is paid through the Friend of the Court, the parties must use the attached Order Setting Child Support form.

If child support is paid through the Friend of the Court, the parties shall use the attached Order Setting Child Support (Appendix 3).

CRITICALCriminal cases

Applies to

Order of diversion

A diversion referral may be made under approved local procedures only after an order of diversion has been entered.

An order of diversion: referral to Mental Health Court may be made utilizing approved local diversion procedures but only after an order of diversion has been entered.

CRITICAL

Applies to

Orders and judgments

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 ofthe Clerk by said order orjudgment, as set out in the following example.

CRITICAL

Applies to

Waiver of mandatory case disclosure form

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".

CRITICALCriminal cases

Applies to

Order of pretrial diversion

A pretrial diversion order must address applicable restitution, supervision and fees, duration, compliance with Probation and Parole rules, and the defendant’s legal and other court-imposed conditions.

B. The Order of Diversion shall include : l. 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 regulation imposed by Probation and Parole. 5. As required by KRS 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 KRS 533 .030 or any other condition the Court deems appropriate .

CRITICAL

For an expected bonus, state the amount expected and when it is expected.

Bonus expected : List how much expected and when.

CRITICAL

Applies to

Pendente lite motion

Pendente lite motions for custody and child support must be brought under KRS 403.270 et seq. and noticed under the Local Rules for motion-day hearings.

Any pendente lite motions for custody and child support shall be brought pursuant to KRS 403.270 et. seq., and noticed in accordance with the other provisions of these Local Rules relating to the notice of motions for hearing on motion days.

CRITICALCriminal cases

Applies to

Pretrial diversion application

When applying for pretrial diversion, defense counsel must state that the defendant waives speedy-trial or speedy-disposition rights if diversion is granted, 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

The filing must state each child’s name, age, date of birth, and whom the child resides with.

State the name, age and date of birth of all children under eighteen (18) in this case and with whom the children are residing.

CRITICAL

Applies to

Pre trial settlement conference submissions

Before the pre-trial/settlement conference, the parties or counsel must provide and file the specified materials, including stipulated facts, likely evidence problems, known motions in limine, and a statement about settlement discussions.

Prior to such conference the parties or their counsel shall provide and file the following: (a) An offer of stipulated facts. (b) Statement of evidence problems likely to arise at trial, including objections to exhibits. (c) All motions in limine of which counsel should reasonably be aware at that time. (d) Counsel's or party's statement that he or she has conferred with opposing counsel and/or parties for the purpose of considering the possibility of settlement, and indicating the current status of negotiations relative to the possibility of settlement .

CRITICAL

Applies to

Pre trial statement

The pre-trial statement must be available for opposing counsel to inspect at a location designated in the statement.

statement shall be made available for inspection by opposing counsel at a convenient location designated in the pre-trial statement

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

CRITICAL

Applies to

Discovery information

The defendant must provide the Commonwealth with discoverable information in the defendant’s possession within 7 days before the pretrial conference.

(2) Defendant's Responsibility: Within 7 days prior to the pre-trial conference, the Defendant shall provide to the Commonwealth all information in his or her possession subject to discovery by the Commonwealth under RCr 7 .24 .

CRITICAL

Applies to

Commissioners report

The Commissioner's Report must be filed with the Clerk of the Court.

The Commissioner's Report shall be filed with the Clerk of the Court

CRITICAL

Applies to

Pendente lite child support motion

A pendente lite child-support motion must include the filing party’s most recent wage information, the minor child’s insurance-cost information, and any child-care information.

Any pendente lite motion for child support shall be accompanied by the filing party's most recent wage information, cost ofminor child's insurance information and child care information, if any.

CRITICAL

List all remaining household property in dispute that has not previously been shown.

HOUSEHOLD PROPERTY IN DISPUTE: List all remaining household property not previously shown that is in dispute .

CRITICAL

The filer must identify who has possession of the property.

Who has possession of the property?

CRITICAL

Applies to

Complaint

A respondent seeking custody or time-sharing/visitation in this instance must file a complaint.

