Henderson Circuit Court Document Filing Requirements

CRITICAL

Applies to

Separate civil action

After paternity is determined, a party seeking custody must file a separate civil action in circuit court, not proceed in a juvenile action.

After a determination of paternity, a party requesting custody must file a separate civil action in circuit court rather than proceeding in a juvenile action.

CRITICALCriminal cases

Applies to

Written recommendation

The Commonwealth must make a written recommendation to the Court in response to each pretrial diversion application.

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

CRITICAL

Applies to

Emergency custody order

If an ECO is issued and a CHFS social worker is not involved in this process, a copy shall be provided to the person seeking the ECO prior to leaving the Circuit Court Clerk's Office, as well as to CHFS. The original ECO shall remain with the Circuit Court Clerk's Office.

If an ECO is issued and a CHFS social worker is not involved in this process, a copy shall be provided to the person seeking the ECO prior to leaving the Circuit Court Clerk's Office, as well as to CHFS. The original ECO shall remain with the Circuit Court Clerk's Office.

CRITICAL

Applies to

Attorney statement

An attorney seeking access to a paternity file must sign a statement limiting what may be disclosed to the client and acknowledging that the remaining file information is confidential.

Pursuant to KRS 406.035, the attorney seeking permission to review and/or copy the paternity file shall sign a statement that the order of judgment is the only information which to the client, including information relating to domestic violence or child abuse as well as the addresses of the parties. representation of the party, any information contained in such file is confidential and subject Regardless of the subsequent representation or non- to the attorney-client privilege.

CRITICAL

Applies to

Request for paternity case file access

upon the receipt by the Upon receipt of the Henderson Family Court Clerk's Office of an attorney's statement Henderson Family Court Clerk's Office of a party's signed and notarized release authorizing an attorney to inspect the party's paternity case file, for reasons relating to representation in that action of a party thereto, the Clerk's office shall grant the attorney access to such a file.

upon the receipt by the Upon receipt of the Henderson Family Court Clerk's Office of an attorney's statement Henderson Family Court Clerk's Office of a party's signed and notarized release authorizing an attorney to inspect the party's paternity case file, for reasons relating to representation in that action of a party thereto, the Clerk's office shall grant the attorney access to such a file.

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; transfer to another circuit may occur if a dissolution or custody matter is pending.

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

Order

To be entered without a hearing, an order must include the preparer's certificate and a signed “have seen” from opposing party or counsel.

In order to be entered without the necessity of a hearing, an order must contain The preparer's certificate and a "have seen" signed by opposing party or counsel.

CRITICAL

Applies to

Petition for order of protection

The reviewing judge must indicate in the petition’s Court Action section which of the two specified types of action is being brought.

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

Family court case data sheet

The Family Court Case Data Sheet must be fully completed in every case.

The Family Court Case Data Sheet must be fully completed in all cases.

CRITICAL

Applies to

Motion to withdraw

An attorney seeking to withdraw must file a motion and give adequate notice to the client and opposing counsel.

When an attorney of record wishes to cease representation of a party, he or she shall file a motion therefore and give adequate notice to his or her client and opposing counsel

CRITICAL

Applies to

Videography record certification

If proof is offered orally before the Court, the Petitioner's attorney must file a certification about the videography record, including its date and time, signed by both parties or their counsel.

In the event proof is offered orally before the Court, a certification concerning the videography record, including date and time, shall be filed by the attorney for the Petitioner and signed by both parties, or their counsel.

CRITICAL

Applies to

Petition

A petition must provide full information about the child's parents and addresses, and the petitioner must diligently try to locate them, including by contacting the Child Support Division.

2. Full information concerning the child's parents and their address(es). The Court's jurisdiction; and not limited to, initiating contact with the Child Support Division of the petitioner shall make diligent efforts to locate the child's parents, including but Henderson County Attorney's Office.

CRITICAL

Applies to

Pleading

In addition, all pleadings must comply with the requirements of KRS Chapters 205, 403, 405, 406 and 407 by providing the personal identifying information required in those chapters.

In addition, all pleadings must comply with the requirements of KRS Chapters 205, 403, 405, 406 and 407 by providing the personal identifying information required in those chapters.

CRITICAL

Applies to

Order of submission

Upon final submission, attorneys must file an Order of Submission identifying the submitted issues with particularity.

Upon final submission of any matter to the Court, the attorneys shall prepare and file in the record an Order of Submission setting forth with particularity the issue or issues submitted

CRITICAL

Applies to

Case management conference cancellation

A Case Management Conference may be cancelled only by an agreed order or an order of the Court.

Case Management Conference may only be cancelled by agreed order or order of the Court.

CRITICAL

Applies to

Declaration of paternity

In any action for dissolution of marriage where there is a minor child born to the parties declaration may be in the form of an affidavit or may be included in a property settlement document or other court order and set forth in the Decree of Dissolution.

In any action for dissolution of marriage where there is a minor child born to the parties declaration may be in the form of an affidavit or may be included in a property settlement document or other court order and set forth in the Decree of Dissolution.

WARNING

Applies to

Certificate of service

Proof of service on the Judge should be listed in the Certificate of Service.

proof of service on the Judge should be listed in the Certificate of Service .

WARNING

Applies to

Agreed order of custody

An agreed custody order may be filed in a CI action if it includes an appropriate affidavit waiver and references the paternity judgment, its case number, and its entry date.

An agreed order of custody with an appropriate waiver of affidavit may be filed in a "CI" action, to include reference to the entry of a judgment of paternity, with the case number and date of entry of the judgment.

WARNING

Applies to

AOC 275.5

Petitioners seeking to initiate contempt proceedings should contact: Henderson Circuit Clerk's Office to obtain a AOC 275.5 and upon completing the document return it to the Clerk to be placed on the docket

Petitioners seeking to initiate contempt proceedings should contact: Henderson Circuit Clerk's Office to obtain a AOC 275.5 and upon completing the document return it to the Clerk to be placed on the docket

WARNING

Applies to

Brief

The Court may require counsel to submit briefs or memoranda concerning the submitted issues.

The Court may require of counsel such briefs or memoranda relating to the issues thus submitted as it may deem appropriate

INFOCriminal cases

Applies to

Order of pretrial diversion

The Order of Diversion may include requirements to 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.

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 .

INFO

Applies to

Order of submission

The Court may decide submitted issues without an Order of Submission or briefs being filed.

The Court may on its discretion decide the issues thus submitted without an Order of Submission or briefs being filed

INFO

Applies to

Verified disclosures

Litigants in cases without a request for maintenance need not complete the expense portion of the Verified Disclosures.

In cases not involving a request for maintenance litigants need not complete the expense portion of the Verified Disclosures.

INFO

Applies to

Verified disclosures

Parties may submit joint verified disclosures or one party may submit an affidavit adopting the opposing party’s verified disclosures.

Parties may submit joint verified disclosures or, in the alternative, one party may submit an AOC-239, Final Verified Disclosure Statement, affidavit adopting the verified disclosures as submitted by the opposing party.