Kenton Circuit Court Document Filing Requirements

CRITICAL

Applies to

Initial financial disclosure affidavit

The initial financial disclosure affidavit must outline, to the party’s best knowledge, the parties’ assets, debts, and earnings.

The affidavit shall, to the best of the party's knowledge, outline the parties assets, debts and earnings.

CRITICAL

Applies to

Brief pleading memorandum

Each brief, pleading, or memorandum must identify filing counsel by name, address, Kentucky Bar Association number, party representation, and telephone number with area code.

A. Name of Counsel. All briefs, pleadings and memoranda filed with the Court shall include the name, address, Kentucky Bar Association number, party representation and telephone number, including area code, of the attorney of record for the party filing them.

CRITICAL

Applies to

Discovery objection

Every discovery objection must state its reasons and grounds.

In all cases of objection, the replying party shall state the reason and grounds for the objection.

CRITICAL

Applies to

Final settlement

A photocopy of the Kentucky Inheritance Tax acceptance must accompany each final estate settlement, except for an informal settlement filed under KRS 395.605.

A photocopy of the Kentucky Inheritance Tax acceptance shall be filed with all final settlements of decedent's estate. 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

Affidavit

Appointment of a special bailiff may be sought upon the moving party's affidavit.

Special bailiffs may be appointed upon the affidavit of the moving party pursuant to KRS 454.145.

CRITICAL

Applies to

Dismissal notice

The Clerk must give written notice of prospective dismissal to counsel or a pro se litigant when no pretrial step has occurred in the past year, allowing 30 days to show good cause by affidavit.

The Clerk shall cause a written Notice to be given to each attorney of record, or litigant if pro set, of every case in which no pre-trial step has been taken within the last year, that the case will be dismissed without prejudice in thirty (30) days for want of prosecution except for good cause shown by affidavit.

CRITICAL

Applies to

Special terms submission

Upon approval for diversion, the County Attorney must present to the trial judge any special contract terms the County Attorney believes should be included or that the arresting officer or victim requested.

G. Upon approval for participation in the Diversion Program, the county attorney shall present to the trial judge any special terms, if any, which he/she believes should be included in the Diversion Contract, or which the arresting officer and/or victim have requested to be included in the Diversion Contract.

CRITICALCriminal cases

Applies to

Diversion application

The diversion request must be accompanied by a waiver of speedy-trial or speedy-disposition rights, which counsel must state and the defendant must agree to on the record.

In applying for pretrial diversion, counsel for the defendant must state, and the defendant must agree on the record, in the event diversion is granted, any right to a speedy trial or disposition of the charge against him/her is waived. The waiver must accompany the written request for diversion .

CRITICAL

Applies to

Final hearing submission

Attorneys and self-represented litigants appearing at the final hearing must prepare the Findings of Fact and Conclusions of Law and Decree of Dissolution and tender them before testimony begins.

Attorneys or pro se litigants appearing at the final hearing shall prepare the Findings of Fact and Conclusions of Law and a Decree of Dissolution to be tendered to the Court prior to testimony being taken.

CRITICALCriminal cases

Applies to

Agreement of participation

All potential Mental Health Court participants must sign a written Agreement of Participation before eligibility is determined.

(2) "Agreement of Participation" means the written agreement required to be signed by all potential mental health court participants prior to the determination of eligibility for Mental Health Court.

CRITICALCriminal cases

Applies to

Notice

Pretrial Services and/or Detention Center staff must provide the defendant a written notice with contact information for scheduling the drug-treatment screening upon release.

Additionally, a written Notice to Contact Pre-trial and Life Learning Center to schedule drug treatment screening with appropriate contact information shall be provided to the defendant by Pretrial Services and/or Detention Center Stall upon release.

CRITICALCriminal cases

Applies to

Diversion order

The diversion order must include restitution if applicable, and restitution is mandatory when the victim has suffered monetary damage.

Restitution, if applicable . [Made mandatory by KRS 533.254 where victim has suffered monetary damage] .

CRITICAL

Applies to

Child support hearing submission

Each party must provide a completed child-support worksheet to the Judge or Commissioner immediately before the hearing, consistent with the proof the party intends to introduce.

Each party shall furnish to the Judge or Commissioner immediately prior to any child support hearing, a completed Worksheet for Monthly Child Support Obligations conforming to the proof the party intends to introduce.

CRITICAL

Applies to

Default judgment motion

A party seeking a judgment by default shall file a written motion for such a judgment. The motion must be accompanied by a certificate of the attorney that no papers have been served upon him/her by the party in default. The motion must also be accompanied by a tendered default judgment for the Court's consideration.

A party seeking a judgment by default shall file a written motion for such a judgment. The motion must be accompanied by a certificate of the attorney that no papers have been served upon him/her by the party in default. The motion must also be accompanied by a tendered default judgment for the Court's consideration.

CRITICAL

Applies to

Motion to set for trial

Filing a motion to set a case for trial certifies that counsel considers the case 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

Child support order

Every AOC-152 child support order must state how uncovered medical, dental, and optical expenses are divided.

