Larue County Circuit Court, Kentucky Document Filing Requirements

CRITICAL

Applies to

Commissioner report

A Commissioner's report must state the Commissioner's recommendations and include findings of fact and conclusions of law when required by law.

The Commissioner shall prepare a Report of his/her recommendations to the Court on any matter submitted to him/her within sixty (60) days, including findings of fact and conclusions of law where required by law.

CRITICAL

Applies to

Pleadings

Pleadings must provide the personal identifying information required by KRS Chapters 205, 403, 406, and 407.

All pleadings must comply with the requirements of KRS Chapter 205, 403, 406 and 407 by providing the personal identifying information required by those chapters.

CRITICAL

Applies to

Pendente lite child support motion

A pendente lite child-support motion must include the filing party's most recent wage information, the minor child's insurance cost information, and any child-care information.

Any pendente lite motion for child support shall be accompanied by the filing party's most recent wage information, cost ofminor child's insurance information and child care information, if any.

CRITICAL

Applies to

Order setting child support form

The AOC-152 must also be used in conjunction with the child support order form.

NOTE: The AOC-152 must also be used in conjunction with this form pursuant to FCRPP 9(2).

CRITICALCriminal cases

Applies to

Mental health court documents

When used, the listed Mental Health Court documents must be filed by Mental Health Court staff with the appropriate court 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.

CRITICALCriminal cases

Applies to

Pretrial diversion application

When applying for pretrial diversion, defense counsel must state and the defendant must agree on the record 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

Order

Every order must be accompanied by a tendered Commissioner’s Report recommending that the presiding Judge sign the order.

All Orders shall be accompanied by a tendered "Report" ofthe Commissioner recommending that the "Order" be signed by the presiding Judge.

CRITICAL

Applies to

Pleading

All pleadings must provide the personal identifying information required by the cited KRS chapters.

2. All pleadings must comply with the requirements of KRS Chapter 205, 403, 406 and 407 by providing the personal identifying information required by those chapters.

CRITICAL

Applies to

Pendente lite child support motion

When the filing party has both parties' wage information, a pendente lite child-support motion must include a completed Child Support Worksheet.

In cases where both parties' wage information is available to the filing party, the motion shall also be accompanied by a completed Child Support Worksheet.

CRITICALCriminal cases

Applies to

Affidavit of administrative discharge

If the team determines administrative discharge is appropriate, staff must complete an Affidavit of Administrative Discharge and provide it to the Mental Health Court judge.

If the Mental Health Court team determines that administrative discharge is appropriate, the Mental Health Court staff shall complete an Affidavit of Administrative Discharge to provide to the Mental Health Court judge.

CRITICAL

Applies to

Marital property disclosure form

The filer must list the specified plans and attach a copy of the most recent summary.

iv. List retirement, pension, stock option and profit sharing plans (attach a copy of most recent summary) :

CRITICAL

List all claimed non-marital property and state the basis for each non-marital claim.

List all non-marital property of every kind, whether real property or personal items, and the basis for the claim that such is non-marital (obtained prior to marriage, purchased with funds from sale of items obtained prior to marriage, inheritance, etc .).

CRITICAL

Applies to

Motion

A motion to submit an uncontested action must include proposed findings and a proposed Commissioner's Report.

Any motion to submit any uncontested action must be accompanied by (a) the proposed "Findings of Fact, Conclusions of Law, Judgment and Decree" which the moving party desires the Court to adopt ; (b) a proposed Report of the Commissioner recommending adoption of the proposed "Findings of Fact, Conclusions of Law, Judgment and Decree," and, the Commissioner's Fee of $15.00.

CRITICAL

Applies to

Marital property disclosure form

The filer must list any and all business interests or ownership.

v. List any and all interest in/ownership ofbusiness :

CRITICAL

Applies to

Pendente lite child support motion

A pendente lite child-support motion must include proof of the minor child's insurance cost and any child-care cost.

In addition to the requirements contained in FCRPP 9(4), any pendente lite motion for child support shall be accompanied by filing proof of the cost of the minor child's insurance and the cost of child care, if any.

CRITICAL

Applies to

Marital property disclosure form

The filer must list all stocks, bonds, and other securities.

ii. List all stocks, bonds and other securities :

CRITICAL

Applies to

Pretrial conference submission

The parties or counsel must provide and file an offer of stipulated facts before the pre-trial/settlement conference.

Prior to such conference the parties or their counsel shall provide and file the following: (a) An offer of stipulated facts.

