Kenton Circuit Court Document Filing Requirements

CRITICAL

Applies to

Temporary child support motion

A temporary child support motion must include a Child Support Worksheet and the moving party's affidavit stating the number of children and the parties' incomes.

This motion must be accompanied by a Child Support Worksheet and an Affidavit of the moving party setting forth the number of children of the marriage and the income of the parties.

CRITICAL

Applies to

Motion

Each motion must include a supporting memorandum unless it is a routine motion, such as a motion for an extension of time; failure to include one may be grounds for denial.

Except for routine motions, such as for extensions of time, each motion shall be accompanied by a supporting memorandum. Failure to do so may be grounds for denying the motion.

CRITICAL

Applies to

Record statement

If the County Attorney refuses consent to diversion, the reasons must be stated on the record.

B. Consent of the County Attorney to the Person's participation in the Diversion Program shall not be unreasonably withheld. If the County Attorney refuses to consent to the person's participation in the Diversion Program, he/she shall state on the record the reasons therefore.

CRITICAL

Applies to

Order

If counsel or a party declines or fails to respond to an endorsement request, the preparing counsel must file the order with a certification stating that it was tendered and the date of tender.

Should counsel or party decline or fail to respond to a request to endorse the 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 declined or failed to respond to a request to make the endorsement and the date of such tender.

CRITICAL

Applies to

Hearing notice

If a hearing is set on less than ten days' notice, the notice must certify the parties' reasons for the shorter notice.

A ten (10) day notice of the hearing date is required unless the parties certify in the notice reasons for a hearing on lesser notice.

CRITICAL

Applies to

Motion to assign trial date

A motion to assign a trial date must appear on the designated motion docket for the county.

B. A motion to assign a Trial date shall appear as follows: 1. On the motion docket of the Circuit Court Judge in Kenton County. 2.On the motion docket of the Domestic Relations Commissioner in Boone and Gallatin Counties. 2. On the motion docket of the Circuit Court Judge in Campbell County.

CRITICALCriminal cases

Applies to

Notice of termination

A Notice of Termination shall be signed by the Mental Health Court judge on a form prescribed by the

A Notice of Termination shall be signed by the Mental Health Court judge on a form prescribed by the

CRITICAL

Applies to

Petition

The reviewing judge must indicate in the petition’s Court Action section whether the resulting 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 theiCourt 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

Report and award

All Board members must sign the report and award, and a dissenting member must write “Dissents” before their signature.

The report and award shall be signed by all of the members of the Board. In the event all three members do not agree on the finding and award, the dissenting member shall write the word "Dissents" before his signature.

CRITICALCriminal cases

Applies to

Assessment and eligibility materials

The assessment, Notice of Eligibility, and other pertinent information must be completed and submitted to the Mental Health Court team before the defendant's next scheduled court appearance.

The assessment, the Notice of Eligibility and any other pertinent information regarding the defendant shall be completed and submitted to the Mental Health Court team prior to the defendant's next scheduled court appearance.

CRITICALCriminal cases

Applies to

Mental health court documents

When any listed Mental Health Court document is used, staff must file a copy with the appropriate clerk for the underlying criminal case record.

Upon utilization of any of the following documents, a copy of such documents) shall be filed by the Mental Health Court staff with the appropriate court clerk for entry into the court record of the underlying criminal offense: (a) Order referring to Mental Health Court; (b) Notice of Eligibility; (c) Order transferring to Mental Health Court; (d) Affidavit of violations; and, (e) Orders of Termination, graduation, or administrative discharge.

CRITICAL

Applies to

Property agreement or affidavit

A final hearing date may not be assigned until the Court receives a Property Agreement or separate Affidavit indicating full financial disclosure, equitable terms, and that the agreement was not signed under duress.

A Final hearing date shall not be assigned unless the Property Agreement or a separate Affidavit is presented to the Court indicating that the parties have made a Full Financial Disclosure and that the terms of the agreement are equitable and the Agreement has not been signed under duress.

CRITICAL

Applies to

Motion

Must include

certificate of service

A review-hearing motion must explain why the hearing is necessary, include any affidavits deemed appropriate, and certify that notice was served on necessary parties or counsel.

