Henry County Circuit Court, Kentucky Document Filing Requirements

CRITICAL

Applies to

Pre trial memorandum

If the Court orders a pre-trial memorandum, the parties must use the Court-supplied form and file the completed memorandum as a legal pleading by the Court-prescribed deadline.

Additionally, the Court may Order the Parties to submit a pre-trial memorandum outlining the issues to be tried before the Court in advance of the trial date. Said pre-trial memorandum shall be on a form to be supplied by the Court with the entry of the Order setting pre-trial deadlines and the filled-in memorandum shall be filed as a legal pleading by the deadline prescribed by the Court.

CRITICAL

Applies to

Pleadings and entry of appearance

Pleadings and entries of appearance must state counsel's office and contact information.

On the pleadings and in the entry of appearance, counsel shall set forth counsel's office, address, mailing address, telephone number, fax number, and e-mail address.

CRITICAL

Applies to

Settlement notice

After settling issues set for hearing or trial, the parties must notify the Court; that notice may be included in their Agreed Order.

If the parties reach a settlement resolving issues to be hear at a hearing or trial, the parties shall file notice with the Court, and contact Family Court staff at (502)222-2490 to remand the motion from the Court's docket. The notice to the Court to remand may be contained in the Agreed Order of the parties.

CRITICAL

Applies to

Order of distribution

An Order of Distribution must state the amounts collected, including the advance costs deposit, itemize all fees and costs, and substantially comply with the appended form.

Orders of Distribution of funds held by the Master Commissioner shall set forth the amounts collected, including the advance costs deposit referenced in 6.1(2) above. All fees and costs must be itemized on the Order of Distribution and shall substantially comply with the form appended herein.

CRITICAL

Applies to

Motion to withdraw

Counsel must remain of record through the time to appeal unless the Court relieves counsel upon written motion and notice.

Withdrawal: Once having entered appearance, counsel shall remain of record, unless relieved of responsibilities by the Court upon written motion and notice (with copy of said motion served upon the client), until expiration of the time for filing a notice of appeal after the entry of a final judgment or order.

CRITICAL

Applies to

Written motion

A person seeking an order for confidential video records must file a written motion stating the request’s purpose and give notice to all parties, including the child’s Guardian ad Litem, if any.

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

Domestic violence order petition

A petition for a domestic violence order must conform to the requirements of KRS 403.725.

each petition for a domestic violence order shall conform with the requirements of KRS 403.725

CRITICAL

Applies to

Notice

Should the agreement resolve all issues for which a hearing has been scheduled, the parties shall file notice with the Court, which may be within the agreed order, and notify Court Staff, (502)222-2490, that the hearing is remanded from the Court's docket.

Should the agreement resolve all issues for which a hearing has been scheduled, the parties shall file notice with the Court, which may be within the agreed order, and notify Court Staff, (502)222-2490, that the hearing is remanded from the Court's docket.

CRITICAL

Applies to

Preliminary verified disclosure statement

Both parties must provide Preliminary Verified Disclosure Statements whenever either or both parties are unrepresented.

Preliminary Verified Disclosure Statements are required of both parties whenever one or both parties are unrepresented by counsel.

CRITICAL

Applies to

Dependency petition

Petitions must include the specified form contents, jurisdictional citations and allegations, and parents’ contact information; petitioners must also make diligent efforts to locate the parents, including contacting the County Attorney’s Child Support Division.

C. Any petition filed with this Court shall contain: The contents of the official AOC-DNA-1 (Juvenile Dependency/Neglect or Abuse Petition) form; Citations to the specific statute and factual allegations relied upon for asserting the Court's jurisdiction; and Full information concerning the child's parents and their addresses), email addresses), and phone numbers). The Petitioner shall make diligent efforts to locate the child's parents, including but not limited to initiating contact with the County Attorney's Office - Child Support Division.

CRITICAL

Applies to

Agreed order of dismissal

Upon settlement of a civil action, the parties or their counsel must prepare and tender an agreed dismissal order signed by all parties or counsel to the presiding judge.

An Agreed Order of Dismissal, signed by all parties or their counsel, shall be prepared and tendered to the presiding judge for signature upon the settlement of any civil action.

