Henry County Circuit Court, Kentucky Document Filing Requirements

CRITICAL

Applies to

Expense submission

Must include

proposed order

Prospective adoptive parents must submit expenses by signed affidavit or verified motion, together with a tendered order approving the expenses.

Any expenses paid by the prospective adoptive parents) shall be submitted to the Court by affidavit or verified motion, signed by prospective adoptive parents) along with a tendered order approving expenses.

CRITICALCivil cases

Applies to

Mediation agreement

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

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

CRITICAL

Applies to

Motion

A motion must include an Affidavit of Military Service for each constructively served defendant.

(b) Plaintiff's Counsel shall file with the Motion an Affidavit of Military Service for each constructively served Defendant.

CRITICAL

Applies to

Amended complaint

If an appraisal report or other information reveals an unmentioned mobile home, the Master Commissioner must notify the plaintiff or moving party and halt the sale until an amended complaint or further court order addresses the issue.

(c) In the event the "appraisal" report indicates the presence of a mobile home not mentioned in the Complaint, or the matter comes to the attention of the Master Commissioner, the Master Commissioner shall notify the Plaintiff or other party moving for sale and shall not proceed with the sale until the issue has been addressed by Amended Complaint or further Order of the Court.

CRITICAL

Applies to

Motion

A motion must be accompanied by notice of the hearing date and the date opposing counsel was notified, or it will be summarily overruled absent good cause.

Any motion not accompanied by notice of the date for the hearing and date of notice to opposing counsel shall be summarily overruled except for good cause shown.

CRITICAL

Applies to

Motion

A motion must be accompanied by notice of its hearing date or it will be summarily overruled, unless good cause is shown.

Any motion not accompanied by notice of date for hearing shall be summarily overruled except for good cause shown.

CRITICAL

Applies to

Original emergency custody order

CHFS will file the original order with the 12" Judicial Family Court Clerk's Office on the

CHFS will file the original order with the 12" Judicial Family Court Clerk's Office on the

CRITICAL

Applies to

Appraisal

An appraisal is valid for six months, after which a new appraisal must be conducted.

All appraisals are valid for six months, afterward, a new appraisal must be conducted.

CRITICAL

Applies to

Shock probation motion

Counsel making a Motion for Shock Probation must file and notice the matter for a Motion Docket pursuant to KRS 439.265.

Counsel for a defendant making a Motion for Shock Probation shall file and notice the matter for a Motion Docket pursuant to KRS 439.265.

CRITICAL

Applies to

Motion for default judgment

Motions for Default Judgment must include Military Affidavits with affirmative statements about military service that comply with the Service Members' Civil Relief Act.

(a) Affirmative statements as to military service which complies with the Service Members' Civil Relief Act, 50 U.S.C. App 501, et seq. are required as Military Affidavits in Motions for Default Judgment.

CRITICAL

Applies to

Motion

Plaintiff’s counsel must file an affidavit with the motion stating that a title search was conducted before the foreclosure action was filed.

Plaintiff's Counsel shall file with the Motion an Affidavit that a Title Search has been conducted prior to filing any action for foreclosure.

CRITICAL

Applies to

Family court case data sheet

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

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

CRITICAL

Applies to

Final verified disclosure statement

Final Verified Disclosure Statements must be filed in the record without attachments.

Final Verified Disclosure Statements shall be filed in the record without attachments.

CRITICAL

Applies to

Motion for appointment of guardian ad litem

Must include

proposed order

In a termination of parental rights action requiring a guardian ad litem, a self-represented party or counsel must move for appointment and tender an order for the child’s guardian ad litem.

In all actions for Termination of Parental Rights that require the appointment of a guardian ad litem, a party pro se or counsel shall make a motion and tender an order for appointment of a guardian ad litem for the child(ren).

CRITICAL

Applies to

Dissolution petition

A dissolution petition must be filed with a Case Data Information Sheet and a Vital Statistics VS-300 form.

A Case Data Information Sheet, Form AOC-FC-3, and a Vital Statistics VS-300 form shall be filed with any dissolution petition.

CRITICAL

Applies to

Pre trial memorandum

A pre-trial memorandum must be submitted.

