Johnson Circuit Court Document Filing Requirements

CRITICALCriminal cases

Applies to

Speedy trial waiver statement

Upon approval to participate, the defendant must sign a speedy-trial waiver statement and must be given the opportunity to consult an attorney beforehand if desired.

Upon approval for participation in the Program, the defendant shall sign a statement waiving his or her right to a speedy trial. Prior to signing such statement the defendant shall be given the opportunity to consult with an attorney if he or she so desires.

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

Permanency hearing report outline

CHFS must complete the Permanency Hearing Report Outline and submit it to the Court 72 hours before the Permanency Hearing/Review court date.

At the Permanency Hearing/Review, CHFS shall complete a Permanency Hearing Report Outline. pursuant to the attached document which is incorporated by reference herein, and submit same to the Court 72 hours preceding the Court date.

CRITICAL

Applies to

Written request for order

A request for an order to obtain a child’s in-chamber interview video must explain the reason, identify the portion requested, and state the proposed use.

An individual requesting such an Order must provide the Family Court Judge with a written explanation of the reason for the request and specifically indicate the portion of the video record being requested and proposed use thereof.

CRITICAL

Applies to

Pleading

Pleadings must state counsel's office and mailing addresses, telephone and fax numbers, and email address.

On pleadings and in the entry of appearance, counsel shall set forth counsel's office address, mailing address, telephone number, fax number, and e-mail address.

CRITICAL

Applies to

Form DNA 12

CHFS must complete Form DNA 12 with the information required by FCRPP 28 and submit it to the Court 72 hours before the Dispositional Hearing court date.

At the Dispositional Hearing, CHFS shall also provide the court with the information required pursuant to FCRPP 28 by completing Form DNA 12 and submitting same to the Court 72 hours preceding the Court date.

CRITICALCriminal cases

Applies to

Pretrial report

After the diversion contract is completed, the pretrial officer must submit the contract and a report to the trial judge for approval, and the report must contain the listed background and eligibility information.

Following completion of the diversion contract, the pretrial officer shall submit a pretrial report and the contract for approval to the trial judge. The report shall contain basic pretrial information, a record of any past offenses and conviction, a record of any prior participation in the diversion program or similar program, employment status, length of residence in the area, and any other information necessary to determine eligibility and appropriateness of approval to participate in the Program.

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.

E. Cases may be reassigned within the judicial circuit and, pursuant to FCRPP 12, a case may be transferred to another circuit if there is a pending dissolution or custody matter in that Circuit. If reassignment or transfer occurs, the issuing judge shall re-issue a summons until the matter may be heard by the receiving judge.

CRITICALCriminal cases

Applies to

Diversion contract

After referral, the defendant must meet with a pretrial officer to establish a contract specifying its conditions, services, length, and any required restitution or community service; the contract begins upon the trial judge’s approval.

1. Upon referral to the Program, the defendant shall meet with a pretrial officer to establish a formal contract which specifies the court ordered conditions, the reterral services to be used, the length of the contract, and, if required the need for the defendant to make restitution or perform community service. The contract shall commence upon approval by the trial judge.

CRITICAL

Applies to

Motion for compensation

A motion for compensation must include an affidavit stating the appointment’s statutory basis, the services and hours rendered and fee reasonableness, and that the proceeding has concluded.

2. Motions for compensation shall be accompanied by an Affidavit stating: a. The statutory basis for the appointment; b. The hours of service rendered with a brief description of the services rendered and reasonableness of the fee requested; and c. That the action or proceeding has been concluded.

CRITICAL

Applies to

Motion to submit dissolution for final decree

F. Attorneys or parties may file a Motion to Submit a dissolution matter for Final Decree, and executed Notices and Waivers of Hearings and/or Financial Disclosure Statements along with submit same directly to the Judge for approval by the Court off-docket, which shall contain a Settlement Agreement and Jurisdictional Deposition.

F. Attorneys or parties may file a Motion to Submit a dissolution matter for Final Decree, and executed Notices and Waivers of Hearings and/or Financial Disclosure Statements along with submit same directly to the Judge for approval by the Court off-docket, which shall contain a Settlement Agreement and Jurisdictional Deposition.

CRITICAL

Applies to

Affidavit

If the County Attorney considers Family Court contempt proceedings more appropriate, the petitioner will be directed to file an Affidavit at the Circuit Court Clerk’s office.

If the County Attorney believes contempt proceedings through the Family Court are more appropriate, the Petitioner will be directed to the Circuit Court Clerk's office to file an Affidavit.

