Kenton Circuit Court Document Filing Requirements

CRITICALCriminal cases

Applies to

Diversion recommendation

When recommending diversion, the Commonwealth must submit written recommendations for 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 .

CRITICAL

Applies to

Notice of motion

Unless an exception applies, motions must be noticed for a motion docket, and the hearing notice must state the date, time, and place, plus the virtual platform ID when the hearing is virtual.

Unless a rule allows otherwise, all motions to be heard shall be noticed for a motion docket, and proper notice pursuant to CR 5.02 given to all parties and counsel. The notice of the motion shall specify the date, time, and place for the hearing. If the matter is scheduled for a Court's virtual docket, or otherwise permitted by the Court to be heard virtually, then the virtual meeting platform ID (e.g. Zoom link) shall be included in the hearing notice.

CRITICAL

Applies to

Trial brief

A jury-case trial brief must outline the issues, points relied upon, authorities, and other matters that may assist the Court in trying the case.

The brief shall outline the issues involved, points relied upon, authorities, and such other matters as may be of assistance to the Court in trying the case.

CRITICALCivil cases

Applies to

Roster withdrawal submission

When giving notice of withdrawal, the attorney must present the Courts with a list of all cases in which the attorney is actively serving as court-appointed counsel.

Upon such notice, the attorney shall present to the Courts) a list of all cases in which the attorney is actively serving as court-appointed counsel.

CRITICAL

Applies to

Pleading

Every pleading submitted for filing must include the name, address, and phone number of the Estate’s attorney and personal representative.

The name, address and phone number of both the attorney for the Estate and the personal representative of the estate shall be included on all pleadings submitted for filing.

CRITICAL

Applies to

Diversion program statement

Upon tentative acceptance into the Diversion Program by the Trial Judge, the accused, after consultation, or opportunity to consult with an attorney, must sign a statement that will waive

Upon tentative acceptance into the Diversion Program by the Trial Judge, the accused, after consultation, or opportunity to consult with an attorney, must sign a statement that will waive

CRITICAL

Applies to

Motion

Every motion must state the hearing date and time; a motion without that notice will be heard at the next regular Motion Docket.

All motions shall contain a notice of the date and time of the hearing. Motions that do not contain such notice shall be heard at the next regular Motion Docket of the Court.

CRITICALCivil cases

A party relying on facts from another court action must move to admit the relied-upon court record, including any video recording, into the termination action.

(3) Any party who relies upon facts of record in another court action to prove a matter in a termination for parental rights action shall move for the admission of the relied-upon court record, including any video recording, into the court record of the termination of parental rights action.

CRITICAL

Applies to

Property and or custody agreement

Counsel must furnish the Circuit Court Judge with a Property and/or Custody Agreement.

Counsel shall furnish to the Circuit Court Judge a Property and/or Custody Agreement.

CRITICAL

Applies to

Inventory

A personal representative must file two copies of an inventory with the Probate clerk within two months after qualifying.

A personal representative shall file an inventory in duplicate with the Probate clerk within two (2) months from the time of qualifying as said personal representative.

CRITICALCriminal cases

Applies to

Notice of termination

After the judge signs the Notice of Termination, the circuit court clerk in the receiving court must file it in the official record.

Upon signature of the Notice of Termination by the Mental Health Court judge, the case shall be referred back to the appropriate circuit or district for further proceedings. The Notice of Termination shall be filed in the official record by the circuit court clerk in the receiving court.

CRITICAL

Applies to

Petition

A completed fiduciary bond form with the amount left blank must be filed with the Petition.

There shall be filed with the Petition, a completed fiduciary bond form (with the amount left blank).

CRITICAL

Applies to

Settlement

Disbursements must be supported by the specified documentation filed with the settlement in settlement order, except for an informal settlement filed under KRS 395.605.

All disbursements shall be supported by the original photocopy which may include vouchers, receipts or canceled checks filed with the settlement and in the order as shown on the settlement. The foregoing subsections of this Rule shall not apply in an estate in which an informal settlement shall be filed in keeping with the provisions of KRS 395.605.

CRITICALCriminal cases

Applies to

Notice of termination

The receiving court’s circuit clerk must file the Notice of Termination in the official record.

The Notice of Termination shall be filed in the official record by the circuit court clerk in the receiving court, who shall serve notice of the Notice of Termination on the parties, their attorneys, and probation and parole.

CRITICAL

Applies to

Default judgment motion

A default-judgment motion must include a tendered default judgment for the Court’s consideration.

The motion must also be accompanied by a tendered default judgment for the Court's consideration.

CRITICALCriminal cases

Applies to

Notice of termination and affidavit of violations

The receiving court’s circuit clerk must file the Notice of Termination and Affidavit of Violations in the official record and serve notice of the termination on the parties, their attorneys, and probation and parole.

The Notice of Termination and Affidavit of Violations shall be filed in the official record by the circuit court clerk in the receiving court, who shall serve notice of the Notice of Termination on the parties, their attorneys, and probation and parole.

