Hopkins Circuit Court Document Filing Requirements

CRITICAL

Applies to

Proposed jury instructions

In jury cases, counsel must deliver proposed jury instructions to the Court at the pretrial conference.

At the pretrial conference counsel shall deliver to the Court and to opposing counsel proposed jury instructions in jury cases;

CRITICAL

Applies to

Settlement agreement

A fully completed AOC-152 uniform child support order with all identifiers must be tendered when the agreement is filed, even if support enforcement is waived.

A FULLY completed uniform child support order with all identifiers (AOC-152) shall be tendered at the time the agreement is filed, even in those cases where enforcement of the support obligation is waived.

CRITICAL

Applies to

Motion or commissioner report exception or objection

When served, motions other than those included in an Answer, and exceptions or objections to a commissioner’s report or opinion, must include notice of a specific hearing date; without it, the filing may be treated as if no motion was filed.

All motions, except those included in the Answer, and all exceptions or objections taken to any commissioner's report or opinion, when served on the adverse party, shall be accompanied by a notice setting a certain date on which said motion shall be heard. Any such motion or exception or objection not accompanied by a notice of the date for the hearing of said motion may be treated as if no motion had been filed.

CRITICAL

Applies to

Case management conference materials

Parties and attorneys must provide documentation requested by the Staff Attorney and be prepared to identify witnesses, documents, and exhibits; they should arrive as if prepared for trial.

Pursuant to FCRPP 3(4), the parties and their attorneys shall provide all documentation requested by the Staff Attorney and shall be prepared to identify witnesses, documents, and exhibits. (In short, parties and attorneys should arrive as if prepared for trial.)

CRITICAL

Applies to

Roster addition or deletion request

Should an attorney wish to be placed or deleted from the roster to serve he or she shall make written request to the Clerk.

Should an attorney wish to be placed or deleted from the roster to serve he or she shall make written request to the Clerk.

CRITICAL

Applies to

Motion for entry of decree or order

The motion must include a uniform child support order if minor children are involved and no such order has previously been entered.

and a uniform child support order (if minor children are involved and if an order has not previously been entered).

CRITICAL

Applies to

Settlement agreement

An agreement waiving child-support enforcement or deviating from the guidelines must state that the parties acknowledge the guideline amount and voluntarily agree to the waiver or deviation with that knowledge.

If the parties wish to waive enforcement of the child support the parties acknowledge the Guideline amount and that, with such knowledge, they Court or to deviate from the Guideline amount and set child support at the amount to voluntarily agree to either waive enforcement of the obligation until further orders of the which they have agreed

CRITICAL

Applies to

Notice

and file a notice vacating the hearing date with the Circuit Clerk.

and file a notice vacating the hearing date with the Circuit Clerk.

CRITICAL

Applies to

Discovery motion

A discovery motion must include a copy of or a reference to the disputed discovery requests.

The motion must include either a copy of or a reference to the discovery requests in dispute.

CRITICAL

Applies to

Signed order or judgment

A signed order or judgment must be delivered to the Clerk for entry.

Once signed by the Judge, the order or judgment shall be delivered to the Clerk for entry.

CRITICAL

Applies to

Certificate

A litigant ordered to participate in a program must obtain and submit a certificate or verification of completion or compliance.

The litigant ordered to participate in the program shall obtain and tender a certificate or verification of completion or compliance.

CRITICAL

Applies to

Notice

The notice must state that the motion is submitted under CR 78 and the local rule and may be routinely granted in the described manner.

The notice shall specify that the motion may be routinely granted in this manner and shall provide notice that the motion is made pursuant to CR 78 and this local rule.

CRITICAL

Applies to

Protective order petition

Completed and signed protective-order petitions under KRS Chapters 403 and 456 must be accepted and filed with the court.

All petitions requested, completed, and signed by persons seeking protection under KRS Chapters 403 and 456 shall utilize AOC Form 275.1 and shall be accepted and filed with the court.

CRITICAL

Applies to

Motion for entry of decree or order

A motion for entry of a decree or final order must include a proposed decree adopting any applicable settlement agreement or Court order.

The motion shall be accompanied by a proposed decree, adopting any settlement agreement or order of the Court if applicable

CRITICAL

Applies to

Subsequently filed paper

Must include

caption, case number

Subsequently filed pleadings, motions, orders, and other papers must state the case number and the applicable criminal or civil division in the caption.

Pleadings, motions, orders and other papers subsequently filed in the case shall contain in the caption the case number and the criminal or civil division in which they are filed.