All AOC-152 Child Support Orders must also state the division of uncovered medical/dental/optical expenses.

CRITICAL

Applies to

Motion

Motions may be made orally during trial in chief; all other motions must be written and accompanied by a legal memorandum.

Motions may be made orally during the progress of trial in chief, but all other motions must be in writing and accompanied by legal memorandum.

CRITICAL

Applies to

Motion

Motions other than ex parte motions for injunctive relief must be noticed for a motion docket or a hearing date directed by the Court, unless an exception applies.

All other motions shall be noticed for hearing on a motion docket or hearing date as directed by the Court, unless a rule, statute, or court order provides otherwise.

CRITICAL

Applies to

Court docket entry

Upon approval for diversion, the trial judge must note on the Court docket any special terms required for the Diversion Contract.

H. Upon approval for participation in the Diversion Program, the trial judge shall note on the Court docket any special terms which he/she is requiring to be included in the Diversion Contract.

CRITICAL

Applies to

Motion to compel discovery

A motion to compel must include a certificate of compliance with the good-faith requirement and copies of the relevant discovery requests, responses, and written communications.

Any motion to compel shall include a certificate of compliance certifying satisfaction of the good faith requirement and shall attach copies of the relevant discovery requests, responses, and written communications.

CRITICALCivil cases

Applies to

Training completion proof

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

Court-appointed counsel shall provide proof that he or she has completed the required training to the appointing authority in each Circuit or District to remain eligible for appointments

CRITICAL

Applies to

Agreed order

When an agreed order involves one or more pro se parties, each pro se party’s signature must be notarized.

When submitting an Agreed Order where one or more of the parties is pro se, the pro se party's signature(s) must be notarized.

CRITICAL

Applies to

Settlement

A settlement must state whether it is periodical or final, except when an informal settlement is filed under KRS 395.605.

All settlements shall include the following: Whether the settlement is periodical or final. 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

Notice of appeal

An appellant must file a notice of appeal accompanied by an affidavit stating that the appeal is not being taken for delay.

The appellant shall file with the Clerk a notice of appeal accompanied by an Affidavit within thirty (30) days that the appeal is not being taken for delay.

CRITICAL

Applies to

Decree or settlement agreement

Counsel must ensure that any child-support decree or Settlement Agreement includes appropriate provisions for wage assignment and/or collection of support through the County Child Support Division.

Counsel shall insure that the appropriate provisions with respect to the entry of a wage assignment and/or collection of support through the County Child Support Division is included in any decree or Settlement Agreement pertaining to child support.

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, shall 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, shall 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

Proposed order

The written settlement or continuance notification must include a proposed Order identifying the scheduled trial or hearing date and removing the matter from the Court's calendar.

Upon settlement of any case or request for a continuance where a trial or hearing has been scheduled, counsel shall promptly notify the Clerk and Court in writing by submission of a proposed Order identifying the scheduled trial or hearing date and removing the matter from the Court's calendar.

CRITICAL

Applies to

Diversion contract

The Diversion Contract must include any special terms required by the trial judge.

The Diversion Contract shall contain any special terms required by the trial judge.

CRITICAL

Applies to

Motion

A motion must state its 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.

CRITICAL

Applies to

Motion to confirm report

The Master must file and notice a motion to confirm the report for the assigned Division's Motion Docket, with at least ten days between service of notice of the report's filing and the hearing.

The Master shall file a Motion to Confirm the Report and shall notice same for the Motion Docket of the Division to which the action is assigned, provided ten (10) days have lapsed between service of the notice of the filing of the Report and the hearing or the Motion to Confirm the Report.

CRITICAL

Applies to

Report of recommendations

The Domestic Relations Commissioner must prepare a report of recommendations to the Court on matters submitted for consideration.

The Domestic Relations Commissioner shall prepare a report of his/her recommendations to the Court upon matters submitted to him/her, pursuant to CR 53.06(1).

CRITICAL

Applies to

Motion

Must include

proposed order

A motion 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

Pleading

Pleadings must identify their authorship under Civil Rule 11; an interested natural person may submit papers without being an attorney but must sign them and state an address.

All pleadings shall contain the authorship thereof in accordance with Civil Rule 11 except that a natural person who has an interest in an estate, either as beneficiary or personal representative, may present such papers even though he or she is not an attorney at law, however such person shall sign his pleadings, motions or other paper and state his address, pursuant to CR 11.

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, shall 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, shall 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

Summons and petition

The petitioner's attorney must notify the client of the parental-education obligation and attach the specified brochure to the summons and petition.

The attorney representing the petitioner shall notify his or her client of this obligation, and shall attach a copy of the brochure "Parents are For Good" to the summons and petition in order that the respondent receives notification of this obligation.

CRITICAL

Applies to

Show cause order

A show cause order must state briefly the grounds for issuance and include the specified warning about arrest if the person fails to appear.

