Kenton Circuit Court Document Filing Requirements

CRITICALCriminal cases

Applies to

Assessment

After the defendant executes the Agreement of Participation, staff must complete an assessment using the prescribed form.

Upon execution of the Agreement of Participation by the defendant, Mental Health Court staff shall complete an assessment on a form prescribed by the Mental Health Court.

CRITICAL

Applies to

Criminal complaint affidavit

A private citizen seeking criminal process or registering a complaint in Boone County must provide an authorized complaint-taker with a written, sworn criminal-complaint affidavit.

Private citizens who wish to obtain criminal process or otherwise register a complaint within Boone County shall provide any person authorized to take criminal complaints with a written and sworn affidavit for a criminal complaint.

CRITICAL

Applies to

Motion for mediation

Parties or their counsel must file a Motion for Mediation on the Court's Motion Docket to determine eligibility for staff mediation.

To determine if parties qualify for staff mediation, parties or their counsel shall file a Motion for Mediation to the Court's Motion Docket.

CRITICAL

Applies to

Final settlement

A probate accounting summary must be filed with each final settlement, except for an informal settlement filed under KRS 395.605.

A probate accounting summary shall be filed with each final 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.

CRITICAL

Applies to

Motion

A motion may not state that it will be heard at the Court's convenience, except a motion for a permanent change of custody, which the Court will review and either set for hearing or overrule as insufficient.

No motion shall be filed with a notice that it will be heard at the ¿'convenience of the Courti with the exception of a motion asking for a permanent change of custody of a minor child or children. These motions are reviewed by the Court to see if facts have been alleged to justify a hearing, then the Court itself will set a date for heating or overrule the motion as being insufficient to justify a hearing.

CRITICALCriminal cases

Applies to

Confidentiality agreement

All Mental Health Court volunteers must sign a confidentiality agreement.

All volunteers shall be required to sign a confidentiality agreement.

CRITICAL

Applies to

Affidavit

To compel another appearance within six months, counsel must file an affidavit showing changed conditions or circumstances warranting it.

Whenever a defendant, party or witness has appeared and been examined under oath on a discovery proceeding upon a judgment, such person shall not be compelled to appear again within six months unless an affidavit is filed by counsel showing a change of conditions or circumstances warranting same.

CRITICALCriminal cases

Applies to

Written notice

If a defendant is ineligible for assessment, Mental Health Court staff must notify the referring judge in writing using the prescribed form.

If a defendant is determined to be ineligible for assessment, Mental Health Court staff shall inform the referring judge in writing utilizing the form prescribed by the Mental Health Court.

CRITICAL

Applies to

Probated will and order

When a Will is admitted to probate, the Will and admitting Order must be recorded with the County Clerk by the Petitioner or the Petitioner’s attorney.

Wills that are duly proven and admitted to probate in accordance with law together with the Order admitting the Will to probate shall be recorded with the County Clerk's office. The Petitioner or his/her attorney shall be responsible for the recording of the Will and Order and the fees to the County Clerk if a Will is admitted to probate.

CRITICAL

Applies to

Report of distribution

The Master must prepare a report of distribution whenever funds pass through the Master's hands.

The Master shall make a report of distribution in every case in which any funds pass through his or her hands.

CRITICALCivil cases

Applies to

Proposed local standards

Proposed local standards for court-appointed counsel must state the conduct expected of appointed counsel.

(3) Proposed local standards for court-appointed counsel shall set forth the conduct expected of court-appointed counsel.

CRITICALCriminal cases

Applies to

Diversion recommendation

The Commonwealth must make a favorable or unfavorable recommendation on every application, and the circuit court cannot act without one.

The Commonwealth is statutorily required to make a recommendation, whether favorable or unfavorable, on every application. The circuit court cannot act on a request for diversion absent a recommendation from the prosecutor .

CRITICAL

Applies to

Petition

Protection petitions under KRS Chapters 403 or 456 must use form AOC-275.I 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.I, and shall be accepted and filed with the Court.

CRITICAL

Applies to

Settlement notification

Counsel's settlement notification certifies that all issues have been resolved.

Such notification of settlement is a certification by counsel that all issues have been resolved.

CRITICAL

Applies to

Order

All orders which are required under the Civil Rules to be served upon opposing parties or counsel, including judgments, final orders and orders affecting the running time for taking an appeal, shail contain directions to the Circuit Clerk for distribution thereof in the following manner: Mail copies to: John Jones Attorney for Plaintiff, Jane Doe 208 Main Street Anytown, Kentucky 41000

All orders which are required under the Civil Rules to be served upon opposing parties or counsel, including judgments, final orders and orders affecting the running time for taking an appeal, shail contain directions to the Circuit Clerk for distribution thereof in the following manner: Mail copies to: John Jones Attorney for Plaintiff, Jane Doe 208 Main Street Anytown, Kentucky 41000

CRITICAL

Applies to

Child support order

Every AOC-152 child support order must state an amount to be paid toward any current or future arrearage.

