Hart County Circuit Court, Kentucky Document Filing Requirements

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.

CRITICALCriminal cases

Applies to

Pretrial diversion order

The Order of Diversion must address applicable restitution, supervision and fees, duration, compliance with Probation and Parole rules, and the defendant’s conduct and other conditions.

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

Applies to

Verified disclosure statement

The statement must include the filer’s latest federal and state tax returns and recent wage statements, or documented evidence of earnings for the last three months.

Please attach your last Federal and State Income Tax Returns and wage statements from your employer for the last five (5) weeks, or documented evidence of earnings for the last three (3) months.

CRITICALCriminal cases

Applies to

Notice of termination

If the judge agrees with the accommodation, the judge must complete the prescribed Notice of Termination 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

Attach all documents tracing the claimed non-marital property.

V NON-MARITAL PROPERTY (MUST ATTACH ALL TRACING DOCUMENTS)

CRITICALCriminal cases

Applies to

Ineligibility notice

If a defendant is found ineligible, staff must inform the referring judge in writing using the Mental Health Court’s prescribed form.

If a defendant is determined to be ineligible for Mental Health Court, Mental Health Court staff shall inform the referring judge in writing using the form prescribed by the Mental Health Court.

CRITICAL

Applies to

Mediation report

The mediator must report the outcome of the mediation to the court.

The mediator shall report to the court the outcome of said mediation.

CRITICAL

Applies to

Verified disclosure statement

Every question on the form must be answered fully or marked “NONE” or “NOT APPLICABLE” (N/A).

ALL QUESTIONS ON THIS FORM MUST BE ANSWERED IN FULL OR THE WORDS "NONE" OR "NOT APPLICABLE" (N/A) INSERTED.

CRITICALCriminal cases

Applies to

Written recommendation

When recommending diversion, the Commonwealth must submit written recommendations addressing the diversion conditions and the sentence 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 . KRS 533.253(3).

CRITICAL

Applies to

Motion

A motion will not be heard by the Commissioner unless a copy is pre-filed with the Commissioner and accompanied by the $20 fee.

No motion shall be heard by the Commissioner where a copy of said motion is not pre-filed with the Commissioner and accompanied by the Commissioner's fee of $20.00.

CRITICAL

The filer must list all stocks, bonds, and other securities.

ii. List all stocks, bonds and other securities :

CRITICAL

Applies to

Pendente lite child support motion

A pendente lite child-support motion must include 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.

CRITICAL

Applies to

Pendente lite child support motion

When 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

Applies to

Agreed judgment or separation agreement

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

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

Pre trial statement

The pre-trial statement must state the plaintiffs’ claims and legal theories.

A statement of the claim or claims of plaintiffs, including legal theories.

CRITICAL

The filer must list retirement, pension, stock option, and profit-sharing plans and attach the most recent summary.

iv. List retirement, pension, stock option and profit sharing plans (attach a copy of most recent summary) :

CRITICAL

If the filer is under a maintenance order in this case, attach a copy of that order.

If yes, attach a copy of the maintenance order.

CRITICAL

Applies to

Order setting child support form

The AOC-152 must be used in conjunction with the Order Setting Child Support form.

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

CRITICAL

Applies to

Motion for trial

A motion for trial must certify the estimated hearing length.

A motion for trial shall certify the estimated length of time required for the hearing .

CRITICAL

Applies to

Pleadings

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

Child support order

Every child support order must include directions under the “DISTRIBUTION” heading for the Clerk's Office to seal it.

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.).

CRITICALCriminal cases

Applies to

Affidavit of administrative discharge

If the team finds administrative discharge appropriate, staff must complete an Affidavit of Administrative Discharge for the judge.

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

Arraignment and discovery order

Criminal cases are set for trial through an Arraignment and Discovery Order signed at arraignment.

Criminal cases will be set for trial through an Arraignment and Discovery Order to be signed at arraignment .

CRITICAL

Applies to

Interrogatories and requests for admissions and responses

All interrogatories and responses, and all requests for admissions and their answers or objections, must be filed with the Circuit Clerk as part of the record.

Pursuant to these local rules, all interrogatories and responses thereto and all requests for admissions and answers or objections thereto shall be filed of record in the office of the Circuit Clerk.

CRITICALCriminal cases

Applies to

Diversion recommendation

When recommending diversion, the Commonwealth must submit written recommendations to the Court addressing the diversion conditions and the appropriate sentence 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 . KRS 533.253(3).

CRITICAL

The filer must list all assets held in the name of or on behalf of children.

iii. List all assets held in the name ofor on behalf of children :

CRITICAL

The filer must provide the property's present value and attach an appraisal and/or PVA printout.

Total present value (appraisal or assessed value): $ (Attach copy of appraisal and/or PVA printout.)

CRITICAL

Applies to

Motion

A motion to submit an uncontested action must include proposed findings, conclusions, judgment and decree, and a proposed Commissioner’s Report recommending their adoption.

Any motion to submit any uncontested action must be accompanied by (a) the proposed "Findings of Fact, Conclusions of Law, Judgment and Decree" which the moving party desires the Court to adopt ; (b) a proposed Report of the Commissioner recommending adoption of the proposed "Findings of Fact, Conclusions of Law, Judgment and Decree," and, the Commissioner's Fee of $15.00.