CRITICAL

Applies to

Waiver motion

A party seeking a waiver must file a motion with an affidavit stating the basis for the request.

Either party may seek a waiver from the Court upon filing of a motion together with an affidavit setting forth the basis for the request.

CRITICALCriminal cases

Applies to

Written recommendation

When recommending diversion, the Commonwealth must submit written recommendations addressing 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 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).

CRITICALCriminal cases

Applies to

Presentence investigation report

If revocation is ordered, the court must order a full presentence investigation.

If revocation is ordered, a full PSI must be ordered

CRITICAL

Applies to

Orders decrees judgments pleadings and motions

Orders, decrees, judgments, pleadings, and motions must bear the specified court heading.

B. All such orders, decrees and judgments, as well as all pleading and motions, shall bear a heading as follows: COMMONWEALTH OF KENTUCKY HOPKINS CIRCUIT COURT, DIV. 1 MADISONVILLE, KENTUCKY 42431 CIVIL ACTION NO.

CRITICAL

Applies to

Protective order petition

The reviewing judge must indicate in the petition’s “Court Action” section whether the action 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 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.

CRITICALCriminal cases

Applies to

Order of pretrial diversion

The diversion order must address restitution, supervision and any applicable fees, duration, compliance with Probation and Parole rules, and the stated conduct conditions.

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 the diversion. 4. Require defendant to obey all rules and regulations imposed by Probation & Parole. 5. As required by KRS 533 .030 (1) {conditions of probation-restitution}, direct the defendant not to commit any offense during the period of the 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

Motion for entry of decree or order

Certificates showing completion or enrollment in applicable court-ordered programs must be filed before or with the motion for entry of the decree or order.

Certificates of completion or enrollment in court-ordered counseling, treatment, education, or monitoring programs shall be filed prior to or with the motion for entry of the decree or order.

CRITICAL

Applies to

Pleading motion order or other paper

Must include

case number

The caption of each subsequently filed pleading, motion, order, or other paper must state the case number and the criminal or civil division.

Pleadings, motions, orders and other papers subsequently filed in the case shall contain in the caption the case number and the criminal or civil division in which they are filed.

CRITICAL

Applies to

Summons

When reassignment or transfer occurs and it is necessary, the issuing judge must reissue the summons with the receiving judge's reassigned court date.

If reassignment or transfer occurs, when necessary, the issuing judge shall re-issue a summons with the reassigned court date of the receiving judge

CRITICAL

Applies to

Order decree judgment

After a ruling, verdict, decree, or judgment, the successful party’s counsel must promptly prepare a conforming separate order, decree, or judgment, obtain the required “have seen” endorsements, note if the opposing party is unrepresented, and present it to the Court.

In all civil cases, whenever any ruling is made or verdict, decree or judgment rendered, an order, decree or judgment in conformity therewith shall be promptly prepared by counsel for the successful party as a separate instrument, shall be endorsed "have seen" by counsel for all parties thereto as being in conformity with the ruling, decree or judgment, and shall be presented to the Court. If the party against whom the order or judgment is endorsed is not represented by counsel, that fact shall be endorsed thereon.

CRITICAL

Applies to

Motion

The required notice accompanying a covered motion, exception, or objection must set a hearing date.

All motions, except those included in the Answer, and all exceptions or objections taken to any commissioner's report or opinion, when served on the adverse party, shall be accompanied by a notice setting a certain date on which said motion shall be heard.

CRITICAL

Applies to

Petition

A filed petition must be accompanied by the specified forms and any other documentation required by the applicable civil or family court rules.

The Petition, when filed, shall be accompanied by: * A completed Vital Statistics Form (in dissolution of marriage actions); * A completed Summons as required by statute and Kentucky Civil Rules; * Other documentation as may be required by the Kentucky Rules of Civil * A Case Data Form fully completed with identifiers (AOC-FC-3); and Procedure or the Kentucky Family Court Rules of Procedure and Practice.

CRITICAL

Applies to

Jury instructions

In jury cases, counsel must deliver proposed jury instructions to the Court and opposing counsel at the pretrial conference.

At the pretrial conference counsel shall deliver to the Court and to opposing counsel proposed jury instructions in jury cases;

CRITICAL

Applies to

Child support order

The movant must tender the AOC-152 child support order.

child support order (AOC-152) shall be tendered by the movant.

