Henderson Circuit Court Document Filing Requirements

CRITICAL

Applies to

Final verified disclosure statement

A Final Verified Disclosure Statement (AOC-239) must be filed in contested and uncontested dissolution actions.

Pursuant to FCRPP 2 and 3, in both contested and uncontested dissolution actions the AOC-239, Final Verified Disclosure Statement, must be filed with the Court.

CRITICALCriminal cases

Applies to

Order of pretrial diversion

The Order of Diversion must direct the defendant not to commit any offense during diversion and to comply with other applicable statutory provisions or conditions set by the Court.

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

Order or judgment

An order or judgment must bear the specified attorney approvals and preparer notation, and must identify when the opposing party is unrepresented.

It shall be signed "have seen" or "ok to enter" by all attorneys of record, and shall be presented to the Court . It shall also include "prepared by" . If the party against whom the order or judgment is entered is not represented by counsel, that fact shall be endorsed thereon .

CRITICALCriminal cases

Applies to

Pretrial diversion application

For a pretrial diversion application, counsel must state and the defendant must agree on the record to waive speedy-trial and speedy-disposition rights if diversion is granted.

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.

CRITICALCriminal cases

Applies to

Order of pretrial diversion

Whether the diversion shall be supervised or unsupervised (and include supervision fees, ifapplicable). [It is recommended a monthly supervision fee of $25.00, but no less than $10 .00, be imposed on the divertee. KRS 533.250(3) .]

Whether the diversion shall be supervised or unsupervised (and include supervision fees, ifapplicable). [It is recommended a monthly supervision fee of $25.00, but no less than $10 .00, be imposed on the divertee. KRS 533.250(3) .]

CRITICAL

Applies to

Petition

Each petition must include a Case Data Information sheet (Form AOC-FC-3) and VS 300.

A Case Data Information sheet (Form AOC-FC-3) and VS 300 shall be filed with each petition.

CRITICAL

Applies to

Default judgment motion

A party seeking default judgment under the specified rules must file a written motion on the motion docket accompanied by the movant’s CR 55.01 certificate.

A party seeking a judgment by default where CR 55 .01, 5 .01, or 6 .03 apply shall file a written motion for such a judgment, which must appear on the motion docket . Said motion shall be accompanied by the movant's certificate, as stated in CR 55 .01 .

CRITICAL

Applies to

Judicial order request

A request for an order releasing a child interview video must include a written explanation identifying the requested portion as an in-chambers child interview and stating the request’s specific purpose.

An individual requesting a judicial order must provide the Family Court Judge a written explanation for the request which specifically indicates the portion of the video record being requested is an in-chamber interview with a child and specific purpose for the request.

CRITICAL

Applies to

Motion

Each motion must be filed with a brief statement of its grounds and citations of relied-upon authorities, which may be included in the body of the motion.

There shall be filed with each motion a brief statement of the grounds therefore, with citations of authorities relied upon, which may be set forth in the body of the motion if the pleader so desires .

CRITICAL

Applies to

Protective order petition

Protective-order petitions must use form AOC-275.1 and be accepted and filed with the court.

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

Settlement submission

If the parties settle after a Final Evidentiary Hearing is scheduled but before it occurs, one option is to submit a written settlement agreement, motion to submit, and decree directly to the Court.

In the event a settlement is reached after the Final Evidentiary Hearing has been scheduled but before the hearing date has occurred, one of the following must occur: A written settlement agreement, motion to submit and decree shall be submitted directly to the Court;

CRITICAL

Applies to

Appearance and waiver or agreement

An unrepresented party signing and acknowledging an appearance and waiver or agreement must do so before a notary or deputy clerk.

Any unrepresented party who signs and acknowledges an appearance and waiver or agreement shall do so before a notary or deputy clerk.

CRITICAL

Applies to

Preliminary verified disclosure statement

Parties must deliver the AOC-238 Preliminary Verified Disclosure Statements to the Court at least five days before the Case Management Conference.

Parties must deliver the AOC-238, Preliminary Verified Disclosure Statements, to the Court at least five days prior to the Case Management Conference.

CRITICAL

Applies to

Sign out slip

A juvenile with a court appearance scheduled during the school day must attend school beforehand and obtain a sign-out slip, absent extreme circumstances.

If a juvenile has a scheduled court appearance when school is in session, the juvenile must attend school prior to the court appearance (absent a showing of extreme circumstances), and must obtain a sign-out slip.

CRITICAL

Applies to

Agreed order

The Court will sign an agreed order when all counsel of record or affected unrepresented parties have signed it, except an order continuing trial.

The Court will sign all agreed orders signed by all counsel of record or by parties not represented by counsel who are affected by the order with the exception of orders continuing the trial of any case .

CRITICAL

The withdrawing attorney must ensure the client receives notice and be prepared to prove receipt at the hearing.

It shall be his responsibility to see that the client receives such notice, and he or she must be prepared to present proof of this fact at the hearing

CRITICALCriminal cases

Applies to

Diversion recommendation

When recommending diversion, the Commonwealth must submit written recommendations on the diversion conditions and the sentence to impose if the agreement is unsuccessful.