CRITICALCriminal cases

Applies to

Agreement of participation

For an eligible defendant, staff must explain Mental Health Court and the Agreement of Participation and request the defendant’s signature on the prescribed form; the attorney may be 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.

CRITICALCriminal cases

Applies to

Notice of termination

The circuit clerk must file the Notice of Termination and Affidavit of Violations in the official record and serve notice of the termination on the parties, their attorneys, and probation and parole.

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

CRITICAL

If the wife pays child care costs, attach a copy of the most recent billing.

ii. The wife pays child care costs in the amount of $ (monthly) to . (Attach copy of most recent billing.)

CRITICAL

If the husband pays child care costs, attach a copy of the most recent billing.

i . The husband pays child care costs in the amount of $ (monthly) to . (Attach copy of most recent billing .)

CRITICALCriminal cases

Applies to

Notice of eligibility

If a defendant refuses to sign the Agreement of Participation, staff must notify the referring judge using the prescribed Notice of Eligibility form.

If a defendant refuses to sign the Agreement of Participation, Mental Health Court staff shall notify the referring judge by utilizing the Notice of Eligibility form prescribed by the Mental Health Court.

CRITICAL

Applies to

Exhibit list

The required exhibit list must identify exhibits that may be introduced into evidence and, if feasible, be attached to the pre-trial statement.

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).

CRITICAL

List all non-marital property and the basis for claiming that each item is non-marital.

List all non-marital property of every kind, whether real property or personal items, and the basis for the claim that such is non-marital (obtained prior to marriage, purchased with funds from sale of items obtained prior to marriage, inheritance, etc .).

CRITICALCriminal cases

Applies to

Notice of eligibility

After completing the assessment, staff must complete the Notice of Eligibility using the Mental Health Court’s prescribed form.

After completing the assessment, Mental Health Court staff shall complete a Notice of Eligibility form on a form prescribed by the Mental Health Court.

CRITICALCriminal cases

Applies to

Commonwealth recommendation

The Commonwealth must make a written recommendation to the Court; the source text is incomplete.

The Commonwealth shall make a written recommendation to the Court in

CRITICAL

Applies to

Mediation agreement

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

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

WARNING

Applies to

Mediation statement

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

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

WARNING

Applies to

Mediation materials

The mediator may require the parties to submit a confidential case statement or other materials the mediator considers appropriate to conduct the mediation 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.

WARNING

Applies to

Verified disclosure statement

A represented filer is asked to list counsel’s name and address on the Verified Disclosure Statement.

IF REPRESENTED BY COUNSEL, PLEASE LIST NAME AND ADDRESS OF ATTORNEY:

WARNING

Applies to

Mediation materials

The mediator may require parties to submit a confidential case statement or other materials the mediator reasonably considers appropriate.

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.

WARNING

Applies to

Mediation report

The mediator must report the mediation outcome to the court and may, with the parties’ consent, identify matters that could facilitate settlement.

The mediator shall report to the court the outcome of said mediation. With the consent of the parties, the mediator may also identify those matters which, if resolved or completed, would facilitate the possibility of settlement.

WARNINGCriminal cases

Applies to

Notice of termination

The judge may sign a prescribed-form Notice of Termination, with a copy of the Affidavit of Violations 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.

WARNINGCriminal cases

Applies to

Termination form

A participant may petition for termination, and if the judge finds the request knowing and voluntary, the judge may terminate participation using a prescribed form and refer the case back to the appropriate circuit or district.

Participants may petition the Mental Health Court judge for termination from Mental Health Court. If the Mental Health Court judge determines that the request is knowingly and voluntarily made, the Mentai 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

Verified disclosure statement

If the form lacks sufficient space, additional information must be attached as exhibits and treated as part of the sworn disclosure statement.

If there is not sufficient space on this form to provide all of the information necessary, please attach additional sheets as exhibits, which shall be made a part of this Verified Disclosure Statement, as if included verbatim therein and covered under the oath of the party.

WARNINGCriminal cases

Applies to

Affidavit of violations

If a participant has absconded for at least ten working days, Mental Health Court staff may complete a prescribed-form Affidavit of Violations.

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.

INFO

Applies to

Post trial submissions

After trial, the Commissioner may require briefs or desired findings and may set reasonable filing deadlines.

Following the trial, the Commissioner may require the parties to submit briefs or desired findings, etc. and may set reasonable time limits for the filing of these documents .

INFOCriminal cases

Applies to

Order of pretrial diversion

A pretrial diversion order may include requirements that the petitioner remain drug- and alcohol-free and submit to random testing, avoid violations of the Penal Code or Controlled Substances Act, and possess no firearm or other deadly weapon.

C. The Order of Diversion may include : l. 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.

INFOCriminal cases

Applies to

Pretrial diversion order

The Order of Diversion may include conditions requiring the petitioner to remain drug- and alcohol-free and subject to random testing, avoid violations of specified laws, and possess no firearm or other deadly weapon.

The Order of Diversion may include : l. 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.