CRITICAL

Applies to

Pleading

Every pleading's signature line must include the signer's name, whom they represent, physical and any different mailing address, phone number, and email address.

A signature line at the bottom of all pleadings shall always include the attorney's or pro se litigant's name, whom they represent, their physical address, their mailing address, if different, phone number, and e-mail address.

CRITICAL

Applies to

Custody or parenting time action

Custody or parenting-time orders in a paternity matter require filing a separate Cl action; the Court will not consider those matters within the paternity case.

501.01 The Court shall not consider custody and/or parenting time within a paternity case. A separate Cl action must be filed for custody and/or parenting time orders.

CRITICAL

Applies to

Motion

A CR 12.02 defense asserted in a responsive pleading must be brought before the Court for resolution by motion.

Defenses referred to in CR. 12.02 asserted in a responsive pleading shall be brought to the attention of the Court for disposal of the issue by a motion.

CRITICALCivil cases

Applies to

Training completion proof

Court-appointed counsel must provide the Court proof of completed required training to remain eligible for appointments.

Court-appointed counsel shall provide proof that he or she has completed the required training to the Court to remain eligible for appointments.

CRITICAL

Applies to

Motion

Every motion must state precisely the relief requested.

Motions. All motions shall state precisely the relief requested.

CRITICAL

Applies to

Contempt motion

The contempt motion is to be presented to a Family Court Judge together with the file for review.

This motion will be presented to a Family Court Judge along with the file for review.

CRITICAL

Applies to

Affidavit

Good cause to avoid dismissal for failure to prosecute must be shown by affidavit.

except for good cause shown by affidavit.

CRITICAL

Applies to

Judgment or order

If a party's counsel refuses to endorse a judgment or final order, its preparer must file it with a certification stating to whom and when it was tendered.

Should counsel for any party refuse to endorse the judgment or final order "Have Seen", counsel who prepared it shall file the order with the Court, together with a certification that it was tendered to counsel who refused to make the endorsement and the date of such tender.

CRITICAL

Applies to

Motion for trial

A party seeking a contested trial date must file a Motion for Trial on the Court's Motion Docket.

A party seeking a contested trial date shall file a Motion for Trial on the Court's Motion Docket.

CRITICAL

Applies to

Temporary child support motion

A motion under KRS 403.160(5)(b) must certify that the opposing party or counsel was notified of the filing date.

A 160(5)(b) Motion shall also certify notice to the opposing party or their counsel of the date the Motion was filed.

CRITICALCivil cases

Applies to

Court appointment file

(4) Except for guardians ad litem, courts shall not appoint counsel unless the file contains a completed AOC-DNA-11 (Financial Statement, Affidavit of Indigence, Request for Counsel, and Order (DNA/TPR Cases)), and the court has reviewed the form.

(4) Except for guardians ad litem, courts shall not appoint counsel unless the file contains a completed AOC-DNA-11 (Financial Statement, Affidavit of Indigence, Request for Counsel, and Order (DNA/TPR Cases)), and the court has reviewed the form.

CRITICAL

Applies to

Contempt motion

A party wishing to file a contempt motion must fill out the motion located in the district clerk’s office.

The party wishing to file a contempt motion shall fill out the motion located in the district clerk's office.

CRITICALCriminal cases

Applies to

Notice of Eligibility

After completing the assessment, staff must complete the prescribed Notice of Eligibility form.

After completing the assessment, Mental Health Court staff shall complete a Notice of Eligibility form on a form prescribed by the Mental Health Court.

CRITICALCivil cases

Applies to

Approved court appointed attorney list

Each judge must maintain a list of approved appointed attorneys that includes each attorney's phone number, physical address, and email address.

(1) Each judge shall keep a list of approved court-appointed attorneys. The attorney list shall include each attorney's phone number, physical address, and electronic mail address.

CRITICAL

Applies to

Uncontested dissolution submission

When the parties agree on all issues, they may seek a dissolution decree without a hearing by filing a settlement or separation agreement signed and notarized by both parties and a motion or agreed order with the required information and attachments.

Where the parties reach an agreement on all issues and file a Settlement Agreement/Separation Agreement with both parties' signatures notarized, a Decree of Dissolution may be obtained without a hearing by filing a motion or agreed order to submit for decree of dissolution of marriage with all the information and attachments identified in FCRPP 2(1), FCRPP 3(1)(a), and herein.

CRITICALCivil cases

Applies to

Roster agreement

Each roster attorney must sign an agreement to abide by FCRPP 35–38, these temporary local rules, and future local rules.

17. Each attorney on the rosters must sign an agreement to abide by the FCRPP 35-38, these Temporary Kenton County Local Rules and the Local Rules which will be enacted in the future.

CRITICAL

Applies to

Speedy trial waiver statement

After approval for diversion, the accused must sign a speedy-trial waiver statement and must be given the opportunity to consult an attorney before signing if desired.

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

CRITICAL

Applies to

Judgment or order

A judgment or order may include counsel's certification that it was sent or delivered to opposing counsel and the date of sending or delivery.