When diversion is recommended, the Commonwealth must make written recommendations to the Court ofconditions for the pretrial diversion as well as the appropriate sentence to be imposed if the diversion agreement is unsuccessful . KRS 533 .252(3) .

CRITICAL

Applies to

Motion for child support modification

A motion to modify child support must explain why the movant believes a substantial and continuing material change of circumstance has occurred.

In addition to the requirements of FCRPP 9(5), any motion for modification of child support shall include information as to why the movant believes there is a material change of circumstance that is substantial and continuing, pursuant to KRS 403.213 (1).

CRITICAL

Applies to

Filed paper

Must include

case number

Every filed paper must include the case number and the typed or printed name and contact information of the attorney or party signing it.

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

CRITICAL

Applies to

Order of substitution

A party who appeared through counsel may not appear through different counsel unless the Court first enters a substitution order.

Whenever a party has appeared by counsel he or she may not thereafter appear by different counsel in his or her own behalf, unless an order of substitution shall first have been made by the Court after reasonable notice to the attorney for the party and to the opposing attorney

CRITICAL

Applies to

Discovery response

Each answer to an interrogatory or request for admission must be immediately preceded by the question or request it answers.

When answering interrogatories or requests for admissions, the replying party shall set forth immediately preceding each answer the question or the request to which the answer is responsive .

CRITICAL

Applies to

Protective order petition

The reviewing judge must identify in the petition’s Court Action section whether the matter 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 Actioni 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

AOC 275.5

After completing the AOC 275.5, the petitioner must return it to the Clerk for docketing.

upon completing the document return it to the Clerk to be placed on the docket

CRITICAL

Applies to

Final decree

When an order to attend FIT has been entered in a dissolution involving minor children, the Court must wait to enter the final decree until the parties and children from kindergarten age through seventeen have completed the program.

In any dissolution of marriage in which there are minor children, a Final Decree of Dissolution of Marriage shall not be entered by the Court if an order to attend the Families in Transition Program has been entered until parties and children, kindergarten age to seventeen, have attended and completed the Families in Transition (FIT) program.

CRITICAL

Applies to

Motion to submit

Every decree of dissolution must be submitted with a Motion to Submit verified by both parties or accompanied by the required affidavits; attachments already in the court file need not be resubmitted.

A Motion to Submit pursuant to FCRPP 3 is required to be submitted with every decree affidavits required in FCRPP 3. If attachments referred to in FCRPP 3 are already of dissolution. The motion must be either verified by both parties or accompanied by the included in the court file, the parties shall not be required to re-submit those documents.

CRITICAL

Applies to

Default judgment

A default judgment must state that the movant furnished the certificate required by CR 55.01.

Any judgment by default entered by the Court shall, as a part thereof, state that the movant has furnished the certificate as required by CR 55 .01 .

CRITICAL

Applies to

Motion

A request for an order concerning confidential video records must be made by written motion stating its purpose.

An individual requesting a judicial order must file a written motion, with notice to all parties, including the child's Guardian ad Litem, if any, and set forth the purpose for the request.

CRITICAL

Applies to

Order or judgment

The prepared order or judgment must conform to the judge’s announced order or judgment or the jury verdict.

an order or judgment in conformity therewith shall be prepared by counsel for the successful party

CRITICAL

Applies to

Genetic report

The original genetic report must be filed in support of a motion to dismiss, a motion for trial, or a motion for summary judgment.

Within thirty (30) days of receipt of the genetic report, the petitioner shall file the original report with the Court in support of a motion to dismiss, a motion for trial, or a motion for summary judgment.

CRITICAL

Applies to

Decree

Both parties or their counsel must sign the decree before it is submitted.

Both parties or their counsel must sign the decree prior to submission.

CRITICAL

Applies to

Motion for fees

A motion for fees must be submitted with an affidavit of services and billing sheet, and two copies of the order must be prepared.

To move the Family Court for the issuance of an order for fees, prepare two copies of the order, a single motion and affidavit regarding services rendered, and attach a copy of the billing sheet.

CRITICAL

Applies to

Memorandum brief

Plaintiff's counsel must submit a memorandum brief addressing anticipated unusual trial problems at least 7 days before the pretrial conference.

Not less than 7 days before the pretrial conference, plaintiff's counsel shall submit a memorandum brief on any unusual problems anticipated to arise in the trial of the action

CRITICAL

Applies to

Petition

Petitions must be submitted to the Henderson County Attorney for legal-sufficiency review; rejected petitions go to the Family Court Judge, approved petitions are initialed, and a copy and original are distributed and filed as specified.

All petitions shall be filed in accordance with FCRPP 20 and shall be submitted to the petition is rejected by the County Attorney, it shall be submitted to the Family Court Henderson County Attorney, who shall check the petition for legal sufficiency. If the fails to state grounds for action pursuant to KRS Chapter 620, the petition shall be Judge for determination of legal sufficiency. If the Judge determines that the petition appropriate, shall initial the petition for filing. A copy shall be distributed to the dismissed. If the petition is approved, the Assistant County Attorney or Judge, as and the original shall be filed with the Office of the Henderson Circuit Court Clerk.