In this instance, the respondent must file a complaint to request custody and/or time-sharing/visitation and must pay the filing fee to the clerk pursuant to FCRPP 14(2).

CRITICAL

The filer must list any and all business interests or ownership.

v. List any and all interest in/ownership ofbusiness :

CRITICAL

Applies to

Agreed order

An agreed order setting pendente lite child support must be prepared in accordance with FCRPP 9(2) and Local Rule 703.

Any agreed order setting pendente lite child support shall be prepared in accordance with FCRPP 9(2) and Local Rule 703 herein.

CRITICAL

Applies to

Document

Parties must redact personal identifiers in other documents, pleadings, or exhibits when required by statute or included in those materials.

6. In any other documents, pleadings, or exhibits where personal identifiers are required by statute or are contained therein, the parties shall redact the personal identifiers in accordance with Civil Rule 7.03(1)(b).

CRITICAL

Applies to

Commissioners report

The Commissioner's Report must include findings of fact and conclusions of law where required by 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.

CRITICAL

Applies to

Pendente lite child support motion

A pendente lite child-support motion must include filed proof of the minor child's insurance cost and, if applicable, child-care cost.

In addition to the requirements contained in FCRPP 9(4), any pendente lite motion for child support shall be accompanied by filing proof of the cost of the minor child's insurance and the cost of child care, if any.

CRITICALCriminal cases

Applies to

Mental health court document

When any listed Mental Health Court document is used, Mental Health Court staff must file a copy with the appropriate clerk for the underlying criminal offense’s court record.

Upon utilization of any of the following documents, a copy of such documents) shall be filed by the Mental Health Court staff with the appropriate court clerk for entry into the court record of the underlying criminal offense: a. Order referring to Mental Health Court b. Notice of Eligibility; c. Order transferring to Mental Health Court; d. Affidavit of Violations; and, e. Orders of Termination, graduation, or administrative discharge.

CRITICAL

Applies to

Child support order

For every child support order, parties must direct the Circuit Clerk's Office under the DISTRIBUTION heading to seal the order.

4. In regard to all child support orders, the parties shall provide directions to the Circuit Clerk's Office under the 'DISTRIBUTION" heading to seal the child support order. See Local Rule 901(C.).

CRITICAL

Applies to

Verified disclosure statement

The Verified Disclosure Statement must be completed and sworn to under oath and under penalty of perjury.

The completed Verified Disclosure Statement, sworn to under oath and under penalty of perjury

CRITICAL

Applies to

Commissioner 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.

CRITICAL

The filer must state whether any property is claimed as non-marital and, if so, provide the amount and reason.

State whether any part of the property is considered non-marital in nature: If yes, state the amount and the reason for the claim:

CRITICAL

Applies to

Arraignment order

At arraignment, an order must be entered setting the case for a pretrial conference and trial.

At arraignment, an order shall be entered setting the case for pre-trial conference and for trial.

CRITICAL

Applies to

Order setting child support

The AOC-152 must be used with this Order Setting Child Support form.

NOTE: The AOC-152 must also be used in conjunction with this form pursuant to FCRPP 9(2).

CRITICALCriminal cases

Applies to

Order of contempt

A contempt referral to Mental Health Court in lieu of incarceration may be made only after an order of contempt has been entered.

An order of contempt of court: any judge may refer a person charged with contempt of court to Mental Health Court in lieu of being incarcerated on the contempt charge, but only after an order of contempt has been entered.

CRITICAL

Applies to

Verified disclosure statement

Must include

certificate of service

CERTIFICATE OF SERVICE On the day of , I hereby certify that an exact copy of the foregoing Verified Disclosure Statement was (__j mailed, ( ) hand-delivered to:

CERTIFICATE OF SERVICE On the day of , I hereby certify that an exact copy of the foregoing Verified Disclosure Statement was (__j mailed, ( ) hand-delivered to:

CRITICAL

Applies to

Commissioners report

The Commissioner's Report must be filed with the Clerk of the Court.

The Commissioner's Report shall be filed with the Clerk of the Court who shall henceforth serve notice of the filing and a copy ofthe Report upon all parties who have appeared in the action.