CRITICAL

Applies to

Marital property disclosure form

The form asks the filer to specify any special needs of the children.

E. SPECIAL NEEDS : Specify any special needs of the children:

CRITICALCriminal cases

Applies to

Assessment and notice of eligibility

After the defendant executes the Agreement of Participation, staff must complete the prescribed assessment and Notice of Eligibility forms and submit them with other pertinent information to the Mental Health Court team before the defendant's next scheduled court appearance.

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. After completing the assessment, Mental Health Court staff shall complete a Notice of Eligibility form on a form prescribed by the Mental Health Court. The assessment, the Notice of Eligibility form, 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.

CRITICAL

Applies to

Agreed judgment or separation agreement

An agreed judgment or separation agreement providing for child support must attach the child support worksheet and the applicable IV-D or Friend of the Court Order.

Any agreed judgment or separation agreement providing for a child support obligation shall include as an attachment thereto a Commonwealth of Kentucky Worksheet for Monthly Child Support Obligation along with a copy of the IV-D Order or the Friend of the Court Order, whichever applies.

CRITICAL

If the filer is under a prior court order to pay child support, the filer must attach a copy of that order.

If yes, attach a copy of the order to pay child support .

CRITICAL

List all remaining household property in dispute, including assets for which no written division agreement has been reached.

HOUSEHOLD PROPERTY IN DISPUTE: List all remaining household property not previously shown that is in dispute . If an agreement has not been reached in writing for the division of assets, you must list the assets .

CRITICALCriminal cases

Applies to

Order of pretrial diversion

The Order of Diversion must address applicable restitution, supervision status and fees, duration, compliance with Probation and Parole rules, and the defendant's obligation not to commit offenses and to comply with other specified or court-imposed conditions.

The Order of Diversion shall include : l. 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 regulation imposed by Probation and Parole. 5. As required by KRS 533.030(1) [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 .

CRITICALCriminal cases

Applies to

Confidentiality agreement

Mental Health Court team members must sign a confidentiality agreement.

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

CRITICAL

Applies to

Marital property disclosure form

For multiple real-estate parcels, the filer must attach a sheet for additional properties and include mobile homes in this section.

A. REAL ESTATE : (Where more than one parcel of real estate is owned, attach a sheet for all additional properties. Include mobile homes in this section .)

CRITICALCriminal cases

Applies to

Notice of termination

The circuit court clerk must file the Notice of Termination in the official record.

The Notice of Termination shall be filed in the official record by the circuit court clerk, who shall serve notice of the Notice of Termination on the parties, their attorneys, and probation and parole.

CRITICALCriminal cases

Applies to

Notice of eligibility

If a defendant refuses to sign the Agreement of Participation, staff must notify the referring judge using the court-prescribed Notice of Eligibility form.

If a defendant refuses to sign the Agreement of Participation, Mental Health Court staff shall notify the referring judge by utilizing the Notice of Eligibility form prescribed by the Mental Health Court.

CRITICAL

Applies to

Child support order

For every child support order, the parties must direct the Circuit Clerk's Office under the “DISTRIBUTION” heading to seal the order.

In regard to all child support orders, the parties shall provide directions to the Circuit Clerk's Office under the "DISTRIBUTION" heading to seal the child support order. See Local Rule 901(C.).

CRITICAL

Applies to

Mediation agreement

A mediation agreement must be written and signed by the parties; the parties draft it, although the mediator may assist with their consent.

If any agreement is reached during the mediation, it shall be reduced to writing and signed by the parties. The parties shall be responsible for drafting the agreement, although the mediator may assist in the drafting of the agreement with the consent of the parties.

CRITICAL

Applies to

Pendente lite child support motion

If the filing party has both parties' wage information, a pendente lite child-support motion must include a completed Child Support Worksheet.

In cases where both parties' wage information is available to the filing party, the motion shall also be accompanied by a completed Child Support Worksheet.

CRITICAL

Applies to

Marital property disclosure form

The filer must list all life insurance policies.

vi . List all life insurance policies:

CRITICAL

Applies to

Waiver of mandatory case disclosure

Parties who wish to waive filing verified disclosure statements must execute the Waiver of Mandatory Case Disclosure form attached in Appendix C.

If the parties wish to waive the filing of the verified disclosure statements, the parties shall execute the Waiver of Mandatory Case Disclosure" form which is attached hereto in Appendix "C".