CRITICAL

Applies to

Pretrial compliance statement

For a requested jury trial, the Pretrial Compliance Statement must contain the listed items.

When a jury trial is requested, a Jury Trial Order shall be entered by the Court directing the parties to furnish to the Court and each other, at least one week prior to trial, a Pretrial Compliance Statement containing the following: • A statement of the kind of action and a report on the status of mediation efforts; • Stipulations; • A statement of disputed issues with citation of authorities; • A confirmation that discovery is completed, or if not completed, the probable completion date; • A list of expected witnesses and brief summary of their testimony; • A separate list of expert witnesses and brief summary of their testimony; • A list of marked exhibits; • A list of all special damages and supporting documents; and • Proposed Jury Instructions

CRITICAL

Applies to

Mediation report

The mediator must file a report stating the mediation outcome with the court within 30 days after mediation concludes.

1. At the conclusion of mediation, the Mediator shall file a Report with the Court within thirty (30) days as to the outcome of the mediation, (i.e., full agreement, partial agreement or mediation terminated).

CRITICAL

Applies to

Pleading motion or other filing

Every pleading, motion, and other filed paper must include the case number and the signing attorney’s or party’s printed or typed name, address, telephone number, and email address; a rubber stamp is not a signature.

Every pleading, motion and any other paper filed in the record by an attorney or a party shall contain Identification of Counsel or Party Required attorney or party signing the paper. A rubber stamp shall not be deemed a signature either under this the case number, typed or printed name, address, telephone number and e-mail address of the Rule or CR I1.

CRITICAL

Applies to

Order or judgment

If opposing counsel finds an order or judgment unsatisfactory, counsel must immediately notify the Court of objections and present an alternative version.

If such order or judgment is not satisfactory to opposing counsel, counsel shall immediately make any objections known to the Court and present that party's alternative version of the order or judgment.

CRITICAL

Applies to

Notice of appearance

Upon being retained, counsel must promptly file a written entry of appearance unless the appearance is apparent from filed pleadings.

Upon being retained, counsel shall forthwith file a written entry of appearance, unless counsel's entry of appearance is apparent from pleadings filed.

CRITICAL

Applies to

Juvenile petition

Juvenile petitions must be submitted to the respective County Attorney's office for a legal-sufficiency check before filing, in accordance with FCRPP 20.

All Juvenile petitions shall be filed in accordance with FCRPP 20 and shall be submitted to the respective County Attorney's office who shall check the petition for legal sufficiency prior to its filing.

CRITICAL

Applies to

Juvenile petition

A petition must provide full information concerning the child's parents and their addresses.

2. Full information conceming the child's parents and their addresses).

CRITICAL

Applies to

Written motion

A request for an order releasing confidential video records must be made by written motion stating the reason and proposed use, with notice to all parties and any child’s Guardian ad Litem; the stated statutory exception applies to qualifying public officers or employees.

An individual Guardian ad Litem, if any, and set forth the reason for the request and proposed use thereof. requesting such an Order must file a written motion, with Notice to all parties, including the child's Except that, pursuant to KRS 610.340(2), this shall not apply to public officers or employees prosecutions authorized by the Kentucky Revised Statutes, as certified by that public officer or engaged in the investigation and prosecution of cases under KRS Chapters 600 through 645 or other investigation or prosecution of offenses under the Kentucky Revised Statutes. employee. Said public officer or employee

CRITICAL

Applies to

Family court case data sheet

The Family Court Case Data Sheet must be fully completed in every case.

A. The Family Court Case Data Sheet must be fully completed in all cases.

CRITICAL

Applies to

Notice of appearance

An entry of appearance is general unless counsel specifies otherwise on the record; an entry for a limited purpose must specify the limited nature of the representation.

Unless counsel specifies otherwise on the record, an entry of appearance is considered to be a general appearance for all purposes. An entry of appearance for a limited purpose shall specify the limited nature of counsel's representation of the client.

CRITICAL

Applies to

Petition

The reviewing judge must identify in the petition’s “Court Action” section whether the resulting 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 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

Guardian ad litem answer or report

The required filing is an Answer for the Respondent or a Report stating that the Guardian ad Litem cannot present a defense after careful examination.

4. Within sixty (60) days of the appointment, the Guardian ad Litem shall file an Answer on behalf of the Respondent or a Report stating that, afer careful examination of the case: he/she is unable to present a defense on their behalf.

CRITICAL

Applies to

Juvenile petition

A petition filed with the Court must cite the specific statutes and factual allegations supporting the Court's jurisdiction.