CRITICAL

Applies to

Entry of appearance

An appearance is general unless counsel states otherwise on the record, and a limited appearance must specify its scope.

4.3 Scope of Appearance: Unless counsel specifies otherwise on the record, an entry of appearance is a general appearance for all purposes. An entry of appearance for a limited purpose shall specify the limited nature of counsel's representation of the client.

CRITICAL

Applies to

Transport order

For an incarcerated subpoenaed witness, the party calling the witness must submit a transport order to the Court with appropriate times and locations at least seven days before the desired appearance.

If any subpoenaed witness is incarcerated, the party on whose behalf the witness is to testify shall submit a transport order, with appropriate times and locations, to the Court at least seven (7) days in advance of the desired appearance.

CRITICAL

A final hearing date may not be assigned until the GAL report and the Cabinet or other agency report are filed in the record.

Pursuant to KRS 199.515, no adoption proceeding shall be assigned a final hearing date until the report of the GAL, and the report of the Cabinet, or other agency, is filed in the record.

CRITICAL

Applies to

Court order

The Clerk grants the attorney access only after the Judge reviews and signs an order authorizing access.

After review and signature of a Court Order by the Judge authorizing access to the file, the Clerk shall grant the attorney access.

CRITICAL

Applies to

Stipulation of facts

After the pretrial conference, the parties must file a Stipulation of Facts.

Upon completion of said conference, the parties shall file a Stipulation of Facts to avoid unnecessary proof or delay.

CRITICAL

Applies to

Agreement or agreed order

Attorneys may sign for clients but must state the method of authority on the signature line.

Attorneys may sign for their clients but must state on the signature line the method of authority.

CRITICAL

Applies to

Dependency petition

Proceedings involving siblings require a separate petition and case number for each child.

In proceedings involving siblings, separate petitions shall be filed for each child and individual case numbers shall be assigned by the clerk of the court.

CRITICALCivil cases

Applies to

Mediator report

The mediator must report to the court whether mediation occurred or was completed and whether an agreement was reached.

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 .

CRITICAL

Applies to

Interpersonal protective order petition

A petition for an interpersonal protective order must conform to the requirements of KRS 456.030.

each petition for an interpersonal protective order shall conform with the requirements of KRS 456.030.

CRITICAL

Applies to

Paternity case file access request

An attorney seeking access to a paternity file for representation must submit a written, signed request stating the reason, unless the party instead signs a notarized release authorizing access.

A. An attorney seeking permission to review and/or copy a paternity case file for reasons relating to representation of a party in that action, shall submit a written and signed statement to the Clerk of the Court requesting permission to inspect said Court file and outlining his/her reason for that request. In the alternative, a party to a paternity action may sign a notarized release authorizing an attorney to review and/or copy his/her paternity case file.

CRITICAL

Applies to

Appraisal

Before the sale, two disinterested persons actively engaged in real estate or with at least one year of experience in the field must determine the appraisal value.

(f) Before any real property is sold under a Judgment and Order of Sale, the appraisal value shall be determined by two disinterested persons both of whom are actively engaged in or have had at least one year of experience in the field of real estate.

CRITICAL

Applies to

Appraisal

The appraisal must be written, signed by its preparers, and filed in the court record before the sale.

In accordance with KRS 426.520(2) the appraisal shall be in writing, shall be signed by the persons making it, and shall be filed in the court record prior to sale.

CRITICAL

Applies to

Final proof

Final Proof in a dissolution matter must be submitted with a joint written motion and sufficient proof of the statutory facts.

Final Proof in a Dissolution matter shall be submitted to the Court upon a joint written motion, with necessary proof, that is sufficient to prove the statutorily require facts.

CRITICAL

Applies to

Order of distribution

An Order of Distribution tendered 120 days after the sale must be docketed for Motion Hour and may be granted only by leave of Court for good cause shown.

Any Order of Distribution tendered 120 days after date of sale shall be required to be docketed for Motion Hour and will only be granted by leave of Court for good cause shown.

CRITICAL

Applies to

Mediation report

If mediation does not produce an agreement, the mediator must report to the Court whether mediation is incomplete or completed and whether agreement was reached on any or all issues.

