Knox County Circuit Court, Kentucky Document Filing Requirements

CRITICAL

Applies to

Order or judgment

After the Judge signs an order or judgment, it must be delivered to the Clerk for entry.

When signed by the Judge, the order or judgment shall be delivered to the Clerk for entry.

CRITICALCriminal cases

Applies to

Pretrial diversion application

In applying for pretrial diversion, defense counsel must make a statement and the defendant must agree on the record, but the required statement is incomplete in the source.

In applying for pretrial diversion, cotlnhel for the d@Nndant rnuSt state, and the defendant must: agree on' the `record, that in the event diversion is

CRITICAL

Applies to

Order or judgment

When the Court requests an order or judgment, counsel must submit it with a cover letter explaining its basis and specifying whether it conforms to a ruling or is proposed.

If the Court requests counsel to submit an order or judgment, the same shall be submitted with a or judgment has been requested by the Court and is being submitted to conform to a ruling the Court has made, then the cover letter shall so specify. If, however, an order or judgment has been requested by the Court and is being submitted as a PROPOSED order or judgment, then the cover letter shall so specify.

CRITICAL

Applies to

Tax bill

If funds will be disbursed to taxing authorities, a copy of each pertinent tax bill must be furnished to the Commissioner.

(2) If disbursements are to be made to taxing authorities, a copy of the pertinent tax bill(s) must be furnished to the Commissioner.

CRITICAL

Applies to

Report of sale and cost of sale

After making a sale, the Master Commissioner must file a Report of Sale and Cost of Sale with the Court.

The Master Commissioner, after making the sale, shall report any actions to the Court by filing a Report of Sale and Cost of Sale.

CRITICALCivil cases

Applies to

Mediator report

At the conclusion of mediation, the mediator must report that the process has ended and, if the parties reach no agreement on any matter, report that lack of agreement to the Court.

(4) At the conclusion of cases accepted for mediation, the mediator shall report to the Court the fact that the mediation process has ended. If the parties do not reach an agreement as to any matter as a result of mediation, the mediator shall report the lack of an agreement to the Court.

CRITICAL

Applies to

Joint statement

The parties must submit a joint statement identifying resolved and unresolved issues within 10 days after mediation ends when some issues settle or the parties reach other agreements.

If some but not all of the issues in the case are settled during mediation or if agreements are reached to limit discovery or on any other matter, the parties shall submit a joint statement to the Court enumerating the issues that have been resolved and the issues that remain for trial. This statement shall be submitted within 10 days of the termination of mediation.

CRITICAL

Applies to

Notice of hearing

A motion hearing notice must specify the hearing date, time, and place.

The notice shall specify the date, time, and place for the hearing.

CRITICAL

Applies to

Order confirming sale

An order confirming the sale, with copies, must be submitted to the Court when the sale is deemed confirmed.

Ten (10) days after the filing of the report, if no objections have been filed thereto, and with motions, the sale shall be deemed confirmed and an order confirming the sale (with copies) shall be submitted to the Court.

CRITICALCriminal cases

Applies to

Diversion order

The diversion order must address applicable restitution, supervision and fees, duration, compliance with Probation and Parole rules, and the specified conduct conditions.

The Order of Diversion shall include : 1. Restitution, if applicable . 2. Whether the diversion shall be supervised or unsupervised (and include supervision fees, if applicable .) 3. Duration of the diversion . 4. Require defendant to obey all rules and regulations imposed by Probation and Parole . 5. 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 .

CRITICALCivil cases

Applies to

Preliminary verified disclosure statement

A Preliminary Verified Disclosure Statement (AOC-238) must be filed in the record unless both parties execute an agreement and enter it in the record.

Pursuant to FCRPP2(3), Preliminary Verified Disclosure Statements, AOC-238, is required to be filed in the record unless an agreement, executed by both parties is entered in the record.

CRITICAL

Applies to

Notice of cancellation

If the property is withdrawn from sale or the defendant property owner files for bankruptcy relief, the sale must be canceled and the Commissioner must give notice of cancellation.