CRITICAL

Applies to

Cr 78 2 motion

The movant in his or her certificate of service or elsewhere in the motion shall state that the motion is made under CR 78(2) and shall direct the opposing attorney's attention to the fact that under this local rule the motion may be granted routinely by the Court ten days after filing unless an objection is received or a response is filed.

The movant in his or her certificate of service or elsewhere in the motion shall state that the motion is made under CR 78(2) and shall direct the opposing attorney's attention to the fact that under this local rule the motion may be granted routinely by the Court ten days after filing unless an objection is received or a response is filed.

CRITICAL

Applies to

Complaint or petition and case data form

Must include

case number

Each complaint or petition and case data form must disclose related cases and their case numbers and subject matters, or state that none exist.

the filed in Hopkins Family Court shall set forth whether there are existing cases related to The complaint or petition of each action, and the required case data form (FC-3) related action. If there are no other related actions, the petition or complaint and the case the action being filed and shall include the case number and the subject matter of the data form (FC-3) shall so state.

CRITICAL

Applies to

Trial brief

The order scheduling a final pretrial conference will require the parties to file trial briefs containing at least: 1) a succinct statement of the kind of action 2) a clear statement of the issues involved 3) a summary of the factual situation in regard to each claim or defense 4) an itemized list of the claimed special damages 5) a list of all exhibits and charts which may be used at trial 6) a list of names and addresses of all witnesses who may testify and a brief summary of their testimony; a list of all exhibits, documents, charts, etc., intended to be introduced as evidence at trial; and a list of all stipulations attorneys believe can be agreed upon prior to trial 7) a statement of the principles of law involved in the case, supported by the citation of the appropriate authority and 8) requests for instructions subject to right of counsel to supplement such as may be required during trial, in the event the case is to be tried by a jury.

The order scheduling a final pretrial conference will require the parties to file trial briefs containing at least: 1) a succinct statement of the kind of action 2) a clear statement of the issues involved 3) a summary of the factual situation in regard to each claim or defense 4) an itemized list of the claimed special damages 5) a list of all exhibits and charts which may be used at trial 6) a list of names and addresses of all witnesses who may testify and a brief summary of their testimony; a list of all exhibits, documents, charts, etc., intended to be introduced as evidence at trial; and a list of all stipulations attorneys believe can be agreed upon prior to trial 7) a statement of the principles of law involved in the case, supported by the citation of the appropriate authority and 8) requests for instructions subject to right of counsel to supplement such as may be required during trial, in the event the case is to be tried by a jury.

CRITICAL

Applies to

Motion

The movant in his or her certificate of service or elsewhere in the motion shall state that the motion is made under CR 78(2) and shall direct the opposing attorney's attention to the fact that under this local rule the motion may be granted routinely by the Court ten days after filing unless an objection is received or a response is filed.

The movant in his or her certificate of service or elsewhere in the motion shall state that the motion is made under CR 78(2) and shall direct the opposing attorney's attention to the fact that under this local rule the motion may be granted routinely by the Court ten days after filing unless an objection is received or a response is filed.

CRITICALCriminal cases

Applies to

Commonwealth written recommendation

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

C. The Commonwealth shall make a written recommendation to the Court in response to each application . KRS 533 .250 (2) .

CRITICAL

Applies to

Signed order or judgment

A signed order or judgment must be delivered to the Clerk for entry.

C. Once signed by the Judge, the order or judgment shall be delivered to the Clerk for entry.

CRITICAL

Applies to

Order decree or judgment

In civil cases, the conforming order, decree, or judgment must be promptly prepared as a separate instrument by counsel for the successful party, endorsed as stated, and presented to the Court; an unrepresented opposing party must be identified as such.

A. In all civil cases, whenever any ruling is made or verdict, decree or judgment rendered, an order, decree or judgment in conformity therewith shall be promptly "have seen" by counsel for all parties thereto as being in conformity with the ruling. prepared by counsel for the successful party as a separate instrument, shall be endorsed decree or judgment, and shall be presented to the Court. If the party against whom the order or judgment is endorsed is not represented by counsel, that fact shall be endorsed

CRITICAL

Applies to

Notice

For a motion submitted for routine decision, the notice must state that the Court may grant it without a hearing after ten calendar days if no response is filed.

the motion is be routinely granted without hearing by the Court, upon the expiration of ten (10) calendar days if no response is filed.

CRITICAL

Applies to

Trial brief

The final-pretrial-conference order will require parties to file trial briefs containing the listed case, issues, facts, damages, evidence, witness, stipulation, legal-authority, and—if applicable—instruction information.

