Knott Circuit Court Document Filing Requirements

CRITICALCriminal cases

Applies to

Order of pretrial diversion

The diversion order must require the Defendant to obey all rules and regulations imposed by Probation and Parole.

Require Defendant to obey all rules and regulations imposed by Probation and Parole .

CRITICAL

Applies to

Pleading

All pleadings must provide the personal identifying information required by the specified Kentucky statutes.

In addition, all pleadings must comply with the requirements of KRS Chapters 205, 403, 405, 406 and 407 by providing the personal identifying information required in those chapters.

CRITICALCriminal cases

Applies to

Commonwealth recommendation

The Commonwealth must provide the Court with a written recommendation for every diversion application.

The Commonwealth shall make a written recommendation to the Court in response to each application.

CRITICAL

Applies to

Financial disclosure statement

A Final Hearing may not be scheduled until all parties have submitted a Financial Disclosure Statement, if applicable.

No matter shall be scheduled for Final Hearing until all parties have submitted Financial Disclosure Statement, if applicable.

CRITICAL

Applies to

Expert witness identification

Attorneys or self-represented parties must identify intended expert witnesses within 30 days of the Final Hearing.

The Attorneys or parties, if pro se litigants, shall identify any Expert Witnesses they intend to call to testify at the Final Hearing within 30 days of the Final Hearing.

CRITICAL

Applies to

Mediation agreement

a. Handwritten or recorded mediation agreements must be typed and signed by all parties and their counsel, if any, within ten (10) working days.

a. Handwritten or recorded mediation agreements must be typed and signed by all parties and their counsel, if any, within ten (10) working days.

CRITICAL

Applies to

AOC Form 280

When an action is submitted for final adjudication, counsel or unrepresented parties must file AOC Form 280 with the judge, Family Court Clerk, and Administrative Office of the Courts.

In accordance with SCR 1.050(8), when any action stands submitted for final adjudication, counsel or unrepresented parties shall file an AOC Form 280 with the Judge, Family Court Clerk and Administrative Office of the Courts.

CRITICAL

Applies to

Mediation outcome report

At the conclusion of mediation, the mediator must report its outcome without comment to the Court and the Family Court Judge's Office.

1. At the conclusion of mediation, the mediator shall report without comment to the Court and the Family Court Judge's Office as to the outcome of the mediation, (i.e. a full agreement, partial agreement or mediation terminated).

CRITICAL

Applies to

Dispositional hearing submission

If siblings have been separated, CHFS must explain the reasons at the dispositional hearing.

In addition, if the siblings have been separated, CHFS shall explain the reasons for the separation.

CRITICAL

Applies to

Dispositional hearing submission

At the dispositional hearing, CHFS must provide the required FCRPP 28 information using form DNA 12.

At the dispositional hearing CHFS shall provide the court with the information required pursuant to FCRPP 28 by completing form DNA 12.

CRITICALCriminal cases

Applies to

On record statement

A county attorney who refuses consent to a defendant’s participation must state the reasons on the record.

If the county attorney refuses to consent to a defendant's participation in the program, he or she shall state on the record the reasons therefore.

CRITICALCriminal cases

Applies to

Order of pretrial diversion

The diversion order must include restitution if applicable.

Restitution, if applicable .

CRITICALCriminal cases

Applies to

Commonwealth recommendation

When recommending diversion, the Commonwealth must submit written recommendations on 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

Final hearing exhibits

Attorneys or self-represented parties must produce intended Final Hearing exhibits within 30 days of the hearing.

The Attorneys or parites, if pro se litigants, shall also produce any documents they intend to submit as Exhibits at the Final Hearing within 30 days of the Final Hearing.

CRITICALCriminal cases

Applies to

Diversion contract

Upon referral, the defendant must meet with a pretrial officer to establish a contract specifying the court-ordered conditions, services, length, and any required restitution, treatment, 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 species the court ordered conditions, the referral services to be used, the length of the contract, and if required, the need for the defendant to make restitution, enter/complete a treatment program, or perform community services. The contract shall commence upon approval by • the trial judge.

CRITICAL

Applies to

Case data information sheet

A Case Data Information sheet, Form AOC-FC-3, must be filed with the petition.

A Case Data Information sheet shall be filed with the petition (Form AOC-FC-3).

CRITICAL

Applies to

Permanency hearing report

CHFS must complete and submit a Permanency Hearing Report to the Court 72 hours before the court date.

At the Permanency Hearing/Review, CHFS shall complete a Permanency Hearing Report and submit same to the Court 72 hours preceding the Court date.

CRITICAL

Applies to

Appearance waiver or agreement

An unrepresented party signing and acknowledging an appearance and waiver or agreement must do so before a notary.

Any unrepresented party who signs and acknowledges an appearance and waiver or agreement shall do so before a notary.

CRITICAL

Applies to

Mediation submissions

The parties must provide the mediator with a financial-disclosure supplement and a statement defining the mediation issue and describing special problems.

The parties shall exchange and provide to the mediator, in no less than five (5) working days prior to the mediation conference, the following: 1. Supplement to financial disclosure statement regarding any material change. 2. A short statement including definition of the issue to be addressed by the mediator and a brief narrative statement of any special problems affecting

CRITICAL

Applies to

Motion

A person seeking an order to release confidential video records must file a written motion stating the request’s purpose and give notice to all parties, including the child’s Guardian ad Litem, if any.

An individual requesting a judicial order must file a written motion, with notice to all parties, including the child's Guardian ad Litem, if any, and set forth the purpose for the request.

CRITICAL

Applies to

Attorney statement

An attorney seeking access to a paternity file must sign a statement limiting what may be disclosed to the client, and the file information remains confidential and privileged regardless of representation.