Petitioner's OR Respondent's (check one) Pre-trial Memorandum (to be submitted 14 days prior to trial date)

CRITICAL

Applies to

Writ of possession

If the property is occupied when the deed issues, the buyer must obtain a writ of possession; the judgment itself does not grant possession.

Should the property be occupied at the time a Deed is issued, Buyer must obtain a writ of possession to set out the occupants; no judgment shall automatically result in possession.

CRITICAL

Applies to

Appearance waiver or agreement

Unrepresented parties must sign and acknowledge Appearances, Waivers, and Agreements before a notary or deputy clerk.

Unrepresented parties must sign and acknowledge Appearances, Waivers, and Agreements before a notary or deputy clerk.

CRITICAL

Applies to

Motion for proposed order of distribution

The party that sought judgment and an order of sale must prepare motions for proposed Orders of Distribution.

All motions for proposed "Orders of Distribution" shall be prepared by the party who sought judgment and order of sale.

CRITICAL

Applies to

Paternity agreement request

A party seeking approval of an agreement establishing paternity for someone outside the marriage must submit a Three-Way Paternity Affidavit Form (VS-8C).

In the event that a party to a dissolution action requests that the Court approve an agreement to establish paternity for a person outside the marriage, the party shall submit a Three-Way Paternity Affidavit Form (VS-8C), which may be obtained from the Office of Vital Statistics (https://www.chfs.ky.gov/agencies/dph/dehp/vsb/pages/default.aspx).

CRITICAL

Applies to

Emergency custody order request

An emergency custody order request must be written and accompanied at filing by an affidavit containing the AOC-DNA-2.1 contents and alleging dependency, abuse, or neglect; the official form may be used.

A. Any request for an emergency custody order in a dependency, neglect and abuse case shall be in writing and shall be accompanied by an affidavit for emergency custody order which contains the contents of the official AOC form, AOC-DNA-2.1 (Affidavit for Emergency Custody Order), and which alleges dependency, or abuse or neglect. The affidavit shall be presented to the judge with any other documentation presented at the time of the filing of the request. The official AOC form may be utilized for compliance with this rule.

CRITICAL

Applies to

Pleading

All pleadings must provide the personal identifying information required by KRS Chapters 205, 403, 406, and 407.

In addition, 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

Complaint

If the mobile home has been converted to real estate under KRS 186A.297, a file-stamped copy of the Affidavit of Conversion with recording information must be attached to the Complaint.

If the mobile home has been converted to real estate pursuant to KRS 186A.297, a file stamped copy of the Affidavit of Conversion with recording information shall be attached to the Complaint.

CRITICAL

Applies to

Proof of training

Court-appointed counsel must provide the Court proof of required training to remain eligible for appointments.

Court-appointed counsel shall provide proof that he or she has completed the required training to the Court to remain eligible for appointments.

WARNING

Applies to

Adoption petition

An adoption petition must be filed pursuant to KRS Chapter 199.

The Petition shall be filed pursuant to KRS Chapter 199, and, in accordance with FCRPP 30 and 31, a guardian ad litem (GAL) shall be appointed for the child(ren) unless the provisions of KRS 199.480(3) are met.

WARNING

Applies to

Trial brief

The Court may require each party to submit a trial brief summarizing the facts and law on which it relies, and may set a filing time.

In the Pretrial Order, the Court may require each party to submit a trial brief consisting of a short memorandum of the party's view of the fact and law on which it will rely and may fix a time for filing such briefs.

WARNING

Applies to

Distribution request

After entry of the appropriate judgment, subsequent lien holders are responsible for requesting any remaining funds to which they may be entitled.

All subsequent lien holders have the responsibility of requesting distribution of any remaining funds they may be entitled to, after entry of appropriate judgment.

WARNING

Applies to

Witness and exhibit lists

Witnesses and exhibits not identified at least fourteen days before trial will not be permitted unless good cause is shown.

4. Witnesses or Exhibits not identified at least fourteen (14) days in advance of the trial shall not be permitted at trial except upon good cause shown.

WARNING

Applies to

Entry and appearance

An Entry and Appearance must not be signed before a petition is filed.

No Entry and Appearance shall be signed prior to filing of a petition.

WARNING

Applies to

Deed

The deed must be delivered according to Part IV of the Kentucky Supreme Court's Rules of Administrative Procedure.

