Jessamine Circuit Court Document Filing Requirements

CRITICAL

Applies to

Guardian ad litem response

The Guardian Ad Litem must file a response before the Court conducts a Final Hearing.

The Court will not conduct a Final Hearing before the Guardian Ad Litem has filed his or her response.

CRITICAL

Applies to

Protective order petition

Protective-order petitions must be made on form AOC-275.1 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.

CRITICAL

Applies to

Dependency neglect abuse petition

A dependency, neglect, and abuse petition must cite the statutes and factual allegations supporting jurisdiction and provide the child's parents' or guardians' contact information.

Any dependency, neglect, abuse, or status offender petition filed with this Court shall comply with the following conditions: 1. Citation to specific statute(s) and factual allegations relied upon in asserting the Court's jurisdiction; and 2. Contact information of child's parents or guardians.

CRITICAL

Applies to

Order

Only one order may be tendered for the Court's signature.

The Court requires that only One order be tendered for the Court's signature.

CRITICAL

Applies to

Motion to enter guilty plea

On a guilty plea at any stage of the proceedings, the defendant must file a Motion to Enter a Guilty Plea signed in open court.

(2) file a Motion to Enter a Guilty Plea, signed in open court; and

CRITICAL

Applies to

Disposition hearing submission

At a disposition hearing, CHFS must provide the FCRPP 26 information using form AOC-DNA-12 and explain any separation of siblings.

At a disposition hearing, the Cabinet for Health and Family Services (CHFS) shall provide the Court with all information as required by FCRPP 26 by completing the form AOC-DNA-12. Additionally, if siblings have been separated, CHFS shall explain the reasons for said separation.

CRITICAL

Applies to

Pretrial order

The pretrial order must address closure and non-supplementation of the record, possible deposition submission and equitable cost allocation if a continuance is sought, and the general order of witnesses.

Further, the pre-trial order will include: 1. A directive that the record will close at the conclusion of testimony and that the record will not be supplemented;. 2. A statement that should a party be unready on the date of the hearing and a continuance is sought, the Court may require the matter to be submitted by . deposition and the costs will be allocated equitably; and 3. A statement that generally the parties will be called to testify as the first two witnesses upon direct and cross examination. This will be especially true when custody and parenting time are at issue. Other witnesses should be scheduled for later in the day.

CRITICAL

Applies to

Motion to withdraw as counsel

Appointed counsel must continue representation through all stages unless relieved of the appointment after a proper motion to withdraw as counsel.

After a Guardian Ad Litem or parent attorney accepts an appointment, representation shall continue through all stages of the dependency, neglect, abuse action, termination of parental rights, or adoption proceeding unless relieved of the appointment upon a proper motion to withdraw as counsel.

CRITICAL

Applies to

Order

When directed to prepare an order, counsel must prepare it and leave it at the Clerk's office.

If counsel is directed to prepare an order, it shall be done and left at the Clerk's office

CRITICAL

Applies to

Adoption hearing submission

Unless a conflicting court order provides otherwise, Findings of Fact and Conclusions of Law must be submitted for the Court's review before an adoption hearing.

Prior to conducting an adoption hearing, and absent any conflicting order of the Court, the following must be submitted to the Court for review: 1. Findings of Fact and Conclusions of Law,

CRITICALCriminal cases

Applies to

Pretrial diversion application

When applying for pretrial diversion, counsel must state on the record—and the defendant must agree on the record—that granting diversion waives the defendant’s speedy-trial or speedy-disposition right.

In applying for pretrial diversion, counsel for 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 the Commonwealth recommends diversion, its written recommendations to the Court must state the 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 . KRS 533 .252(3) .

CRITICAL

Applies to

Order entering guilty plea

On a guilty plea at any stage of the proceedings, the defendant must tender an Order Entering Guilty Plea.

(3) tender an Order Entering Guilty Plea.

CRITICAL

Applies to

Sale date request

Before setting a sale date, the Master Commissioner must receive the specified sale-cost payment and property, notice-recipient, party-interest, and title information.