Any Petition filed with the Court shall comply with the following conditions: I. Citations to specific Statute and factual allegations relied upon in asserting the Court's jurisdiction; and

CRITICAL

Applies to

DNA 11 financial statement affidavit of indigence request for counsel form

Appointment of a Guardian ad Litem or attorney for a named party is upon request and execution of the DNA 11 financial statement, affidavit of indigence, and request for counsel form.

The Court shall appoint a Guardian ad Litem for the minor child, and an attomey for any named party upon their request and upon execution of a DNA 11. Financial Statement. Affidavit of Indigence and Request for Counsel form.

CRITICAL

Applies to

Withdrawal motion

Counsel seeking to withdraw must generally use a written motion and notice and serve a copy of the motion on the client; for good cause, the Court may permit an oral withdrawal motion if the litigant's interests are not adversely affected.

Once having entered appearance, counsel shall remain of record, unless relieved of responsibilities by the Court upon written motion and notice (with copy of said motion served on the client), until expiration of the time for filing a notice of appeal after the entry of a final judgment or order. For good cause shown, the Court may permit oral motions to withdraw so long as the interests of the litigant are not adversely affected.

CRITICAL

Applies to

Emergency custody petition

An interested party seeking an Emergency Custody Order must file a petition.

Any interested party seeking an Emergency Custody Order must file a petition

CRITICAL

Applies to

Motion

Must include

proposed order

Each motion in a civil action must be submitted with a proposed order.

In civil actions, proposed orders shall be tendered with each motion.

CRITICAL

Applies to

Property mediation materials

For property mediation, the parties must exchange and provide the listed financial disclosures and supporting or requested materials to the mediator at least five working days before the conference.

days prior to the mediation conference, the following: The parties shall exchange and provide to the Mediator, in no less than five (5) working b. Copies of all documents supporting their valuation of the parties' assets: a. Their respective Financial Disclosure Statements including any changes thereto: c. Copies of all documents verifying monthly payments and outstanding balances on d. All information and copies of all documents requested by the Mediator prior to all the parties* debts; and the mediation conference.

CRITICAL

Applies to

Financial disclosure statement

All parties must submit Financial Disclosure Statements before the Case Management Conference when applicable.

All parties shall submit Financial Disclosure Statements on the appropriate AOC forms prior to the Case Management Conference, if applicable.

WARNING

Applies to

Order or judgment

At the Court's request, counsel in whose favor an order or judgment is rendered must prepare it.

All orders and judgments of the Court shall, at the request of the Court, be prepared by counsel in whose favor the order or judgment is rendered

WARNING

Applies to

Exhibits

Attorneys or pro se parties must produce their intended Final Hearing exhibits before or at the Case Management Conference.

The Attorneys or parties, if pro se litigants, shall also produce any documents they intend to submit as Exhibits at the Final Hearing prior to or at the Case Management Conference.

WARNING

Applies to

Proposed order

In matters taken under advisement, the Court may direct the parties to submit proposed orders or judgments.

In all matters taken under advisement, the Court may direct the parties to submit proposed orders or judgments for consideration.

WARNING

Applies to

Expert witness identification

Attorneys or parties, including pro se litigants, must identify intended expert witnesses before or at the Case Management Conference.

Each party shall make a good faith effort at shall identify any Expert Witnesses they intend to call to testify at the Final Hearing prior to or settlement at the Case Management Conference. The Attorneys or parties, if pro se litigants, said expert prior to or at the Case Management Conference. The Attorneys or parties, if pro se at the Case Management Conference and shall also produce a Preliminary or Final Report from litigants, shall also produce any documents they intend to submit as Exhibits at the Final Hearing prior to or at the Case Management Conference.

INFO

Applies to

Juvenile petition

If the County Attorney rejects a juvenile petition, an interested party may file it and submit it to the Family Court Judge for a legal-sufficiency determination.

If the petition is rejected by the county attorney, then it may be filed by the interested party and submitted to the Family Court Judge for a determination of its legal sufficiency.

INFO

Applies to

Final disclosure statement

A party may adopt an unchanged Preliminary Disclosure Statement as the Final Disclosure Statement if the Court is notified.

C. A party's Preliminary Disclosure Statement may also be adopted as his/her Final Disclosure Statement if there have been no changes and the Court has been given notice thereof.

CRITICAL

Applies to

Case plan

The Case Plan executed by CHFS and the parties must be filed with the Court before the Disposition Hearing.

The Case Plan executed by the CHFS and the parties shall also be filed with the Court prior to the Disposition Hearing.