The Deed shall be delivered according to Part IV of the Rules of Administrative Procedure of the Kentucky Supreme Court.

WARNING

Applies to

Pretrial memorandum

Issues omitted from the pretrial memorandum will not be heard unless good cause is shown.

3. Issues not identified in the Pretrial Memorandum shall not be heard except upon good cause shown.

WARNING

Applies to

Deposition record

The attorney who noticed a deposition must keep custody of the original deposition record and video recording and present them when directed by the Court or a party to the proceedings.

The attorney who noticed the taking of a deposition shall be custodian of the record for the original deposition (and video recording) and shall present it when directed by the Court or any party involved in the proceedings.

WARNINGCivil cases

Applies to

Mediation agreement

The parties are responsible for drafting the agreement; the mediator may assist if the parties consent.

The parties shall be responsible for the drafting of the agreement, although the mediator may assist in the drafting of the agreement with the consent ofthe parties,

WARNING

Applies to

Discovery

Discovery must not be filed in the record when requested or answered, but may be attached to a motion to compel or for another purpose.

Discovery shall not be filed in the record at the time of request or upon being answered. This rule does not prohibit a party from attaching discovery to a motion to compel or some other purpose.

WARNING

Applies to

Proof affidavit or interrogatories

In dissolution matters involving minor children, the Proof affidavit or interrogatories must not be signed until 60 days have expired from service or the Respondent’s entry of appearance.

The Proof affidavit or interrogatories shall not be signed prior to the expiration of 60 days from the date of service or entry of appearance by the Respondent in Dissolution matters where there are minor children.

WARNING

Applies to

Adoption petition

Every petition for adoption shall comply with the requirements for adoption cases as set out in KRS 199.470, 490

Every petition for adoption shall comply with the requirements for adoption cases as set out in KRS 199.470, 490

WARNING

Applies to

Termination of parental rights petition

A petition to terminate parental rights must comply with the requirements set out in KRS 625.020 et seq.

every petition for termination of parental rights shall comply with the requirements for termination of parental rights cases as set out in KRS 625.020 et seq.

INFO

Applies to

Motion to withdraw

For good cause, the Court may allow an oral motion to withdraw if the litigant's interests will not be adversely affected.

For good cause shown, the Court may permit oral motions to withdraw so long as the interests of the litigant are not adversely affected.

INFO

Applies to

Paternity case file access

Attorneys and Guardian ad Litems representing an incarcerated party may access the paternity file without a Court Order.

C. Attorneys and Guardian ad Litems representing an incarcerated party in a paternity action are not subject to this provision and shall have access to these Court files without a Court Order.

INFO

A motion accompanied by an Agreed Order, or a default-judgment motion when no party is entitled to notice, may be filed with the Clerk and sent directly to the presiding judge for signature without a Motion Docket appearance.

Agreed Orders, Prisoner cases, and Default Judgments: Any motion accompanied by an Agreed Order and any motion for a default judgment (if no party is entitled to notice) may be filed with the Clerk and sent directly to the presiding judge for signature. An appearance on Motion Docket is not required.

INFO

Applies to

Preliminary verified disclosure statement

Preliminary Verified Disclosure Statements may be filed without attachments unless the Court orders otherwise.

Preliminary Verified Disclosure Statements, to be completed pursuant to the FCRPP, may be filed in the record without attachments unless otherwise ordered by the Court.

INFOCivil cases

Applies to

Mediator report

With the parties’ consent, the mediator may identify matters whose resolution or completion could facilitate settlement.

With the consent of the parties, the mediator may also identify those matters which, if resolved or completed, would facilitate the possibility ofa settlement .

INFO

Applies to

Order or judgment

At the Court’s request, counsel in whose favor an order or judgment is rendered may prepare it.

All orders and judgments of the Court may, at the request of the Court, be prepared by counsel in whose favor the order or judgment is rendered.

INFO

Applies to

AOC Form 280

When an action is submitted for final adjudication, counsel or unrepresented parties may file an AOC Form 280 with the Judge, Circuit Court Clerk, and Administrative Office of the Courts.

In accordance with SCR 1.050(8), when any action stands submitted for final adjudication, counsel or unrepresented parties may file an AOC Form 280 with the Judge, Circuit Court Clerk, and the Administrative Office of the Courts.