Hickman County Circuit Court, Kentucky Document Filing Requirements

CRITICALCriminal cases

In applying for diversion, counsel must state and the defendant must agree on the record that a grant of diversion waives any right to a speedy trial or disposition of the charge.

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

Written recommendation

If diversion is recommended, the Commonwealth must submit written recommendations on 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 .

CRITICALCriminal cases

Applies to

Application

When applying for pretrial diversion, defense counsel must state, and the defendant must agree on the record, to waive any right to a speedy trial or disposition 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 .

CRITICAL

Applies to

Order or judgment

When a rule is made or opinion rendered, counsel for the parties must tender a conforming order or judgment and present it to the Court.

Whenever any rule is made or opinion rendered, an order or judgment in conformity therewith shall be tendered by counsel for all parties thereto in conformity to the ruling or opinion and shall be presented to the Court.

CRITICAL

Applies to

Opposition

A party properly served with a supported motion must file a response stating its grounds for opposition and citing supporting authorities.

Any party properly served with a motion accompanied by a statement of grounds and authorities shall file a response containing a statement of grounds for opposing the motion with citation of supporting authorities.

CRITICALCriminal cases

Applies to

Order of diversion

The diversion order must include the listed terms and conditions, including restitution, supervision details, duration, and specified defendant obligations.

The Order of Diversion shall include : 1. Restitution, if applicable . 2. Whether the diversion shall be supervised or unsupervised and include supervision fees, if applicable . 3. Duration of diversion . 4 . Defendant must obey all rules, regulations and conditions imposed by this Court and Probation and Parole . 5. Require the defendant to remain drug and alcohol free and is subject to random testing at his expense by any Probation or Parole Officer . 6. That the defendant will commit no violations of the Kentucky Penal Code or Controlled Substance Act . 7. That the defendant possess no firearm of any type during the pendency of this Order . 8. Any other provisions normally used in Probation Orders by this Court .

CRITICAL

Applies to

Order

Must include

certificate of service

Every civil, criminal, and domestic order to be entered must contain the Clerk's certification of service for all parties.

All civil, criminal, and domestic orders to be entered by the Court shall contain a Clerk's certification of service for all parties.

CRITICAL

Applies to

Motion for interlocutory decree or uncontested final decree

Motions for Interlocutory Decrees and uncontested final Decrees must include proposed Findings of Fact, Conclusions of Law, and a proposed Decree.

Motions for Interlocutory Decrees, and motions for uncontested final Decrees shall be accompanied by proposed Findings of Fact, Conclusions of Law, and a proposed Decree

CRITICAL

Applies to

Separate notice

Upon filing a marriage dissolution action, the petitioner's attorney or unrepresented petitioner must file a separate notice identifying any minor child born or adopted during the marriage who is 6–17 years old.

The Attorney for Petitioner or any unrepresented petitioner shall be required upon filing a marriage dissolution action to file a separate notice to the Court advising the Court that there is a minor child or children born or adopted during the marriage who are 6-17 years of age.

CRITICAL

Applies to

Motion to set adoption or termination

Any motion to set an adoption or termination must be tendered with proposed Findings of Fact, Conclusions of Law, and Judgment.

Proposed Findings of Fact, Conclusions of Law, and Judgment, shall be tendered with any motion to set an adoption or termination.

CRITICALCriminal cases

Applies to

Written recommendation

The Commonwealth must submit a written recommendation to the Court for each application.

The Commonwealth shall make a written recommendation to the Court in response to each application .

CRITICALCriminal cases

Applies to

Commonwealth recommendation

When recommending diversion, the Commonwealth must submit written recommendations on 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 .252 (3) .

CRITICAL

Applies to

Case management conference motion

In a domestic case with unresolved issues, petitioner’s attorney or the self-represented petitioner must file a motion requesting a Case Management Conference under FCRPP 2.

For all domestic cases with unresolved issues, the attorney for petitioner, or petitioner if pro se, shall file a motion requesting a Case Management Conference pursuant to FCRPP 2.

CRITICAL

Applies to

Motion

Each motion must include a Notice specifying the hearing date, time, and place.

Each motion shall contain a Notice, which shall specify the date, time, and place for the hearing.

CRITICALCriminal cases

Applies to

Order of diversion

An Order of Diversion must include the listed restitution, supervision, duration, conduct, testing, and other specified provisions.

The Order of Diversion shall include : 1. Restitution, if applicable . 2. Whether the diversion shall be supervised or unsupervised and include supervision fees, if applicable . 3. Duration of diversion . 4 . Defendant must obey all rules, regulations and conditions imposed by this Court and Probation and Parole . 5. Require the defendant to remain drug and alcohol free and is subject to random testing at his expense by any Probation or Parole Officer . 6. That the defendant will commit no violations of the Kentucky Penal Code or Controlled Substance Act . 7. That the defendant possess no firearm of any type during the pendency of this Order . 8. Any other provisions normally used in Probation Orders by this Court .

CRITICAL

Applies to

Pleading

A pleading that refers to an exhibit as attached must be accompanied by that exhibit.

Any pleading that refers to an exhibit as attached to the pleading shall, in fact, be accompanied by such exhibit,

CRITICAL

Applies to

Merits motion

A motion going to the merits must include a brief statement of its grounds and citations to supporting authorities.

All motions going to the merits of the case, including motion to dismiss, motion for summary judgment, motion to strike, and motion under CR 12.02, shall be accompanied by a brief statement of the grounds for the motion with citation of authorities relied upon.

CRITICALCriminal cases

Applies to

Commonwealth recommendation

The Commonwealth must submit a written recommendation to the Court for each application.

The Commonwealth shall make a written recommendation to the Court in response to each application .

CRITICAL

Applies to

Answer to interrogatories or requests for admission

Answers to interrogatories or requests for admission must place the corresponding question or request immediately before each answer.

B. When answering interrogatories or request for admissions, the replying party shall, as a part of his answer, set forth immediately preceding the answer the questions or the request made with respect to which such answer is given.

CRITICAL

Applies to

Pleading

Pleadings must provide the personal identifying information required by the cited KRS chapters.

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 or judgment

The order or judgment must state if the affected party lacks counsel or that party’s counsel declines to attest it.

If the party against whom the order or judgment is to be entered is not represented by counsel; or be represented by counsel who declines to attest the order or judgment, such fact shall be endorsed thereon.

CRITICAL

Applies to

Motion to set trial date

A Report of Settlement Conference identifying all contested and settled issues must be filed with the motion to set a trial date.

In all contested domestic actions, prior to filing a motion for the court to set a trial date, the parties shall attend a settlement conference, either in person or by telephone, at which all contested issues shall be identified, and a Report of Settlement Conference, identifying all contested and settled issues shall be filed with the Motion.

CRITICAL

Applies to

Motion

Must include

proposed order

A motion must be accompanied by a separate proposed order to be accepted for filing.

No motion shall be accepted for filing by the Clerk unless accompanied by a separate proposed order.

CRITICAL

Applies to

Certificate of attendance

Parties seeking dissolution must file with the Clerk a trainer-issued certificate of attendance as evidence that they and their subject children attended the training.

Parties seeking a dissolution must submit evidence to the Court that they and their subject children have attended this Families in Transition training by filing with the Clerk a certificate of attendance given by the trainer.

WARNING

Applies to

Status quo order

A completed Status Quo Order may be filed with the dissolution petition, but must be presented at the initial court appearance or upon proper motion.

A completed AOC-237, Status Quo Order, may be filed at the time the petition for dissolution is filed, and shall be presented at the initial court appearance or upon proper motion.