Pursuant to KRS 406.035, the attorney seeking permission to review and/or copy the paternity file shall sign a statement that the order of judgment is the only information which may be shared with the client and that all other information in the case cannot be disclosed to the client, including information relating to domestic violence or child abuse as well as the addresses of the parties. Regardless of the subsequent representation or non-representation of the party, any information contained in such file is confidential and subject to the attorney-client privilege.

CRITICAL

Applies to

Motion

All filed motions must bear original signatures, except motions submitted by the Judge for filing.

All Motions filed must have original signatures, except when submitted by the Judge for filing.

CRITICAL

Applies to

Petition

A petition must cite the statute and facts supporting jurisdiction, provide full information about the child's parents and their addresses, and describe diligent efforts to locate the parents, including contacting the Child Support Division.

Any petition filed with this Court shall comply with the following conditions: 1. Citations to specific statute and factual allegations relied upon in asserting the Court's jurisdiction; and 2. Full information concerning the child's parents and their addresses). The petitioner shall make diligent efforts to locate the child's parents, including but not limited to, initiating contact with the Child Support Division of the Floyd, Knott, or Magoffin County Attorney's Office.

CRITICALCriminal cases

Applies to

Order of pretrial diversion

The diversion order must prohibit the Defendant from committing an offense during diversion and direct compliance with applicable statutory and court-imposed conditions.

As required by KRS 533 .030(l) [conditions of probation- restitution], direct the Defendant not to commit any offense during the period of the pretrial diversion . Specifically, direct the Defendant to comply with any other provision of KRS 533 .030 or any other condition the Court deems appropriate .

CRITICAL

Applies to

Status quo order motion

The Status Quo Order motion must state that the respondent has ten days to object to entry of the order.

The Motion must state that the Respondent has ten days to file an objection to entry of said Order.

CRITICALCriminal cases

Applies to

Order of pretrial diversion

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

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

CRITICAL

Applies to

Agreement or agreed order

Agreements and Agreed Orders must include the correct mailing and/or email addresses for attorneys and parties.

All Agreements and Agreed Orders shall contain the correct mailing and/or e-mail addresses for the attorneys and parties.

CRITICAL

Applies to

Paternity case file access release

a party's signed and notarized release authorizing an attorney to inspect the party's paternity case file

a party's signed and notarized release authorizing an attorney to inspect the party's paternity case file

CRITICAL

Applies to

Motion for compensation

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

B. Motions for Compensation shall be accompanied by an Affidavit stating: 1. The Statutory basis for the appointment. 2. The hours of service rendered with a brief description of the services rendered and reasonableness of the fee requested; and 3. That the action or proceeding has been concluded.

CRITICAL

Applies to

Pleading motion or other filing

Must include

case number

Every filed pleading, motion, or other paper must include the case number and the signing attorney’s or party’s typed or printed name, address, telephone number, and email address.

Every pleading, motion and any other paper filed in the record by counsel or party shall contain the case number, typed or printed name, address, telephone number and e-mail address of the attorney or party signing the paper.

CRITICALCriminal cases

Applies to

Pretrial report

After the diversion contract is completed, the pretrial officer must submit the report and contract for approval, and the report must include the specified background and eligibility information.

2. Following completion of the diversions contract, the pretrial officer shall submit a pretrial report and the contract for approval to trial judge. The report shall contain basic pretrial information, record of any past offenses and conviction, 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.

CRITICALCriminal cases

Applies to

Speedy trial waiver statement

Upon approval, the defendant must sign a statement waiving the right to a speedy trial and must be given an opportunity to consult with an attorney before signing.

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

CRITICALCriminal cases

Applies to

Order of pretrial diversion

The diversion order must specify the duration of diversion.

Duration of the diversion.

CRITICAL

Applies to

Divorce education program attendance notification

The notice requiring attendance at the Divorce Education Program must include a session schedule and brochure.

A schedule of sessions and brochure shall accompany this notification of requirement to attend.

CRITICAL

Applies to

Family court case data sheet

A fully completed Family Court Case Data Sheet is required in every case.

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

CRITICALCriminal cases

Applies to

Pretrial diversion application

The diversion application process must include counsel’s statement and the Defendant’s on-record agreement to waive speedy-trial or disposition rights if diversion is granted.

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

CRITICAL

Applies to

Judicial order request

A person requesting an order to release an in-chambers child-interview video must give the judge a written explanation identifying the requested portion and the request’s specific purpose.

An individual requesting a judicial order must provide the Family Court Judge a written explanation for the request which specifically indicates the portion of the video record being requested is an in-chamber interview with a child and specific purpose for the request.

WARNING

Applies to

Pleading motion or other filing

A rubber stamp does not qualify as a signature under this rule or CR 11.

A rubber stamp shall not be deemed a signature either under this Rule or CR 11.

WARNING

Applies to

Motion to submit dissolution for final decree

Attorneys or parties may submit a dissolution matter for final decree directly to the Judge off-docket, with the specified executed notices, waivers, financial disclosures, settlement agreement, and jurisdictional deposition.

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

INFO

Applies to

Final disclosure statement

A party may adopt the Preliminary Disclosure Statement as the Final Disclosure Statement if there have been no changes and the Court has been notified.

A parties' 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.

INFO

Applies to

Status quo order request

If the petitioner has not requested a Status Quo Order, the respondent may seek one at the initial appearance or file a motion under the rule.

If a Status Quo Order is not requested by the Petitioner, the Respondent may also seek a Status Quo Order at the initial court appearance or may file a motion as directed in this rule.

INFO

Applies to

Status quo order motion

In the 31st and 36th Judicial Circuits, a motion requesting a Status Quo Order may be filed with the petition.

However, in the 31s and 36"h Judicial Circuits, a Motion Requesting Entry of the AOC 237, Status Quo Order, may be filed with the Petition.