If no agreement is reached, the mediator shall report to the Court that the mediation has not been completed, or that the mediation has been completed with or without an agreement on any or all issues.

CRITICAL

Applies to

Final hearing papers

Must include

proposed order

Counsel must submit all necessary final paperwork and proposed orders, including Findings of Fact and Judgment of Adoption, unless the Court orders otherwise.

Counsel shall tender all necessary final paperwork and proposed orders to the Court fourteen days prior to the hearing for review, including Findings of Fact and Judgment of Adoption except as otherwise ordered by the Court.

CRITICAL

Applies to

Affidavit

A party electing to pay delinquent taxes directly must provide the Court an affidavit listing the authorities and lien holders, amounts owed, tax years, and confirmation of payment, with proof of payoff attached.

A party taking credit against its judgment pursuant to 8.4(d), may elect to pay the delinquent taxes directly to any tax authorities and tax lien holders. If such election is made under this provision, the party shall provide an affidavit to the Court with service upon the Commissioner's Office, listing all delinquent taxing authorities and lien holders; amount owing; tax year; and that all delinquent taxing authorities and tax lien holders have been paid and attach proof of the delinquent tax payoff.

CRITICAL

Applies to

Summons

Consistent with FCRPP 12, when the case is transferred to another circuit due to a pending dissolution or custody matter, the summons shall be reissued by the initiating court and, if applicable and if service has not been made as of the date of transfer, the EPO or TIPO shall remain in effect for a period not to exceed fourteen (14) transfer or as the court determines is necessary for the protection of the petitioner. Thereafter, reissuance of the summons shall occur as needed in the court of transfer.

Consistent with FCRPP 12, when the case is transferred to another circuit due to a pending dissolution or custody matter, the summons shall be reissued by the initiating court and, if applicable and if service has not been made as of the date of transfer, the EPO or TIPO shall remain in effect for a period not to exceed fourteen (14) transfer or as the court determines is necessary for the protection of the petitioner. Thereafter, reissuance of the summons shall occur as needed in the court of transfer.

CRITICAL

Applies to

Mediation agreement

Any agreement reached in mediation must be written and signed by the parties and their counsel.

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

CRITICAL

Applies to

Required documents

The parties must file and exchange all documents required by the applicable rules, including final disclosure statements, by those rules’ deadlines.

7. The parties shall file and exchange all required documents under the Civil Rules, the Family Court Rules of Practice and Procedure, or the local rules of this jurisdiction, including final disclosure statements by the deadlines set forth therein.

CRITICAL

Applies to

Dispositional report

The Dispositional Report must be submitted on form AOC-DNA-12.

The Dispositional Report shall be submitted on form AOC-DNA-12.

CRITICAL

Applies to

Family court case

Must include

caption, case number

Family Court cases must use the specified caption, including a case number.

B. Cases filed in the Family Court shall be styled as follows: COMMONWEALTH OF KENTUCKY FAMILY COURT CASE NO.:_

CRITICAL

Applies to

Pleading motion or other filing

Must include

case number

Every filed pleading, motion, or other paper must include the case number and the signing attorney’s or party’s typed or printed name, address, telephone number, and email address.

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

New allegation or removal request

A new allegation or removal request made after a child achieves permanency must be filed as a new action.

Any new allegation or request for removal after a child has achieved permanency shall be filed as a new action.

CRITICAL

Applies to

Trial brief

A party claiming damages must submit an itemized statement of the damages and amounts claimed in its trial brief.

Any party making a claim for damages shall submit an itemized statement of damages and amounts claimed in the trial brief.

CRITICAL

Applies to

Trial pretrial filings

Each party must file and exchange the specified pretrial memorandum, witness list, and exhibit list at least fourteen days before trial.

2. At least fourteen (14) days in advance of the trial date, each party shall file and exchange the following information: a. A pretrial memorandum on the form supplied by the Court outlining all issues in dispute to be tried; b. A list of all witnesses that may be called to testify; and c. A list of all exhibits that may be introduced.

CRITICAL

Applies to

Dependency petition

Petitions must follow FCRPP 19 and contain the contents of the official AOC-DNA-1 petition form.