The party requesting the review shall provide a motion with a clear statement of why a review hearing is necessary and attach any affidavits deemed appropriate. The movant shall be responsible to certify notice of the motion was served on all necessary parties or their counsel.

CRITICAL

Applies to

Default judgment motion

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 be accompanied by a certificate of the attorney that no papers have been served upon him/her by the party in default.

CRITICAL

Applies to

Certificate of service

Must include

certificate of service

A certification of service must list all parties, the method of service, and the identifying information used for that service.

A certification of service shall include the names of all parties (including current counsel and pro se litigants) and the method of service (e.g. via mail, email, or electronic via Filing, as appropriate) and the identifying information used for service (e.g. if by mail, the complete address, or if the rule permits by email, then the complete email address).

CRITICAL

Applies to

Initial petition

Where appropriate, the Petition must include a completed fiduciary bond form with the amount blank and the proposed personal representative’s qualifications.

There shall be filed with the Petition, where appropriate, a completed fiduciary bond form (with the amount left blank) and qualifications for the proposed personal representative.

CRITICALCriminal cases

Applies to

Notice of termination

The Notice of Termination must use the Mental Health Court’s prescribed form and include a copy of the Affidavit of Violations.

A Notice of Termination shall be signed by the Mental Health Court judge on a form prescribed by the Mental Health Court, and a copy of the Affidavit of Violations shall be attached.

CRITICALCivil cases

Applies to

Order terminating parental rights

When a termination order is entered, a copy must be certified to the underlying dependency, neglect, and abuse case record, and the order must identify that case.

If an order terminating parental rights is entered, a copy of the order shall also be certified to the record in the underlying dependency, neglect and abuse case which shall be identified in the order.

CRITICAL

Applies to

Discovery objection

An objection to an answer or failure to answer must include the full interrogatory or request, any answer, and the reasons and grounds for the objection.

When an objection is filed to an answer or failure to answer an interrogatory or a request it shall set out the interrogatory or request in full, the answer, if any, thereto and the reasons and grounds for the objection.

CRITICAL

Applies to

Trial exhibit list

At trial commencement or the preceding pre-trial, each party's counsel must tender an exhibit list to the Court and opposing counsel that gives each intended exhibit's pre-marked number and a short description.

At the commencement of a civil trial, or at the pre-trial next preceding the commencement of a civil trial, each party's counsel shall tender to the Court and to opposing counsel, a list of all exhibits the party then intends to utilize at trial; the list shall contain the pre-marked number and a short description of the exhibit.

CRITICAL

Applies to

Motion

A motion for assignment of a final hearing must include a final Financial Disclosure Statement, which may use a court-adopted standardized format.

A final hearing (trial date) shall not be assigned unless the Motion is accompanied by a final Financial Disclosure Statement. (This may be in a standardized format adopted by the courts).

CRITICAL

Applies to

Diversion contract

After diversion approval, the accused must meet with a Diversion Officer and establish a contract specifying its conditions, referral services, duration, and any required restitution or community service.

A. Upon approval of participation in the Diversion Program, the accused shall meet with a Diversion Officer to establish and agree to a formal contract which will specify the conditions required, the referral services to be used, the length of the contract, and the need, if any, for the accused to make required restitution or perform community service.

WARNING

Applies to

Report of recommendations

The report should include an appropriate entry stating whether the notice requirement was waived.

Care should be taken to include the appropriate entry relative to the presence or absence of a waiver of the notice requirement set forth in CR 53.06(2).

WARNING

Applies to

Diversion termination statement

A Divertee may voluntarily terminate participation by submitting a written statement.

At any time the Divertee may voluntarily choose to be terminated from the Diversion Program by submitting a written statement indicating same.

WARNING

Applies to

Uniform statewide form

Uniform statewide forms must be modified to show the applicable Boone, Campbell, Gallatin, or Kenton District Court title.

Uniform state-wide forms shall be modified to reflect the Court title as Boone, Campbell, Gallatin or Kenton District Court.

WARNING

Applies to

Motion

A motion generally may not state that it will be heard at the Court’s convenience; a permanent-custody-change motion is excepted and the Court will set a hearing or overrule it after review.