The Master Commissioner of the Garrard and Jessmine Circuit Court shall not set sale dates until the party requesting the sale date has provided the following: (1) Payment for the estimated costs of each sale in the amount of Seven Hundred and Fifty Dollars ($750.00). Any additional expense requested by the party secking a date of sale will be addressed on an individual basis by the Master Commissioner. (2) A legal description to be sold with a street address, if available. (3) The name and address of each person or entity who is to be served notice by the Master Commissioner. (4) The name of the party or parties whose interest is being sold or conveyed. (5) The source of litle of the party or parties whose interest is being sold or conveyca.

CRITICAL

Applies to

Plea agreement

On a guilty plea at any stage of the proceedings, the defendant must file a written Plea Agreement in open court.

(1) file a written Plea Agreement in open court;

CRITICAL

Applies to

Emergency custody order request

Persons seeking an ECO during normal business hours must complete an ECO Petition and an ECO affidavit.

During normal business hours, 8:00 a.m. to 4:00 p.m., Monday through Friday, excluding normal holidays, persons seeking an ECO shall come to the Circuit Clerk's Office of the county where the child is found or resides to complete an ECO Petition and ECO affidavit.

CRITICAL

Applies to

Disclosure statement

Divorce litigants must file disclosure statements unless the Court approves a waiver for good cause upon proper motion.

FCRPP 2(3) requires parties involved in divorce litigation to file disclosure statements. In lieu of filing said disclosures, parties may waive the filing of disclosures for good cause upon proper motion and approval by the Court.

CRITICAL

Applies to

Dependency neglect abuse offender petition

The original of each filed dependency, neglect, and abuse offender petition must be filed in the Circuit Clerk's Office.

A copy of all dependency, neglect, and abuse offender petitions filed shall be forwarded to the County Attorney and his or her assistant assigned to prosecute dependency, neglect, and abuse actions, and the original shall be filed in the Circuit Clerk's Office.

CRITICAL

Applies to

Order

If opposing counsel does not sign off and submit the order, the order must include the drafting attorney's verification that opposing counsel received it and did not respond for at least seven business days.

If an attorney submits an Order to opposing counsel and that attorney fails to sign off on a 'Have Seen' and submit it to the Court, said Order shall contain a verification by the drafting attorney that the Order was tendered to opposing counsel with no response for a period of no less than seven (7) business days.

CRITICALCriminal cases

Applies to

Written recommendation

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

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

CRITICAL

Applies to

Judgment and order of sale

All judgments and orders of sale must state the specified payment, bond, tax, possession, risk-of-loss, and property-encumbrance terms.

3.20 JUDGMENTS AND ORDERS OF SALE The terms of sale to be stated in all Judgments and Orders of Sale and are as follows: (1) The terms of the sale shall be either cash or ten (10%) percent of the purchase price in the form of a cash deposit at the time of sale and balance of the purchase price on a credit of 60 days. If the purchaser elects to take credit for the balance, then the purchaser will be required to post bond and furnish acceptable surety thereon. Said bond shall be for the unpaid balance of the purchase price and bear interest at the ratc of twelve (12%) percent per annum from the date of sale until paid. (2) The purchaser shall be required to assume and pay all taxes levied against said property for the current tax ycar and all subsequent ycars. The property shall be sold "as is", and possession shall pass to the purchaser upon delivery of deed. Risk of loss shall pass to the purchaser upon cxecution of bond of sale or payment of the purchase price in full whichever occurs first. (3) The properly shall be sold free and clear of any right, title or interest of all parties to the action and all liens and encumbrances thereon of any party. The sale of the real estate shall be made subject to all zoning and building regulations, restrictions, ordinances, casements, covenants, and rights-of- way, of record or otherwise.

CRITICAL

Applies to

Motion to inspect and copy confidential records

Must include

proposed order

Counsel seeking access to confidential proceeding records in a termination or adoption case must file a motion in that action seeking permission to inspect and copy the records, accompanied by a proposed order.

If counsel needs access to records of confidential proceedings as part of a termination or adoption proceeding, counsel must file a motion in that action seeking permission to inspect and copy documents. Such a motion may be filed to be heard at the convenience of the Court and accompanied by a proposed order.