1. Contain a certification by counsel that the order has been sent or delivered to opposing counsel and the date sent or delivered.

CRITICAL

Applies to

Paper

All papers filed in the case must identify the assigned Division.

Thereafter, all papers filed in the case shall indicate the Division to which the case is assigned.

CRITICAL

Applies to

Motion to set for trial

Counsel's motion to set a case for trial must certify that the case is ready to proceed to trial within 60 days.

In addition, the filing of a motion to set for trial shall be a "Certification of Readiness", by counsel, that the case is ready to proceed to trial in sixty (60) days.

CRITICAL

Applies to

Motion for default judgment

A motion for default judgment must include the specified certificate and, when required, a Military Affidavit.

Motions for Default Judgments shall be accompanied by the following certificate in addition to the Military Affidavit, if a Military Affidavit is required:

CRITICAL

Applies to

Child support order

All child support orders and deviations must be based on current child support statutes and worksheets.

All Child Support Orders and deviations shall be based upon the current child support statutes and worksheets.

CRITICALCriminal cases

Applies to

Administrative discharge affidavit and notice of termination

For an administrative discharge, staff must prepare an affidavit for the judge, and the judge must complete a Notice of Termination on the Court’s prescribed form.

If the Mental Health Court team determines that administrative discharge is appropriate, the Mental Health Court staff shall complete an affidavit of administrative discharge to provide to the Mental Health Court judge and the Mental Health Court judge shall complete a Notice of Termination by administrative discharge on a form prescribed by the Court and refer the case back to the appropriate circuit or district.

CRITICAL

Applies to

Appointed counsel compensation motion

For appointments under KRS Chapters 620 or 625, or KRS 403.727, a signed FINGAL-I must also be submitted.

Where the appointment is made under KRS Chapters 620, 625 and KRS 403.727. a signed FINGAL-I shall also be submitted.

CRITICAL

Applies to

Appointed counsel compensation motion

A motion for compensation by appointed counsel must include an affidavit detailing the statutory basis for appointment, hours of service, a brief description of services, and why the requested fee is reasonable.

Motions for compensation by appointed counsel shall be accompanied by an affidavit detailing: a. The statutory basis for appointment; b. The hours of service rendered with a brief description of the services rendered and reasonableness of the fee requested; and

CRITICAL

Applies to

Default judgment motion

A party seeking default judgment must file a written motion.

A party seeking a judgment by default shall file a written motion for such a judgment.

CRITICAL

Applies to

Discovery response

If the initial response space is exhausted, the response or objection must reproduce the relevant question or request immediately before the answer or objection.

When answering Interrogatories or Requests for Production or Inspection, or for admissions, or in filing objections thereto, when the initial space for response has been exhausted, the replying party shall, as a part of the answer or objection and immediately preceding it set forth the question or the request with respect to which the answer or objection is given.

CRITICAL

Applies to

Contempt motion

A party wishing to file a contempt motion must fill out the motion/affidavit available at the Kenton Circuit Clerk - Family Division's office and present it with the file to a Family Court Judge for review.

The party wishing to file a contempt motion shall fill out the motion/affidavit located in the Kenton Circuit Clerk - Family Division's office. This motion/affidavit will be presented to a Family Court Judge along with the file for review.

CRITICAL

Applies to

Initial hearing documents

Where appropriate, the listed documents must be presented to the Court for review at the initial hearing.

Where appropriate, the documents to be presented to the Court at the initial hearing for its review, findings and approval, shall include the following: I. Waiver of Recording 2. Petition Witness Form Order Probating Will and Appointing Executor Order Appointing Fiduciary Fiduciary Bond Certificate of Qualification

CRITICALCivil cases

Applies to

Motion

A GAL must promptly inform the Court by motion about unavailable or ineffective services, a family's failure to use services, order violations, and new developments requiring the Court's attention.

i. Inform the Court promptly via motion if the services are not being made available to the child and/or families, if the family fails to take advantage of such services, or if such services are not achieving their purpose, and bring to the Court's attention any violation of orders, or new developments requiring the Court's attention;

CRITICAL

Applies to

Criminal motion

A criminal motion must contain notice of the hearing date and time.

Criminal Motions shall be set for hearing by arranging a time certain with the Judge of the Division to which the case has been assigned, and the motion shall contain a notice of the date and time of the hearing

CRITICALCriminal cases

Applies to

Diversion order

The diversion order must state whether diversion is supervised or unsupervised and include applicable supervision fees.

Whether the diversion shall be supervised or unsupervised (and include supervision fees, if applicable).

CRITICAL

Applies to

Parent education seminar exemption request

An exemption request must include a separation agreement resolving custody, visitation, and child support and an agreed waiver order; other exemptions require a compelling reason.

A couple may request exemption from this order by submitting a separation agreement which fully resolves custody, visitation and child support in conjunction with an agreed order to waive the Parent Education Seminar for the reason that all issues surrounding the children have been amicably resolved. Other requests for exemptions shall be granted only upon a showing of compelling reason.

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.