All AOC-152 Child Support Orders must also state an amount to be paid toward any current or future arrearage.

CRITICALCivil cases

Applies to

Appellate record

A court record admitted under this rule must be certified in the record of any appeal of the termination judgment.

Any court record admitted under this rule shall be certified in the record of any appeal of the termination of parental rights judgment.

CRITICAL

Applies to

Response

An initial Financial Disclosure Affidavit must be filed with the Response.

An initial Financial Disclosure Affidavit shall also be filed with the Response.

CRITICAL

Applies to

Motion

Must include

proposed order

A motion filed with the Clerk must be accompanied by a tendered order, except when the Civil Rules require the Court to make findings of fact in the order sought.

No motion shall be filed in the Clerk's office unless same is accompanied by tendered order for the Court's consideration. This rule shall not apply if the order sought is required by the Civil Rules to contain findings of fact to be made by the Court.

CRITICAL

Applies to

Order or judgment

When a ruling is made or opinion rendered, an Order or Judgment in conformity therewith shall be prepared by the movant or as directed by the Court and signed by counsel for all parties as "Have Seen" that the Order or Judgment is in conformity to the ruling or opinion.

When a ruling is made or opinion rendered, an Order or Judgment in conformity therewith shall be prepared by the movant or as directed by the Court and signed by counsel for all parties as "Have Seen" that the Order or Judgment is in conformity to the ruling or opinion.

CRITICAL

Applies to

Pretrial disclosures

No later than ten days before the pretrial conference, each party must disclose specified trial-related information and materials to all other parties and provide a copy to the court, subject to the privilege and work-product exception.

A. Not later than ten (10) days prior to the pretrial conference each party shall disclose the following material to all other parties with a copy to the court: (1) Name, address and telephone number of any witness whom the party may call at trial together with a copy of any statement of such person or if there is no such statement, a summary of the testimony the person is expected to give. However, no party shall be required to furnish any statement (written or taped) protected by the attorney-client privilege or work product rule. (<) A description, drawing or photograph of any physical evidence which is to be presented at trial. (3) A copy of any document or writing which is to be presented at trial. (4) A brief summary of the qualification of any expert witness the party may call at trial together with a report or statement of any such expert witness which sets forth the subject matter of the expert witnesses' anticipated testimony; the substance of the facts and opinions to which the expert is expected to testify, and a summary of the grounds for each opinion. (5) A statement summarizing each contention in support of every claim or defense which the party will present at trial and a brief statement of the facts upon which the contentions are based. (6) Offers of stipulation.

CRITICAL

Applies to

Discovery motion

Must include

certificate of conference

The moving party shall attach to the motion a certification of counsel that counsel have conferred and that they have been unable to resolve their differences. The certification should detail the attempts of counsel to resolve the dispute.

The moving party shall attach to the motion a certification of counsel that counsel have conferred and that they have been unable to resolve their differences. The certification should detail the attempts of counsel to resolve the dispute.

CRITICAL

Applies to

Certificate of compliance

Each party must file a certificate of compliance with Rule 93 when discovery is complete.

A certificate of compliance with Rule 93 shall be filed by each party upon the completion of discovery.

CRITICAL

Applies to

Diversion report

Before diversion participation is approved, the diversion report must be made available to the County Attorney, the Trial Judge, and the defendant.

Prior to approval for participation in the Diversion Program the diversion report shall be made available to the County Attorney, the Trial Judge, and the Defendant.

CRITICALCriminal cases

Applies to

Motion for pretrial diversion

After charges are filed, the Commonwealth will file AOC Form 347, containing its recommendation, with the Circuit Court Clerk.

after charges are filed, AOC Form 347, styled MOTION FOR PRETRIAL DIVERSION OF A CLASS D FELONY, which contains the Commonwealth's recommendation, will be filed by the Commonwealth with the Circuit Court Clerk

CRITICALCriminal cases

Applies to

Confidentiality agreement

Mental Health Court team members must sign a confidentiality agreement.

(3) Due to the treatment component of Mental Health Court, team members shall sign a confidentiality agreement.

CRITICAL

Applies to

Attorney signed paper

An attorney’s signature block must include the attorney’s clearly legible typewritten name, address, Kentucky Bar Association number, party representation, and office telephone number with area code.