The order scheduling a final pretrial conference will require the parties to file trial briefs containing at least: 1) a succinct statement of the kind of action 2) a clear statement of the issues involved 3) a summary of the factual situation in regard to each claim or defense 4) an itemized list of the claimed special damages 5) a list of all exhibits and charts which may be used at trial 6) a list of names and addresses of all witnesses who may testify and a brief summary of their testimony; a list of all exhibits, documents, charts, etc., intended to be introduced as evidence at trial; and a list of all stipulations attorneys believe can be agreed upon prior to trial 7) a statement of the principles of law involved in the case, supported by the citation of the appropriate authority and 8) requests for instructions subject to right of counsel to supplement such as may be required during trial, in the event the case is to be tried by a jury.

CRITICAL

Applies to

Settlement agreement

A completed child support worksheet must be attached to the settlement agreement.

Child support obligations shall be computed pursuant to the Kentucky Child Support Guidelines (KRS 403.212) and a completed child support worksheet shall be attached to the agreement.

CRITICAL

Applies to

Proposed judgment of adoption

The proposed Judgment of Adoption must be tendered to the Court when the adoption petition hearing notice is filed.

The proposed Judgment of Adoption shall be tendered to the Court at the time the notice of hearing on the adoption petition is filed.

CRITICAL

Applies to

Motion and notice

Must include

certificate of service

Each motion and notice must include a certificate of service identifying the recipient, delivery method, and delivery or transmission date.

Each motion and notice shall contain a certificate of service setting forth the party or attorney to whom the photocopy was delivered, the method(s) of delivery, and the date that the photocopy was delivered or transmitted.

CRITICAL

Applies to

Order continuing motion hearing

Where appropriate, the movant must prepare an order continuing the motion hearing and file it with the Clerk after the Judge executes it.

An Order continuing the hearing of a motion to a later date shall be prepared. where appropriate, by the movant and filed with the Clerk after execution by the Judge, so that the motion may be docketed for the date to which continued.

CRITICAL

Applies to

Notice of hearing

After obtaining the hearing date and time, Petitioner's counsel must file a Notice of Hearing with the Circuit Clerk and give statutory notice to all interested parties, including all Guardians ad Litem.

Upon obtaining the date and time for the hearing the Petitioner's attorney shall file a Notice of Hearing with the Circuit Clerk, giving notice to all parties in interest, including all Guardians ad Litem, in compliance with the notice requirements of the statute.

CRITICALCriminal cases

Applies to

Pretrial diversion application

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

B . 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 ofthe charge against him/her is waived.

CRITICAL

Applies to

Discovery motion

A discovery motion must include a counsel certificate documenting the required conference and unsuccessful efforts to resolve the dispute.

No motion pertaining to discovery shall be filed or heard unless there is appended to or included in such motion a certificate of counsel that s/he has conferred with opposing counsel, that the parties are unable to reconcile their differences on the matter, and that all extrajudicial means have been exhausted in an effort to reconcile their differences.

CRITICAL

Applies to

Continuance order

Where appropriate, the movant must prepare an order continuing a motion hearing and file it with the Clerk after the Judge executes it so the motion can be docketed for the new date.

An Order continuing the hearing of a motion to a later date shall be prepared, where appropriate, by the movant and filed with the Clerk after execution by the Judge, so that the motion may be docketed for the date to which continued.

CRITICAL

Applies to

Motion

Each motion must contain notice of the hearing date and time.

All motions must be legible and shall contain a notice of hearing date and time.

CRITICAL

Applies to

Orders decrees judgments pleadings motions

Must include

caption

Orders, decrees, judgments, pleadings, and motions must bear the specified heading.

All such orders, decrees and judgments, as well as all pleading and motions, shall bear a heading as follows: COMMONWEALTH OF KENTUCKY HOPKINS CIRCUIT COURT, DIV. 1 MADISONVILLE, KENTUCKY 42431 CIVIL ACTION NO.

WARNING

Applies to

Response

An opposing party who wants an oral hearing on a CR 78(2) motion may state that request in the response and must proceed to have the motion set on the motion docket under Rule C(2).

Should the party opposing the motion under Rule CR 78(2) wish to have an oral hearing on the question he or she may file in his or her response so state, and shall proceed to have the motion set on the motion docket pursuant to Rule C(2).

WARNING

Applies to

Case record

Documentation showing the case number must be attached to the case record.

Documentation showing the case number shall be attached to the record of the case.