CRITICAL

Applies to

Order of distribution

Orders of distribution must state collections and applicable tax and lien information; the first-priority lienholder prepares the order, and unknown secondary interests must be stated while the balance is held pending further court orders.

3.30 ORDERS OF DISTRIBUTION Orders of Distribution of funds held by the Master Commissioner shall: (1) Set forth the amounts collected, including the advance costs deposit referenced in 6.10(1) above. (2) If disbursements are to be made to a taxing authority, then the taxing authority with the outstanding tax bill number and year must be listed in the Order of Distribution and copy of the tax bill or bills must be furnished to the Master Commissioner. (3) The preparation of the Order of Distribution sliall be the responsibility of the lien holder of first priority and shall address all secondary lienholder's interests. (4) If the amount of a secondary lienholder's interest is unknown, then that is to be stated in the Order of Distribution and the balance is to be held by the Master Commissioner pending further Orders of the Court.

CRITICAL

Applies to

Transport order

The party calling an incarcerated witness must submit a transport order with appropriate times and places at least five days before the witness’s desired appearance.

If any subpoenacd witness is incarcerated, the party on whose behalf the witness is to testify shall submit a transport order, with appropriate times and places, to the Court at least five (5) days in advance of the desired appearance.

CRITICAL

Applies to

Transport order

For a defendant in state or federal custody, counsel must submit transport orders to the Court for appearances after arraignment.

If a defendant is in state or federal custody, the Court shall issue the transport order for arraignment, but counsel for the defendant shall submit transport orders to the Court for all subsequent appearances.

CRITICAL

Applies to

Transport order

An incarcerated defendant or counsel seeking the defendant’s presence at an otherwise unspecified proceeding must submit a transport order with appropriate times and places at least five days before the appearance.

If an incarcerated defendant desires to be present at a status hearing, motion, or any other stage of the proceedings not specifically mentioned in 4.20A, the defendant or counsel shall submit a transport order, with appropriate times and places, to the Court at least five (5) days in advance of the desired appearance.

CRITICAL

Applies to

Agreed continuance order

Counsel must circulate an agreed continuance order signed by all parties or their counsel and stating the agreed date.

Counsel shall circulate an agreed order bearing the signature of all parties or their counsel and setting out the agreed upon date.

CRITICAL

Applies to

Pro se motion request

Pro se litigants must complete the Pro Se Motion Request form and leave it with the Circuit Clerk's Office.

Pro se litigants must complete a Pro Se Motion Request (only available at the Circuit Clerk's Office), and leave the completed form with the Circuit Clerk's Office.

CRITICAL

Applies to

Motion

(f) Both civil and criminal motions shall be docketed and heard in the county where the action is filed unless: (1) The matter is of an emergency nature and the grounds for the emergency are stated in the motion; (2) The motion and notice requirements are complied with; and (3) The record is made available as required by Kentucky Rulcs of Procedure: CR 79.05.

(f) Both civil and criminal motions shall be docketed and heard in the county where the action is filed unless: (1) The matter is of an emergency nature and the grounds for the emergency are stated in the motion; (2) The motion and notice requirements are complied with; and (3) The record is made available as required by Kentucky Rulcs of Procedure: CR 79.05.

CRITICALCriminal cases

Applies to

Pretrial diversion order

The diversion order must address restitution if applicable, supervision and fees if applicable, duration, compliance with Probation and Parole rules, and the specified offense and other-condition requirements.

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 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

Agreed order

Counsel must tender an Agreed Order stating the parties’ agreement to mediate and the mediation’s time and place.

Counsel for the parties will then be required to tender an Agreed Order stating that the parties agree to mediate and the time and place that the mediation will occur.

CRITICAL

Applies to

Status offender petition

The original of each status offender petition must be filed in the Circuit Clerk's Office.

A copy of all status offender petitions filed shall be forwarded to the County Attorney and his or her assistant assigned to prosecute dependency, neglect, and abuse actions, and the original shall be filed in the Circuit Clerk's Office.