In the event the property is withdrawn from sale, or if the defendant property owner files for relief in Bankruptcy, the sale shall be canceled and the Commissioner shall give notice of cancellation of the sale.

CRITICAL

Applies to

Order

The order must contain a short statement of the grounds for its issuance and the specified warning that failure to appear will result in an arrest warrant.

C. No order shall come on for hearing unless it has been served on the person named in the order by an officer authorized to serve a summons. 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 A WARRANT FOR YOUR ARREST WILL ISSUE."

CRITICAL

Applies to

Protective order petition

Petitions seeking protection under KRS Chapters 403 or 456 must use form AOC-275.1 and be accepted and filed with the court.

A. All petitions requested, completed and signed by persons seeking protection under KRS Chapter 403 and KRS Chapter 456 shall be made on form AOC-275.1, and shall be accepted and filed with court. KRS 403.725, KRS 456.030.

CRITICALCivil cases

Applies to

Mediator notice

The mediator must promptly notify the Court when a case is not accepted for mediation.

(1) The mediator shall notify the Court promptly when a case is not accepted for mediation.

CRITICAL

Applies to

Motion

A motion going to the merits must include a memorandum stating its grounds and citing the authorities relied upon.

All motions going to the merits of the case, including motions to dismiss, motions for summary judgment, motions to strike, and motions under CR 12.02, shall be filed at least 10 days prior to motion hour and accompanied by a brief memorandum of the grounds for the motion with citation of authorities relied upon, but not greater than 25 pages in length.

CRITICALCivil cases

Applies to

Settlement order

(3) If a case is settled prior to or during mediation, an attorney for one of the parties shall prepare and submit to the Court an order reflecting the fact of settlement, as in any other case, or the mediator may prepare a mediation agreement which shall be signed by the parties and filed in the record.

(3) If a case is settled prior to or during mediation, an attorney for one of the parties shall prepare and submit to the Court an order reflecting the fact of settlement, as in any other case, or the mediator may prepare a mediation agreement which shall be signed by the parties and filed in the record.

CRITICAL

Applies to

Agreed order

An agreed order on a docketed motion must be signed by counsel for all affected parties and state its basis; if submitted to the Clerk before the docket is called, counsel need not attend the call.

If an agreed order, signed by counsel for all parties affected, relating to a motion appearing on the Motion Docket is submitted to the Clerk prior to the call of the Motion Docket, counsel need not attend the call of the Motion Docket. The agreed order shall set forth the basis for the order.

CRITICAL

Applies to

Petition

The judge reviewing an order-of-protection petition must indicate in its “Court Action” section whether the action is a domestic violence action or an interpersonal protective order action.

B. The judge reviewing a petition for an order of protection shall indicate in the "Court Action" section of the petition wherher the resulting action is a domestic violence action under KRS Chapter 403 or an interperson protective order action under KRS Chapter 456.

CRITICAL

Applies to

Motion for pretrial conference

A party seeking assignment of a civil jury trial date must file a motion for a pretrial conference.

A. A party desiring assignment of a civil jury trial date shall file a motion for a pre-trial conference.

CRITICAL

Applies to

Order referring case to master commissioner

An attested copy of the referral order must be delivered to the Master Commissioner.

An attested copy of the order referring the case to the Master Commissioner shall be delivered to the Master Commissioner.

CRITICAL

Applies to

Summons

If a case is reassigned or transferred, the issuing judge must reissue a summons until the receiving judge can hear the matter.

Ifreassignment or transfer occurs, the issuing judge shall reissue a summons until the matter may be heard by the receiving judge.

CRITICAL

Applies to

Default judgment motion

Must include

proposed order

The party seeking default judgment must place the entire case record, the motion, and a proposed judgment in the appropriate division's orders/judgment basket in the Clerk's office.

The party seeking the default judgment shall cause the entire record in the case, the motion, and a proposed judgment to be placed in the appropriate division's orders/judgment basket in the Clerk's office.

CRITICAL

Applies to

Order or judgment directing sale or deed

An order or judgment directing a sale or deed must include the property's description and location, the parties whose interests are conveyed, and the source of title.