All petitions shall be filed in accordance with FCRPP 19 and shall contain the contents of the official AOC form, AOC-DNA-1, Dependency, Neglect or Abuse Petition, which is available for use in compliance with this rule.

CRITICAL

Applies to

Motion

After the statutory time periods are met, petitioner’s counsel must file a motion on the Court’s regular DNA docket.

After the statutory time periods have been met, counsel for the petitioner(s), shall a file a motion, with notice to all necessary parties, on the Court's regular DNA docket.

CRITICAL

Applies to

Deposition transcript

If a deposition is the subject of a motion, the relevant pages of a condensed deposition transcript must be filed in the record.

Relevant pages of a condensed deposition transcript shall be filed in the record if the deposition is the subject of any motion before the Court.

CRITICAL

Applies to

Proposed order of distribution

If a distribution will be made to a taxing authority or tax lien holder, the proposed order must identify the recipient and tax bill number and year, and the Master Commissioner must receive the tax bill with a payoff amount through the following month.

If disbursements are to be made to a taxing authority or tax lien holder, then the taxing authority and tax lien holders, (together with the outstanding tax bill number and year) must be listed in the proposed Order of Distribution, and a copy of the tax bill or bills must be furnished to the Master Commissioner with a payoff amount through the following month.

CRITICAL

Applies to

Motion

Must include

proposed order

A proposed order or judgment must be tendered with every motion.

A proposed order or judgment shall be tendered with any motion.

CRITICAL

Applies to

Complaint and judgment and order of sale

If the property has a mobile home or other structure requiring a title certificate, the Complaint and Judgment and Order of Sale must identify it, provide its year, make, model, and VIN, and state whether it is part of or affixed to the real estate or separately titled.

(a) If a mobile home, or other structure requiring a certificate of title is located on the property, it shall be noted in the Complaint and Judgment and Order of Sale along with the year, make, model and VIN of said mobile home. It shall be stated whether the mobile home or other structure is a part of or affixed to the real estate or titled separately.

CRITICAL

Applies to

Agreement or agreed order

Agreements and Agreed Orders containing substantive non-procedural matters must be signed by the parties and, if represented, their attorneys.

All Agreements and Agreed Orders that contain substantive non-procedural matters shall be signed by the parties and, if represented, by their attorneys.

CRITICAL

Applies to

Alternative order or judgment

If the proposed order or judgment is unsatisfactory to opposing counsel, that party must present an alternative version.

present that party's alternative version of the order or judgment.

CRITICAL

Applies to

Petition

Before seeking an Emergency Custody Order, the petitioner must have the Petition reviewed by the appropriate CHFS Office and County Attorney, and a copy must be provided to the person seeking the order.

1. Persons seeking an Emergency Custody Order (ECO) shall first have the Petition reviewed by the appropriate Cabinet for Health and Families Services (CHFS) Office and the appropriate County Attorney to assess the sufficiency of the allegations in conformity with the 12" Judicial Family Court Rule 603 below. A copy shall also be provided to the person seeking the ECO.

CRITICAL

Applies to

Entry of appearance

Upon being retained, counsel must file a written entry of appearance unless the appearance is apparent from filed pleadings.

Entry of Appearance: In all cases, upon being retained, counsel shall file a written entry of appearance, unless counsel's entry of appearance is apparent from pleadings filed.

CRITICAL

Applies to

Written instructions

Written instructions reflecting the parties’ then-current understanding of the issues and law must be submitted by the Pre-Trial Conference, without prejudice to later further instructions.

At or before the Pre-Trial Conference, submit written instructions incorporating the parties' then understanding of the issues and the law, without prejudice to the right to present further instruction as may be indicated by subsequent proceedings;

CRITICAL

Applies to

Agreement or agreed order

Agreements and Agreed Orders must contain the attorneys’ correct mailing and email addresses.

All Agreements and Agreed Orders shall contain the correct mailing addresses and e-mail addresses for the attorneys.

CRITICAL

Applies to

Affidavit for costs and attorneys fees

Petitioners must file a signed affidavit for costs and attorney’s fees, which is subject to Court approval.

An affidavit for costs and attorney's fees, signed by the Petitioner(s) must be filed with the Court, and are subject to approval by the Court.