CRITICAL

Applies to

Final hearing submission

Before a Final Hearing is set, the parties or counsel must certify that discovery is complete and a good-faith settlement attempt failed; that attempt contemplates a joint meeting unless cause makes it impractical or a no-contact Domestic Violence Order applies.

The Court requires that all parties and/or their counsel certify that all discovery is complete and that a good faith attempt at settlement has been attempted and that it has failed before a Final Hearing is set. A good faith attempt at settlement contemplates a meeting of counsel and the parties together unless cause is shown which makes this either impractical or the parties are subject to a no-contact Domestic Violence Order.

CRITICAL

Applies to

Initial motion

Initial motions must include, if known, email addresses for the movant and all parties listed on the certificate of service.

Initial motions shall include email addresses for the movant and all parties listed on the certificate of service, if known.

CRITICAL

Applies to

Prevention or safety plan

Any Prevention or Safety Plan must be placed in the Court record.

Pursuant to FCRPP 27, any Prevention or Safety Plan shall be placed in the Court record and copies given to all parties or their counsel.

CRITICAL

Applies to

Proof of divorce education completion

If divorce education is ordered, at least one party must complete the class and proof of completion must be filed before the Court enters a final custody order or dissolution decree.

If divorce education is ordered in a case, the Court will not enter a final custody order or decree of dissolution of marriage until at least one of the parties completes the class and proof of completion is filed into the record.

CRITICAL

Applies to

Petition

The petition's "Court Action" section must indicate 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.

CRITICAL

Applies to

Uncontested divorce submission

For an uncontested divorce, the parties must file a Settlement Agreement, a deposition containing the necessary jurisdictional proof, and a Motion to Submit confirming that all paperwork is filed and the matter is ready for a decree.

In addition to a Settlement Agreement and deposition containing the jurisdictional proof necessary to enter a Decree, the parties shall file a Motion to Submit to inform the Court that the parties have filed all of their paperwork and are ready for the Court to enter a Decree of Dissolution of Marriage.

CRITICAL

Applies to

Pretrial order

The pretrial order will require parties to submit general facts, stipulated facts, issues for adjudication, supported arguments on disputed issues, requested relief, and a witness list and trial exhibits.

The Court will enter a pre-trial order, which will require parties prepare and submit:. 1. A summary of the general facts;. 2. Statement of any stipulated facts; 3. A list of all issues of fact and law for adjudication; 4. A concise statement of each general issue in dispute which is to include • argument with ample supportive citations of authority pertinent to each issue of fact and law; 5. Conclusions setting forth the specific relief sought from the Court; and 6. A witness list, trial exhibits, etc..

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

Written agreement

Action on a Commissioner's Report requires written agreement by all parties not in default to submit the matter and waive service and notice; action before the ten-day period expires also requires all parties to specifically waive that period.

(2) Motions for action upon Commissioner's Reports, but only if all parties not in default agree in writing to submit the matter to the Court and waive service and notice requirements otherwise required by CR 53.06. To request action upon Commissioner's Reports before expiration of the ten (10) day period, all partics must also specifically waive that requirement.

CRITICAL

Applies to

Dependency neglect abuse or status offender petition

Petitions filed with the Court must cite the specific statutes and jurisdictional facts relied on and include the child's parents' or guardians' contact information.

Any dependency, neglect, abuse, or status offender petition filed with this Court shall comply with the following conditions: 1. Citation to specific statute(s) and factual allegations relied upon in asserting the Court's jurisdiction; and 2. Contact information of child's parents or guardians.

WARNING

Applies to

Pretrial memorandum

Exhibits must not be filed with the pretrial memorandum and become part of the Court’s record only if properly admitted into evidence.

Please Note: No exhibit is to be filed with this memorandum; if properly admitted into evidence, only then will it become part of the Court's record.

INFO

Applies to

Summons

Attorneys are encouraged, but not required, to prepare summonses to help the Clerk issue them.

(g) Attomeys are encouraged to prepare summons to assist the Clerk in issuance of same.