In addition, the clearly legible typewritten name, address, Kentucky Bar Association number and party representation of such attorney, the office telephone number including area code, shall appear as a portion of the signature block.

CRITICAL

Applies to

Virtual attendance request

A virtual attendance request must be made by Motion and Affidavit or by an Agreed Order tendered to and approved by the Court.

The request shall be by Motion and Affidavit, or, by Agreed Order tendered to und approved by the Court;

CRITICAL

Applies to

Diversion report

The court’s Pre-trial Service office must prepare a diversion report containing the specified pretrial, criminal-history, program-participation, employment, residence, and eligibility information.

A diversion report shall be prepared by the Pre-trial Service office of the court and such report shall contain basic pretrial information, record of any past offenses and convictions, record of any prior participation in the diversion program or other 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 Diversion Program.

CRITICAL

Applies to

Master commissioner report

Reports of the Master Commissioner must be filed in the Clerk's Office.

The Reports of the Master Commissioner shall be filed in the Clerk's Office.

CRITICAL

Applies to

Order referring case to master commissioner

The attorney who moved for referral must deliver the referral order to the Master Commissioner's Office.

The attorney who moved to refer an action to the Master Commissioner shall deliver a copy of the Order referring the case to the Master Commissioner to the Master Commissioner's Office.

CRITICAL

Applies to

Appraisal objections

A party objecting to an appraisal must file written objections and arrange a court hearing before the sale date.

Any party to a suit objecting to an appraisal shall file written objections thereto and shall arrange with the Court to have a hearing thereon prior to the date of sale.

CRITICAL

Applies to

Adoption final hearing submission

Before the final hearing, the petitioner must prepare and tender proposed findings and conclusions, a judgment of adoption, a motion to approve fees, and an order to approve fees, unless the Court directs otherwise.

301.02 The petitioner shall have prepared and tendered Findings of Fact and Conclusions of Law; Judgment of Adoption; Motion to Approve Fees; and Order to Approve Fees prior to the final hearing, unless directed by the Court.

CRITICAL

Applies to

Uncontested hearing submission

When the respondent is in default, the petitioner’s attorney must submit an itemized property schedule to the Court for review at the hearing.

When a respondent is in default, the attorney for the petitioner shall submit to the Court an itemized property schedule for review at the time of the hearing.

CRITICAL

Applies to

Report of sale

The report of sale must be filed in the Clerk's Office, placed on the Court's Docket, and called for confirmation at the assigned Division's next motion hour.

Sales shall be held on a day and at a time to be fixed by the Master, and report thereof shall be filed in the Clerk's Office and placed upon the Court's Docket and called for confirmation at the next motion hour of the Division to which the action is assigned.

CRITICAL

Applies to

Final hearing request

A final hearing is scheduled upon a motion to set and a certification of readiness.

301.01 A final hearing shall be scheduled upon a motion to set and certification of readiness.

CRITICALCriminal cases

Applies to

Affidavit of violations

If the judge agrees with a termination recommendation, Mental Health Court staff must file a written Affidavit of Violations on the court-prescribed form requesting termination.

If the Mental Health Court judge agrees with the recommendation of termination, Mental Health Court staff shall file a written Affidavit of Violations on a form prescribed by the Mental Health Court requesting the judge to terminate the participant from Mental Health Court.

CRITICAL

Applies to

Affidavit

A special bailiff's affidavit must specifically set forth the costs, with the mileage and total amount due stated.

Special bailiffs may be compensated as provided in KRS 24A. 170 by setting out the mileage and total amount due the special bailiff, which shall be taxed as costs of the action, upon affidavit of the special bailiff specifically setting for such costs.

CRITICAL

Applies to

Judgment or order

As an alternative, a judgment or order may contain a Have Seen endorsement by all other attorneys of record, signifying only that it conforms to the Court's ruling.

2. Contain a "Have Seen" endorsement of all other attorneys of record. This endorsement shall constitute an acceptance by said counsel only that the order or judgment is in conformity with the ruling of the Court.

CRITICAL

Applies to

Diversion contract

The Diversion Contract must be presented to the trial judge for final approval, and diversion terms commence upon that approval.

The contract shall be presented for final approval to the trial judge, and uon its final approval, the terms of diversion shall commence.

CRITICAL

Applies to

Property and or custody agreement

Counsel must furnish the Circuit Court Judge with a Property and/or Custody Agreement, and both parties or their counsel must tender a Decree of Dissolution for review and signature.

Counsel shall furnish to the Circuit Court Judge a Property and/or Custody Agreement, and both parties or their counsel shall tender for review and signature a Decree of Dissolution.