Every order or judgment of this Court directing the commissioner to sell property or to execute or deliver a deed shall contain: (1) the legal description of the property including a street address (or if it has no street address, a brief identification of its location and size); (2) the name of the party or parties whose interest is being sold or conveyed; and (3) the source of the party's or parties' title.

CRITICAL

Applies to

Motion

Every motion other than one that may be heard ex parte must appear on the Motion Docket.

Every motion, other than ones which may be heard ex parte, shall appear on the Motion Docket.

CRITICAL

Applies to

Pleading

Only one original draft may be file-stamped and placed in the official record.

Only one original draft shall be file-stamped and placed in the official record of the Circuit Court Clerk;

CRITICALCriminal cases

Applies to

Written recommendation

The Commonwealth must submit a written recommendation to the Court for each application.

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

CRITICALCivil cases

Applies to

Pleading

All pleadings must provide the personal identifying information required by KRS Chapters 205, 403, 405, and 407.

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

CRITICAL

Applies to

Withdrawal request

Before withdrawing as counsel for a defendant appealing a conviction, retained trial counsel must obtain the Court’s permission and prepare and file the listed appellate documents, including the specified documents when applicable.

B. Retained trial counsel shall secure permission of the Court before withdrawing as counsel for shall be the responsibility of retained trial counsel to prepare and file the following: (1) Notice of appeal pursuant to RCr 12.04; (2) Motion, affidavit, and order for leave to appeal in forma pauperis, if applicable; (3) Designation of record on appeal; and, (4) An order substituting the Office of Public Advocacy as counsel on appeal, if applicable.

CRITICAL

Applies to

Settlement order

If a case settles before or during mediation, an attorney for one of the parties must prepare and submit an order reflecting the settlement.

If a case is settled prior to or during mediation, an attorney for one of the parties shall prepare and submit to the Court an order reflecting the fact of settlement as in any other case.

CRITICAL

Applies to

Motion

Proposed orders must not be filed or submitted with a motion unless the Court requests one.

Proposed Orders shall not be filed or submitted with a motion, unless requested by the Court.

CRITICAL

Applies to

Discovery motion

Must include

certificate of conference

A discovery-dispute motion must include counsel’s certification that they conferred and could not resolve the dispute; the certification should detail their resolution attempts.

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

Judgment or order

Before submitting a covered judgment or order to the Court, the submitting party must send it with the record to the Commissioner for certification; the Commissioner then delivers it to the Court for approval and entry.

All judgments or orders directing the sale of property by the Master Commissioner, directing the disbursement of monies held by the Commissioner, or directing the delivery of a deed must, prior to submission thereof to the Court, be submitted along with the record to the Commissioner for certification that the same complies with all applicable statutes and rules. The Commissioner shall then deliver the judgment or order to the Court for approval and entry.

CRITICAL

Applies to

Pleading

The Circuit Court Clerk is to file only original drafts of pleadings.

The Circuit Court Clerk is to file only original drafts of pleadings;

CRITICAL

Applies to

Order or judgment

An order or judgment conforming to a ruling must be attested by counsel for all parties and presented to the Court; if the opposing party is unrepresented or its counsel declines to attest, that fact must be endorsed on the document.

When a ruling is made or opinion rendered, an order or judgment in conformity therewith shall be attested by counsel for all parties thereto as in conformity to the ruling or opinion, and shall be presented to the Court. If the party against whom the order or judgment is to be entered is not represented by counsel, or represented by counsel who declines to attest the order or judgment, such fact shall be endorsed thereon.

CRITICAL

Applies to

Sale advertisement

Before a sale, the Master Commissioner must publish an advertisement meeting KRS 424.120 that states the sale time, terms, place, and property description, once weekly for at least three consecutive weeks before the sale.

(1) Before conducting a sale, the Master Commissioner shall advertise in a newspaper meeting the requirements of KRS 424.120, the time, terms, and place of sale, together with a description of the property to be sold. Said advertisement shall appear once a week for at least three consecutive weeks next preceding the date of sale.

CRITICAL

Applies to

Pleadings motions and other documents

Attorneys and self-represented parties must sign all pleadings, motions, and other such documents presented to the Circuit Court Clerk.

