Jefferson Circuit Court Document Filing Requirements

Applies to

Statement of appeal

With a statement of appeal, the appellant must tender an available audio or video recording of relevant district court proceedings.

A. With a statement of appeal, the appellant shall tender, if available, an audio or video taped copy of any district court proceedings relevant to the appeal.

Applies to

Notice of submission for final adjudication

Counsel must file Form AOC-280 when the last counter-statement is filed or the briefing period expires, after which the case stands submitted.

B. Upon the filing ofthe last counter-statement or upon the expiration of the briefing period, counsel shall file Form AOC-280, Notice of Submission of Case for Final Adjudication . Then the case shall stand submitted.

Applies to

Notice of submission for final adjudication

When oral argument has been requested, counsel must move for a hearing date and, after oral argument, file the AOC-280 notice of submission before the case stands submitted.

C. If a request for oral arguments has been made pursuant to CR 72 .10(B) or 72.12(b), counsel shall, in lieu ofnotice, move for a hearing date at the Court's regular motion hour. After oral arguments, counsel shall file an AOC-280 Form, Notice of Submission of Cases for Final Adjudication. Then the case will stand submitted.

Applies to

Statement of amount to be raised

The party requesting a judicial sale must file a statement of the amount to be raised.

The party requesting the sale shall file a statement of the amount to be raised and serve a copy on all parties and the Master Commissioner.

Applies to

Statement of amount to be raised

A new statement of the amount to be raised must be filed if the sale is rescheduled.

A new statement shall be filed if a sale is rescheduled.

Applies to

Appraisal

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

D. The appraisal shall be in writing, signed by the persons making it and filed in the court record prior to the sale.

Applies to

Demand notice

The demand informing a defendant of the right to a hearing must include the specified written-hearing request statement.

The demand required by KRS 425.012 and KRS 425.301 informing the Defendant of the right to be heard shall include the following statement:

Applies to

Demand notice

A defendant requesting a hearing must notify the Master Commissioner in writing within seven days and send a copy to plaintiff's counsel.

If you want a hearing, you must notify the Master Commissioner in writing) within seven (7) days, and send a copy of your request to the attorney for the Plaintiff.

Applies to

Motion

Counsel must file Form AOC-280 when the case is ready for final adjudication.

Counsel shall file Form AOC-280, Notice of Submission of Case for Final Adjudication, when the case is ready for submission.

Applies to

Discovery motion

Must include

certificate of conference

A discovery motion must include counsel's certification of the conferral, failure to reconcile, and exhaustion of extrajudicial means.

No motions pertaining to discovery shall be made to the Court without a certificate of counsel that she has conferred with opposing counsel, that they are unable to reconcile their differences and that she has otherwise exhausted all extrajudicial means in an effort to reconcile her differences with opposing counsel

Applies to

Discovery motion

The discovery motion and supporting memorandum must be accompanied by a copy of the disputed discovery requests.

The motion and memorandum shall also be accompanied by a copy ofthe discovery requests in dispute

Applies to

Default judgment motion

A default-judgment motion involving a liquidated claim must include the Default Judgment Certificate and, when required by the Soldier and Sailor Relief Act, a Military Affidavit.

All Motions for Default Judgment involving a liquidated claim shall be accompanied by the following Default Judgment Certificate, in addition to Military Affidavit, if a Military Affidavit is required by the Soldier and Sailor Relief Act, 50 U.S .C. App. 521 :

Applies to

Default judgment motion

A liquidated-damages claim must include sufficient written documentation establishing the accuracy of the amount claimed.

A claim for liquidated damages shall be supported by sufficient written documentation to establish that the amount claimed is accurate.

Applies to

Attorney fees motion

An attorney-fee motion must include a detailed counsel affidavit specifying service dates, services, persons performing them, hours, total hours, proposed hourly compensation, and supporting legal authority.

All motions for attorney's fees shall be accompanied by an affidavit of counsel setting forth in detail the dates of the services rendered, the exact nature of the service rendered on each date, the names of the persons rendering the service (ifparalegal or other counsel ofrecord), and the number of hours (or fractions thereof) rendered by each person . The number of hours shall be totaled, and a suggested reasonable amount of compensation per hour shall be set forth. The affidavit must also disclose the statute or other authority supporting the requested award of an attorney's fee.

Applies to

Attorney fees motion

When KRS 411.195 applies, the attorney-fee affidavit must show that the required fee was actually paid or agreed to be paid by the party enforcing the written obligation.