CRITICAL

Applies to

Fee request

A request for guardian ad litem fees must include an attorney statement defining the date, hours spent, and a general description of services performed.

Such request for fees, however, shall be accompanied by a statement of the attorney defining the date, hours spent and a general description of the services performed.

CRITICAL

Applies to

Motion to set for trial

A motion to set a contested case for trial must state the nature of the action, whether a jury has been demanded, and the estimated trial length.

All motions to set contested cases for trial shall state the nature of the action, whether or not a jury has been demanded, and the estimated length of trial.

CRITICAL

Applies to

Brief pleading memorandum

The hearing place must be designated when there are parties acting pro se.

Additionally, the place of the hearing shall be designated when there are parties acting pro set.

CRITICALCriminal cases

Applies to

Notice of termination

If the Mental Health Court judge determines that the request is knowingly and voluntarily made, the Mental Health Court judge may terminate the participant from Mental Health Court on a form prescribed by the Mental Health Court and refer the case back to the appropriate circuit or district.

If the Mental Health Court judge determines that the request is knowingly and voluntarily made, the Mental Health Court judge may terminate the participant from Mental Health Court on a form prescribed by the Mental Health Court and refer the case back to the appropriate circuit or district.

CRITICAL

Applies to

Financial disclosure statement

The Financial Disclosure Statement must include an income and expense schedule with employment and income information, five years of adjusted gross income, and copies of the corresponding federal tax returns.

The Financial Disclosure Statement (Pre-Trial Memorandum) shall include: 1. Income and Expense Schedule. (a) Employment status including income and deductions therefrom (as shown by wage statements). (b) Any additional sources of income (indicate source). (c) Adjusted gross income for each of the preceding five (5) years as shown by federal income tax returns, copies of which shall be annexed to the schedule.

CRITICAL

Applies to

Pretrial services submission

Before diversion is approved, Pretrial Services must present any comments or opinions from the arresting officer or victim on the offense, diversion, and suggested contract terms to the trial judge.

D. Prior to approval for participation in the Diversion Program, the Pretrial Services Office shall present to the trial judge the comments and opinions, if any, of the arresting officer and/or victim of the alleged crime regarding the nature of the offense, the appropriateness of diversion, and suggested terms of the Diversion Contract.

CRITICALCriminal cases

Applies to

Agreement of Participation

For an eligible defendant, staff must explain the process and participation agreement and request that the defendant sign the prescribed form; the attorney need not be present.

If a defendant is determined to be eligible for assessment, Mental Health Court staff shall thoroughly explain the Mental Health Court process and the Agreement of Participation to the defendant and request that the defendant sign the Agreement of Participation on a form prescribed by the Mental Health Court, with or without the presence of the defendant's attorney.

CRITICAL

Applies to

Financial disclosure statement

The Financial Disclosure Statement must include present monthly expenses and a property schedule identifying the specified marital and non-marital property, debts, values, liens, and legal bases for non-marital designations.

- (d) Present monthly expenses as shown by past expenditures and anticipated additional expenses, if any, upon dissolution of the marriage. Property Schedule. (a) Marital real estate, its fair market value, and any unpaid balance of any liens thereon. (b) Marital personal property values (which exceeds $100.00) and the unpaid balance of any liens thereon. (c) Marital debts and amounts. (d) Non-marital real estate, the unpaid balance of any liens thereon, and the legal basis relied upon to support such a designation. (e) Non-marital personal property, exceeding $100.00, the unpaid balance of any liens thereon, and the legal basis relied upon to support such designation. Non-marital debts.

CRITICAL

Applies to

Default judgment certificate

The default judgment certificate must include the specified certifications and loan-balance information, with additional information when the claim is based on a promissory note or automobile property damage.

DEFAULT JUDGMENT CERTIFICATE Plaintiff, by counsel, certifies that: A. No papers have been served on plaintiff's counsel by the defendant(s) in default. B. Defendant(s) were served on C. The balance due on the loan is as follows: (a) The amount of the original obligation is: (0) The amount paid by defendant (s) to be deducted from the original obligation İs: $ (c) If there is a small loan, the amount of unearned interest' rebate to be deducted pursuant to KRS 288.530(6) is: $ (d) The balance due from defendant's is: $ (e) If the balance due on line (d) above is different from the amount sought in the Default Judgment, the reason is: D. If the basis of plaintiffs claim is a Promissory Note, the original note has previously been filed herein or is filed herewith. If not, the reason is: E. If the basis of plaintiff(s) claim is property damage to an automobile, a copy of the repair estimate or other document evidencing the damages sought in the Complaint, with a statement that the repair estimate does not exceed the fair market value of the automobile.