CR 11 requires an attorney or a party representing himself or herself pro se to sign all pleadings, motions, and other such documents presented to the Circuit Court Clerk.

CRITICAL

Applies to

Mediator report

At mediation's conclusion, the mediator must report that the process ended and, if there is no agreement, report that fact without comment or recommendation; with the parties' consent, the report may identify matters whose resolution could facilitate settlement.

At the conclusion of cases accepted for mediation, the mediator will report to the Court the fact that the mediation process has ended. If the parties do not reach an agreement as to any matter as a result of mediation, the mediator shall report the lack of an agreement to the Court without comment or recommendation. With the consent of the parties, the mediator's report may also identify any pending motions, outstanding legal issues, discovery process or other action by any party which, if resolved or completed, would facilitate settlement.

CRITICAL

Applies to

Opposition

A party properly served with a merits motion and supporting memorandum must file an opposition memorandum stating its grounds and citing supporting authorities.

Any party properly served with a motion accompanied by a memorandum of grounds and authorities shall file a response containing a memorandum of grounds opposing the motion, with citation of supporting authorities, but not greater than 25 pages in length.

CRITICALCriminal cases

Applies to

Written recommendation

When recommending diversion, the Commonwealth must provide written recommendations on the 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 the conditions for the pretrial diversion, as well as the appropriate sentence to be imposed if the diversion agreement is unsuccessful .

CRITICAL

Applies to

Order of distribution

An order distributing funds held by the Commissioner must state all amounts collected, identify the recipients, and specify the amount due to each.

(1) Orders requiring distribution of funds held by the Commissioner shall set forth all amounts collected, identify the proper recipients(s), and the specific amounts due each under the Judgment or order.

CRITICAL

Applies to

Written motion

The defendant’s attorney appearing at arraignment must attend the pretrial conference and submit the written motions expected to be offered in the case.

C. The attorney appearing for the defendant at arraignment shall be in attendance at the pretrial conference and shall submit such written motions, which are expected to be offered in the case.

WARNING

Applies to

Motion

A party seeking a show cause order in a contempt proceeding should file a motion supported by an affidavit showing entitlement to the order.

A. To obtain a show cause order in proceedings for contempt, a party should file a motion supported by an affidavit showing the party is entitled to the Order.

WARNING

Applies to

Order or judgment directing sale

The order or judgment directing a sale may adopt the stated sale terms by reference to this rule or restate them.

The terms and conditions herein above set out may be adopted by reference to this rule in the order or judgment directing the sale, or shall be restated therein.

WARNINGCivil cases

Applies to

Mediator referral

After accepting a case, the mediator may refer it back to the Court for good cause, which must be in writing.

(2) At any time after a case has been accepted, the mediator may refer it back to the Court for good cause, which shall be in writing.

WARNING

Applies to

Default judgment motion

A party seeking a judgment by default under CR 55.01 shall file a written motion therefore. The motion should certify that the opposing party has been served with process and has served no papers upon the moving attorney. The motion should also state whether the opposing party is in the military service.

A party seeking a judgment by default under CR 55.01 shall file a written motion therefore. The motion should certify that the opposing party has been served with process and has served no papers upon the moving attorney. The motion should also state whether the opposing party is in the military service.

INFOCriminal cases

Applies to

Diversion order

A diversion order may include drug- and alcohol-free requirements with random testing, restrictions on Penal Code or Controlled Substances Act violations, and a prohibition on possessing firearms or other deadly weapons.

The Order of Diversion may include : 1. That the petitioner remain drug and alcohol free and be subject to random testing . 2. That the petitioner have no violation of the Penal Code or the Controlled Substances Act . 3. That the petitioner possess no firearm or any other deadly weapon .

INFO

Applies to

Agreed order

Parties may resolve discovery disputes out of court by submitting an agreed order signed by counsel for all affected parties, without a supporting motion or placement on the Motion Docket.

Out-of-Court resolutions of discovery disputes may be effectuated by submitting to the Court an agreed order signed by counsel for all affected parties. No supporting motion is necessary and the matter need not be placed on the Motion Docket.