If the applicable statute is KRS 411 .195, then the affidavit must also contain a showing that the required attorney's fee was actually paid, or was agreed to be paid, by the party enforcing the written obligation.

Applies to

Attorney fees motion

When entitlement to an attorney fee relies on a writing, the motion must attach a copy with the applicable portion highlighted.

When a party seeking an award of an attorney's fee relies upon a writing to establish entitlement to the fee, a copy of the writing shall be attached with the applicable portion highlighted

Applies to

Notice of sale

The appraiser must post a written or printed sale notice on or near the real estate being sold.

The appraiser shall post a written or printed notice of sale upon or near the real estate to be sold.

Applies to

Order paying money into court or withholding money

Orders paying money into court or withholding money must be filed and signed by the judge.

All orders paying money into Court or withholding money shall be filed and signed by the Judge.

Applies to

Motion to withdraw money from receiver

Every motion to withdraw money from the receiver must include the movant’s attorney certification about priority to the proceeds and whether the funds are subject to attachment or garnishment.

In every motion to withdraw money from the Receiver, the attorney for the movant shall certify : A. That according to the terms of the movant's judgment, no other party has priority to the proceeds, and, B. Whether or not the funds are subject to any attachment or garnishment served upon the Receiver.

Applies to

Receiver withdrawal order

A receiver withdrawal order must specify the amount to withdraw, the payee, and the receiver’s fee amount.

The withdrawal order shall specify the amount to withdraw and the payee, and the amount ofthe Receiver's fee.

Applies to

Motion

Must include

proposed order

A draft proposed judgment or order must be filed with the motion requesting its entry.

1405 Proposed Order Required. A draft ofthe proposed judgment or order shall be filed along with a motion for its entry.

Applies to

Pleading and document

Must include

case number

Every pleading or document filed by counsel or a pro se party must include the case number and the signing individual's typed or printed name, address, and telephone number; a rubber stamp is not a signature.

1406 Identification Required . Every pleading and document filed in the record by counsel or a pro se party shall contain the case number, and a typed or printed name, address and telephone number of the individual signing the paper. A rubber stamp shall not be deemed a signature either under this Rule or CR 11 .

Applies to

Interrogatories requests for production or inspection requests for admission or medical records

Interrogatories, requests for production or inspection, requests for admission, and medical records may not be filed unless attached to a motion or accompanied by the prescribed certificate.

None of the following pleadings, papers, or portions thereof, shall be filed with the clerk unless attached to a motion or containing the certificate set forth below: A. Interrogatories propounded under CR 33: B. Requests for Production or Inspection made under CR 34: C. Requests for Admission under CR 36 . D. Medical Records .

Applies to

Certificate

Must include

local rule certificate

The CR 5.06 certificate must state that the signer is familiar with Kentucky Rule of Civil Procedure 5.06 and that the pleading is filed in conformity with the rule.

I hereby certify that I am familiar with Kentucky Rule of Civil Procedure 5 .06 and this pleading is filed in conformity with this Rule.

Applies to

Objections to master commissioner report

Objections to a Master Commissioner's Report must include particulars and, when appropriate, a memorandum of authorities.

C. Objections to the Master Commissioner's Report shall be made with particulars and with a memorandum of authorities, if appropriate.

Applies to

Objections to master commissioner report

Unless JRP 506 applies, objections must be filed directly with the Court, may receive a response within five days, and are submitted upon filing Form AOC 280, with a hearing available at counsel's request before submission.

B. Except as provided in JRP 506, objections to a Master Commissioner's Report shall not be noticed for motion hour and shall be filed directly with the Court. A response to the objections may be filed within five (5) days of the filing of the objections. The objections will then stand submitted upon the filing of Form AOC 280. Prior to submission counsel may request a hearing.

Applies to

Affidavit supporting additional discovery

A party may not again undergo discovery for six months after appearing and being examined unless counsel files an affidavit showing changed circumstances warranting additional discovery.

B. No party shall be subject to additional discovery proceedings for six (6) months following their appearance and examination unless an affidavit is filed by counsel showing a change of circumstances warranting this.

Applies to

Supporting memorandum

A discovery motion must be accompanied by a supporting memorandum citing any applicable legal authority.

The motion shall be accompanied by a supporting memorandum with citation to legal authority, if any.

Applies to

Annual appointments report

The Circuit Court Clerk must annually provide the Circuit Term with a report of appointments made.

E. The Circuit Court Clerk shall annually provide to the Circuit Term a report of the appointments made.