CRITICAL

Applies to

Marital property disclosure form

The filer must list the specified cash and accounts and attach the most recent bank statement for each account.

i. List all cash on hand, checking and savings accounts, certificates of deposit and money market accounts (attach a copy ofmost recent bank statements from each account) :

CRITICAL

Applies to

Pretrial conference submission

Before the conference, the parties or counsel must provide and file a statement confirming settlement discussions and describing the current status of negotiations.

Prior to such conference the parties or their counsel shall provide and file the following: (d) Counsel's or party's statement that he or she has conferred with opposing counsel and/or parties for the purpose of considering the possibility of settlement, and indicating the current status of negotiations relative to the possibility of settlement.

CRITICAL

Applies to

Complaint

In a county-attorney-initiated paternity or IV-D action, a respondent seeking custody or time-sharing/visitation must file a complaint; a counterclaim or other motion seeking that relief will not be considered.

no counterclaim or other motion to request custody or time-sharing/visitation in such an action will be considered by the Court. In this instance, the respondent must file a complaint to request custody and/or time-sharing/visitation

CRITICAL

Applies to

Protective order petition

Protective-order petitions under KRS Chapters 403 or 456 must use form AOC-275.1 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-275.1, and shall be accepted and filed with the court.

CRITICAL

Applies to

Child support order

For every child support order, the parties must direct the Circuit Clerk's Office under the DISTRIBUTION heading to seal the order.

4. In regard to all child support orders, the parties shall provide directions to the Circuit Clerk's Office under the 'DISTRIBUTION" heading to seal the child support order. See Local Rule 901(C.).

CRITICAL

Applies to

Agreed pendente lite child support order

An agreed order setting pendente lite child support must include a completed Child Support Worksheet.

Any agreed order setting pendente lite child support, shall be accompanied by a completed Child Support Worksheet.

CRITICAL

Applies to

Pre trial compliance statement

Pre-trial compliance statements must list and copy all exhibits that may be used at trial, and attach them when feasible.

Not later than 60 days prior to the trial date, all parties shall file pre-trial compliance statements, the contents of which shall be as follows, to-wit : (a) All exhibits which may be used at trial shall be listed and copied, and if feasible, shall be attached to the pre-trial statement.

CRITICALCriminal cases

Applies to

Order of diversion

A referral through diversion may be made under approved local procedures only after an order of diversion has been entered.

An order of diversion: referral to Mental Health Court may be made utilizing approved local diversion procedures but only after an order of diversion has been entered.

CRITICAL

Applies to

Pleading

Must include

case number

A pleading must contain the case number to be filed by the Clerk.

Any pleading not containing the case number thereon shall not be filed by the Clerk.

CRITICAL

The husband must attach a copy of the most recent child-care billing when reporting his child-care costs.

i . The husband pays child care costs in the amount of $ (monthly) to . (Attach copy of most recent billing .)

CRITICALCriminal cases

Applies to

Written recommendation

When recommending diversion, the Commonwealth must submit written recommendations stating 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 conditions for the pretrial diversion as well as the appropriate sentence to be imposed if the diversion agreement is unsuccessful . KRS 533.253(3).

CRITICAL

If the filer is under a court order to pay maintenance in this case, the filer must attach a copy of the maintenance order.

If yes, attach a copy of the maintenance order.

CRITICAL

Applies to

Motion for trial

A motion for trial must certify the estimated length of the hearing.

A motion for trial shall certify the estimated length of time required for the hearing

CRITICAL

Applies to

Marital property disclosure form

The filer must list all assets held in the name of or on behalf of the children.

iii. List all assets held in the name ofor on behalf of children :

CRITICALCriminal cases

Applies to

Written order of referral

Mental Health Court staff determine eligibility for assessment upon receipt of a written referral order from a judge.

Upon receipt of a written order of referral from a judge, Mental Health Court staff shall determine whether a person is eligible for assessment using the following criteria.

CRITICAL

Applies to

Motion for trial

A motion for trial must be accompanied by a Commissioner's Report in the form set forth in Appendix 1.

The motion shall be accompanied by a Commissioner's Report as set forth in Appendix 1

CRITICAL

Applies to

Agreed order

An agreed order setting pendente lite child support must be prepared in accordance with FCRPP 9(2) and Local Rule 703.

Any agreed order setting pendente lite child support shall be prepared in accordance with FCRPP 9(2) and Local Rule 703 herein.

CRITICAL

Applies to

Pre trial statement

The pre-trial statement must identify the issues of fact to be litigated.

Issues of fact to be litigated