The Order shall contain a short statement of the grounds for its issuance and the following statement: "IF YOU FAIL TO APPEAR AT THE HEARING, AN ORDER FOR YOUR ARREST WILL ISSUE."

CRITICAL

Applies to

Decree

The Decree must contain language appropriate to fulfill the requirements of KRS 403.215 and KRS 403.465.

The Decree shall contain language appropriate to fulfill the mandates of KRS 403.215 and KRS 403.465.

CRITICALCriminal cases

Applies to

Transfer order

After admission is determined and the defendant accepts, the referring judge must complete a transfer order specifying whether the transfer covers all further proceedings or only Mental Health Court proceedings.

Upon a determination of admission to Mental Health Court, and upon the defendant's acceptance of the offer to enter Mental Health Court, the referring judge shall complete an order transferring the case to Mental Health Court. The order shall indicate whether the case shall be transferred for all further proceedings or for proceedings relating to Mental Health Court only.

CRITICAL

Applies to

Motion

Each motion seeking a show cause order must contain a certification of the movant’s prefiling attempt to resolve the issue.

d. All motions seeking issuance of a Show Cause Order shall contain a certification that the movant attempted to resolve the issue with the other party prior to filing of the motion.

CRITICAL

Applies to

Judgment or order

Every judgment or order presented for signature must contain the scrivener's typed name and signature.

A. All judgments and orders presented to the Court for signature shall contain the scrivener's typed name and signature and:

CRITICAL

Applies to

Default judgment motion

A request for default judgment must be made by written motion accompanied by the attorney’s certificate about service and a tendered default judgment.

A party seeking a judgment by default shall file a written motion for such a judgment. The motion must be accompanied by a certificate of the attorney that no papers have been served upon him/her by the party in default. The motion must also be accompanied by a tendered default judgment for the Court's consideration.

CRITICALCivil cases

Applies to

AOC-DNA-11 form

Each roster attorney must assist the Court in obtaining AOC-DNA-11 forms from people who may qualify for court-appointed counsel.

18. Each attorney on the rosters shall assist the Court in obtaining AOC-DNA-11 forms from those who may qualify for court-appointed counsel, per FCRPP 35 - 38.

CRITICAL

Applies to

Income information

The income information to be exchanged must include complete income tax returns with all schedules for the three previous calendar years, though the listed materials are not exhaustive.

Appropriate income information shall include, but not necessarily be limited to, 1) complete income tax returns with all schedulcs for the three previous calendar years;

CRITICAL

Applies to

Child support order

A child support order deviating from the Guidelines must state the deviation amount and basis and include a completed worksheet showing the correct Guidelines amount, signed by both parties.

All Child Support Orders which are a deviation from the Child Support Guidelines shall state the amount of and the specific basis for the deviation and shall include a completed child support worksheet with the correct Guidelines amount and said child support worksheet shall be signed by both parties.

CRITICAL

Applies to

Notice accompanying estimate

A party offering an estimate must send it with a statement about repairs and, if repairs were made, a receipted bill showing the repairs and amount paid.

(a) Procedure in Case of Estimate. In the case of an estimate, the party intending to offer the estimate shall forward with his or her notice to the adverse party together with the copy of the estimate a statement indicating whether or not the property was repaired, and if it was, whether the estimated repairs were made in full or part, attaching a copy of the receipted bill showing the items of repair made and the amount paid.

CRITICAL

Applies to

Brief pleading memorandum

A filing that cites an out-of-state case or non-Kentucky statute must furnish the cited authority to the Court.

D. Cases from Other Jurisdictions. Whenever a brief, pleading or memoranda filed in the Court contains a citation to a case outside the Commonwealth of Kentucky or to a statute other than a Kentucky statute, a copy of the cited case or statute shall be furnished to the Court.

CRITICAL

Applies to

Judgment

After the appeal period, the prevailing party must prepare a judgment for submission to the assigning judge.

Subsequent to the time for appeal, the prevailing party shall prepare a judgment, which shall be submitted to the assigning judge.

CRITICAL

Applies to

Motion to compel discovery

A motion to compel must specifically identify each disputed discovery request, the alleged deficiency in each response, and how the response fails to comply with CR 26 through CR 36.

The motion shall set forth with specificity each discovery request at issue and the alleged deficiency in each response, including how the response fails to comply with CR 26 through CR 36.

CRITICAL

Applies to

Proof of liability insurance

A private probation company must provide proof of liability insurance and keep it current annually to be approved to provide services to the court.

Unless it first provides and keeps current on an annual basis proof of liability insurance in an amount to be determined sufficient by the Chief Justice of the Kentucky Supreme Court;

CRITICAL

Applies to

Initial financial disclosure affidavit

An initial financial disclosure affidavit must be filed when the Verified Petition for Dissolution is filed, whether the dissolution is contested or uncontested.

At the time the Verified Petition for Dissolution is filed pursuant to KRS 403.150, in either a contested or uncontested dissolution, an initial financial disclosure affidavit shall also be filed.