CRITICAL

Applies to

Discovery objection

An objection to an interrogatory or request for admission must state its basis and cite supporting authority.

All objections to interrogatories and requests for admissions must cite basis for the objection and shall cite authority of such objection .

CRITICAL

Applies to

Response

If a party chooses to respond or the Court orders a response, the response must be in similar form to the motion’s required statement of grounds and citations.

If a party desires to respond or if the Court orders a response, the response to any motion shall be in similar form

CRITICAL

Applies to

Child support order

An order setting or modifying child support must have a guidelines worksheet attached.

Any order setting or modifying a child support obligation shall include a guidelines worksheet attached to the order.

CRITICAL

Applies to

Proposed jury instructions

The parties must submit proposed jury instructions by the pretrial conference covering the jury issues raised by each party's theory, except that a defendant without a counterclaim or cross-claim may limit instructions to the defendant's theory.

On or before the pretrial conference, submit to the Court proposed jury instructions, together with sufficient copies to be served upon opposing counsel . Such proposed instructions shall embody all jury issues raised by each party's theory of the case, except that instructions submitted on behalf of the defendant(s) may be limited to the defendant's theory of the case if the defendant is not prosecuting a counterclaim or cross-claim

CRITICAL

Applies to

Videotaped deposition

When completed, the reporter who took the deposition must transmit its videotape and typewritten transcript to the Clerk in the manner required by law.

When completed, the videotape and typewritten transcript of each deposition thus taken shall be transmitted to the Clerk of the Court by the reporter who took the same, in the manner required by law .

CRITICAL

Applies to

Child support motion

Child-support motions in dissolution or paternity actions must comply with KRS 403.211 and 403.212.

In addition to the requirements of FCRPP 9, all motions for child support in a dissolution of marriage or paternity action shall be in strict compliance with KRS 403.211 and 403.212.

CRITICALCriminal cases

Applies to

Order of pretrial diversion

The Order of Diversion must include restitution when applicable, and restitution is mandatory where the victim has suffered monetary damage.

Restitution, if applicable [Made mandatory by KRS 533.254 where victim has suffered monetary damage.]

CRITICAL

Applies to

Deposition transcript

For videotaped depositions, a typewritten transcript of the testimony and all objections, certified as accurate and complete, must be furnished to the Court for advance rulings on objections.

In addition to the videotape recording of each deposition, there shall be furnished to the Court, for the purpose of ruling upon objections in advance of trial, a typewritten transcript of the verbal testimony and all objections thereto, duly certified to be accurate and complete .

CRITICAL

Applies to

Final evidentiary hearing

A final evidentiary hearing will not be set until the parties have completed FIT.

No final evidentiary hearing will be set until the parties have completed FIT.

CRITICALCriminal cases

Applies to

Order of pretrial diversion

The Order of Diversion must include the duration of the diversion.

Duration of the diversion

CRITICAL

Applies to

Order

The party preparing an order must ensure it contains a Distribution list in the example format.

It shall be the responsibility of the party preparing the Order to make sure that all Orders contain a Distribution list as set out in the example .

CRITICALCriminal cases

Applies to

Order of pretrial diversion

The Order of Diversion must require the defendant to obey all rules and regulations imposed by Probation and Parole.

Require defendant to obey all rules and regulations imposed by Probation and Parole.

CRITICAL

Applies to

Settlement agreement

As an alternative after settlement, the parties and counsel must appear on the scheduled hearing date and put the agreement on the record; counsel may bring or electronically transfer a draft for the Court to edit and the litigants to execute.

the agreement on the record. Counsel may The parties and their counsel shall present themselves to the Court on the agreement to the court for editing and execution of the agreement by the bring a draft of the agreement on disk or otherwise electronically transfer the litigants.

CRITICAL

Applies to

Petition

A petition must cite the specific statute and factual allegations relied on to establish the Court's jurisdiction.

1. Citations to specific statute and factual allegations relied upon in asserting the Court's jurisdiction;

CRITICAL

Applies to

Dissolution case management submission

The AOC-239, Final Verified Disclosure Statement, and a proposed resolution of all suite 301, Henderson County Judicial Center, at least 5 days before the Case contested matters shall be faxed, emailed or hand-delivered to Henderson Family Court, Management Conference.

The AOC-239, Final Verified Disclosure Statement, and a proposed resolution of all suite 301, Henderson County Judicial Center, at least 5 days before the Case contested matters shall be faxed, emailed or hand-delivered to Henderson Family Court, Management Conference.

CRITICAL

Applies to

Motion

Must include

proposed order

A proposed conforming order, including any required findings of fact and conclusions of law, must accompany every motion except a motion to set a pretrial conference or trial date.

All motions including motions for summary judgment but excluding motions to set a pretrial conference or trial date shall be filed with the tender of a proposed order in conformity therewith, including such orders that require findings of fact and conclusions of law .

CRITICAL

Applies to

Motion

A party seeking a trial date must file a motion entitled “Motion to Set for Trial,” which is placed on the motion docket.

Any party desiring a trial date shall file a motion entitled "Motion to Set for Trial" which shall be placed on the motion docket .