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 hearing or overrule the motion as being insufficient to justify a hearing.

WARNING

Applies to

Minority report

A minority report shall not be required unless the arbitrator elects to submit the same due to unusual circumstances.

A minority report shall not be required unless the arbitrator elects to submit the same due to unusual circumstances.

WARNING

Applies to

Candidate letter

Candidates seeking to fill a roster vacancy must timely submit a letter to the Chief Judge or designee stating that they meet the Rules’ minimum requirements.

The vacancy shall be filled from among those candidates who timely submit a letter to the Chief Judge of the Kenton District Court or the Judge's designee reciting that the candidates meet the minimum requirements of these Rules.

WARNING

Applies to

Judgment or order

The Court may, in its discretion, require a Have Seen endorsement by all other attorneys of record, which signifies only conformity with the Court's ruling.

3. The Court in its discretion may require that all orders or judgments tendered 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.

WARNINGCivil cases

Applies to

Motion docket

An attorney objecting to a pre-ruling must initial the designated section of the motion docket.

There will be a section on the motion docket for an attorney to initial if he or she objects to the pre-ruling.

WARNING

Applies to

Motion

Motions other than motions to set a case for trial must recite authority.

All motions, other than motions to set for trial, must recite authority.

WARNING

Applies to

Decree of dissolution

If counsel submits a dissolution decree for the Commissioner’s review, both parties or their counsel must have the opportunity to submit decrees for consideration.

If Counsel is to submit a decree of dissolution for the Domestic Relations Commissioner's review, then in that event, both parties or their counsel shall have the opportunity to submit decrees for his/her consideration.

WARNING

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.

WARNING

Applies to

Fee application

A fee application must be supported by an accompanying statement; the text ends before specifying further details.

Persons appointed as Guardians and Attorneys pursuant to the provisions of KRS 620.100, as above, shall be entitled to a fee as authorized by the provisions of KRS 620.100 and CR 17.03(5), which application for a fee, however, shall be supported by the accompanying statement as provided

WARNINGCriminal cases

Applies to

Plea agreement

The diversion plan should be submitted to the Court as part of the plea agreement.

The diversion plan should be submitted to the Court as part of a plea agreement.

WARNING

Applies to

Motion

Civil motions, except those that may be heard ex parte, and motions to set contested civil actions for trial must appear on the Motion Docket.

All civil motions, other than one which may be heard ex parte, and all motions to set contested civil actions for trial, shall appear on the Motion Docket.

WARNING

Applies to

Judgment or order

The Court may exempt a particular order or judgment from all or part of Rule 12 because of the number of parties or other exceptional circumstances, by endorsing the exemption on it.

B. Because of the number of parties in an action or for any other exceptional circumstances the Court, in its discretion, may exempt a particular order or judgment from the application of this RULE in whole or in part by endorsing said exemption on it.

WARNINGCriminal cases

Applies to

Confidentiality agreement

A non-team member may attend staffing only when extraordinary need exists, the judge approves, and the person first signs a confidentiality agreement.

If there is an extraordinary need for a non-team member to attend, upon approval by the Mental Health Court judge, the non-team member shall be allowed to attend the staffing, but only after signing a confidentiality agreement.

INFOCivil cases

Applies to

Local standards

Local standards are recommended to incorporate relevant best-practices standards from the American Bar Association and/or the National Council of Juvenile and Family Court Judges.

Local standards should incorporate American Bar Association and/or National Council of Juvenile and Family Court Judges best practices standards.

INFO

Applies to

Motion or petition

Where appropriate, an Order should be presented with a Motion or Petition.

Where appropriate, an Order should be presented with a Motion or Petition.

INFO

Applies to

Disclosure statement

If full disclosure is objected to pending the final hearing, the disclosure statement may be sent directly to the party or counsel without filing it with the court.

In the event a full disclosure is objected to, pending tinal hearing, the disclosure statement may be sent directly to the party, or their counsel, without filing with the court.

INFO

Applies to

Child support worksheet

Counsel are encouraged, but not required, to provide a joint worksheet when possible.

Counsel are encouraged to provide a joint worksheet if possible.