Jackson County Circuit Court, Kentucky Document Filing Requirements

CRITICAL

Applies to

Pleading and legal paper

Must include

caption

All pleadings and legal papers must include the specified court heading, with the division and case-number format as applicable.

1. The heading of all pleadings and legal papers in all civil and criminal case shall be styled at the beginning and center of the first page as follows : "COMMONWEALTH OF KENTUCKY # JUDICIAL CIRCUIT COUNTY CIRCUIT COURT DIVISION # (WHERE APPLICABLE) CIVIL ACTION NO. OR INDICTMENT 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 or 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

Written recommendation

When recommending diversion, the Commonwealth must give the court written recommendations about the diversion conditions and the appropriate sentence if the agreement is unsuccessful.

3. 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

Default judgment motion

Default-judgment motions must be submitted ex parte and must not be scheduled on Motion Day dockets.

All such motions shall be submitted ex parte and shall not be scheduled on Motion Day dockets.

CRITICAL

Applies to

Protective order petition

Protective-order petitions under KRS Chapter 403 or 456 must use form AOC-275.1 and be accepted and filed with the court.

All petitions requested, completed and signed by persons seeking protection under KRS Chapter 403 or KRS Chapter 456 shall be made on form AOC-275.1, and shall be accepted and filed with the court. KRS 403.725, KRS 456.030.

CRITICAL

Applies to

Proposed instructions

Unless the Court specifically orders otherwise, parties must prepare proposed instructions for the court and opposing counsel before the case is placed on a jury docket and, in all cases, before the pre-trial conference.

Except in cases specifically ordered by the Court, before a case is placed on a jury docket, and in all cases before an action is heard at the pre-trial conference, the parties shall comply with the following: c. Prepare proposed instructions to be tendered to the court and opposing counsel, subject to revision;

CRITICAL

Applies to

Affidavit

For a maintenance or child-support matter, a comprehensive affidavit must accompany the motion, state its factual basis and requested amounts or other relief, and be served on the respondent in the manner provided by KRS 403.160.

The court shall not hear any matters for maintenance or child support in the absence of service on a respondent of a comprehensive affidavit accompanying the motion for same in the manner pursuant to KRS 403 .160, which clearly sets forth the factual basis for the motion and the amounts or other relief required.

CRITICALCriminal cases

Applies to

Order of pretrial diversion

The diversion order must address restitution when applicable, supervision and applicable fees, duration, compliance with Probation and Parole rules, and the specified offense and other conditions.

B. The Order of Diversion shall include: 1. Restitution, if applicable, where victim has suffered monetary damage. KRS 533 .254 2. Whether the diversion shall be supervised or unsupervised (and include supervision fees, if applicable) . KRS 533 .250 (3). 3. Duration of the diversion . 4. Require defendant to obey all rules and regulations imposed by Probation and 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 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

Proposed findings

Proposed findings accompanying a summary judgment motion must specifically state the material facts the moving party contends are not genuinely disputed.

Such proposed findings shall specifically -state the z material facts as to which the moving party contends there is no genuine issue.

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.

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

Every order must contain a Distribution list.

All Orders shall contain a Distribution list as set out in the following example :

CRITICAL

Applies to

Default judgment motion

A party seeking default judgment under the specified Kentucky Rules of Civil Procedure must first file a written motion.

A party seeking a judgment by default where Rules 55 .01, 4.01, or 6 .03 of the Kentucky Rules of Civil Procedure apply shall first file a written motion for such a judgment.

CRITICAL

Applies to

Petition for protective order

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.

B. The judge reviewing a petition for an order of protection shall indicate in the ¿'Court Actioni 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

Action for final decree

Actions for final decrees must include the parties’ testimonies to prove residency.

All actions for final decrees shall include the testimonies of the parties to prove residency.

CRITICAL

Applies to

Discovery responses

Discovery answers and objections must identify and quote each interrogatory in full immediately before the corresponding answer or objection.

Answers and objections to interrogatories, requests for admission or other similar discovery procedures, shall identify and quote each interrogatory in full immediately preceding the statement of any answer or objection thereto.

CRITICAL

Applies to

Attorney signed pleading or paper

Pleadings and papers requiring an attorney’s signature must state the attorney’s typed name, complete address, and telephone number on the last page.

All pleading and papers requiring the signature of an attorney shall set forth on the last page thereof the typed name and complete address of the attorney including telephone number as in the following example :

CRITICALCriminal cases

Applies to

Written recommendation

The Commonwealth must make a written recommendation to the court in response to each application.

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

CRITICALCriminal cases

Applies to

Order of pretrial diversion

The diversion order must include the listed drug and alcohol, offense, and firearm or deadly-weapon conditions.

C. The Order of Diversion shall include : 1. That the defendant 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 defendant possess no firearm or any other deadly weapon or be in a household where a firearm or other deadly weapon may be located ..

CRITICAL

Applies to

Case submitted on depositions

Cases submitted on depositions, except uncontested divorces, must be accompanied by memorandum briefs and proposed findings of fact, conclusions of law, and judgment.

All cases submitted on depositions other than uncontested divorces, shall be accompanied by memorandum briefs and proposed findings of fact, conclusions of law, and judgment.

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.

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

Notice or motion

Must include

certificate of service

The certificate of service must state that the required copy of a Motion Day notice or motion was served on the court.

A copy of all notices and motions for Motion Day shall also be served upon the court, as called for by the case, and such service shall also appear in the certificate of service.

INFO

Applies to

Itemized schedule

In a contested dissolution, an attorney may, at the Court’s discretion, file and furnish an itemized schedule covering the listed property, employment, income, tax, and other relevant information.

In every contested dissolution, each attorney may, at the discretion of the Court, file in the case and furnish to the Court and opposing counsel, an itemized schedule setting forth the following: a. Marital property of the parties and in whose name it is held, and the value thereof, including: 1 . Real estate 2. Personal property, including cash, bank accounts, etc . ; b. Employment status; c. Income, periodic and from all sources, and supporting proof thereof from employer, including wage statements, etc.; d. Copy of tax return for preceding year; e. List of property, real and personal, claimed non-marital, and the basis of the claim; f. Any other information the parties may believe will assist in making property disposition and fixing award for maintenance and support, where applicable.

INFO

Applies to

Proposed order

A proposed order may be submitted with a motion; if submitted, it must be typed separately on plain, letter-size paper and accompany the court’s copy of the motion or be presented at the hearing.

Orders may be submitted to the court as to any motion, and if so shall be typed separately on plain, letter-size paper and shall accompany the copy of the motion served on the court or be presented to the court at the hearing of the motion.

INFO

Applies to

Summary judgment motion

With a CR 56 summary judgment motion, a party may serve and file proposed findings of fact and conclusions of law and a proposed judgment.

There may be served and filed with each motion for summary judgment filed pursuant to CR 56, proposed findings of facts and conclusions of law and a proposed s judgment.

INFO

Applies to

Affidavit

Responsive affidavits should be used if possible.

Responsive affidavits shall be utilized if possible.