Larue County Circuit Court, Kentucky Document Filing Requirements

CRITICALCriminal cases

Applies to

Affidavit of violations

If the judge agrees to the termination recommendation, staff must file a written Affidavit of Violations on the prescribed form.

If the Mental Health Court judge agrees with the recommendation of termination, Mental Health Court staff shall file a written Affidavit of Violations on a form prescribed by the Mental Health Court requesting the judge to terminate the participant from Mental Health Court.

CRITICALCriminal cases

Applies to

Written ineligibility notice

If a defendant is ineligible, Mental Health Court staff must notify the referring judge in writing using the court-prescribed form.

If a defendant is determined to be ineligible for Mental Health Court, Mental Health Court staff shall inform the referring judge in writing using the form prescribed by the Mental Health Court.

CRITICAL

Applies to

Interrogatories and responses requests for admissions and answers or objections

Interrogatories and responses, and requests for admissions and their answers or objections, must be filed of record with the Circuit Clerk.

Pursuant to these local rules, all interrogatories and responses thereto and all requests for admissions and answers or objections thereto shall be filed of record in the office of the Circuit Clerk.

CRITICAL

Applies to

Witness list

All parties must file a witness list identifying the name, address, and telephone number of each expected witness at least 14 days before the final hearing.

Not later than fourteen (14) days prior to the final hearing, all parties shall file the following: 1. Witness List: A list which identifies the name, address, and telephone number of any person that is expected to be called as a witness.

CRITICAL

Applies to

Verified disclosure statement

The schedule calls for applicable copies of the listed financial and related documents as separate attachments.

IX. REQUIRED SEPARATE ATTACHMENTS : I have attached to this schedule applicable copies of A. My most recent Federal and State Tax Return (Form 1040) . B. My five (5) most recent pay stubs or earnings for three (3) months. C. A copy of my most recent child care billing. D. A copy of any real estate appraisals &/or PVA printout. E. A copy ofmy bank statements since separation . F. A copy of my most recent retirement plan summary . G. A copy of my tracing documents . H. A copy ofmy child support order on prior born children. I. A copy ofmy maintenance order. J. A copy ofmy work schedule.

CRITICAL

Applies to

Pendente lite child support motion

If the filing party has both parties' wage information, the pendente lite child-support motion must also 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

Pre trial statement

Parties claiming damages must itemize them and identify damages calculable from objective data.

All parties making claims for damages shall itemize their claimed damages, and shall specify those damages which can be calculated from objective data.

CRITICAL

Applies to

Trial brief

In jury cases, counsel must file trial briefs and requests for instructions on the first day of trial.

In jury cases, counsel shall file trial briefs and request for instructions on the first day oftrial.

CRITICAL

Applies to

Mediation report

The mediator must report the mediation outcome to the court and may, with the parties’ consent, identify matters that could facilitate settlement.

The mediator shall report to the court the outcome of said mediation. With the consent of the parties, the mediator may also identify those matters which, if resolved or completed, would facilitate the possibility of settlement.

CRITICALCriminal cases

Applies to

Agreement of participation

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

"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.

CRITICAL

Applies to

Marital property disclosure form

The filer must list all specified vehicles and recreational property, including their PVA or NADA assessed value and amounts owed as of separation.

C. AUTOMOBILES, ETC. : List all automobiles of every kind, motorcycles, mopeds, four- wheelers or the likes, all boats, motors and trailers, and all other recreational vehicles of every kind, including the PVA assessed value or NADA value and amounts owed as of the date of separation.

CRITICAL

Applies to

Verified disclosure statement

If the form lacks space, additional information must be provided on exhibits that become part of the statement and are covered by the party’s oath.

If there is not sufficient space on this form to provide all of the information necessary, please attach additional sheets as exhibits, which shall be made a part of this Verified Disclosure Statement, as if included verbatim therein and covered under the oath of the party.

CRITICAL

Applies to

Verified disclosure statement

Every question must be answered fully or marked “NONE” or “NOT APPLICABLE” (N/A).

ALL QUESTIONS ON THIS FORM MUST BE ANSWERED IN FULL OR THE WORDS "NONE" OR "NOT APPLICABLE" (N/A) INSERTED.

CRITICALCriminal cases

Applies to

Written recommendation

The Commonwealth must make a written recommendation to the Court; the sentence continues beyond this excerpt.

The Commonwealth shall make a written recommendation to the Court in

CRITICAL

Applies to

Verified disclosure statement

The Verified Disclosure Statement must be sworn to under oath and under penalty of perjury.

The completed Verified Disclosure Statement, sworn to under oath and under penalty of perjury, shall be filed by both parties with the Circuit Court Clerk within thirty days of the filing of the Petition for Dissolution of Marriage .

CRITICAL

Applies to

Exhibit list

All parties must file a list identifying exhibits that may be introduced into evidence at least 14 days before the final hearing; the list must be attached to the pre-trial statement if feasible.

Not later than fourteen (14) days prior to the final hearing, all parties shall file the following: 2. Exhibit List: A list which identifies any exhibits that may be introduced into evidence, and if feasible, shall be attached to the pre-trial statement. FCRPP 3(4).

CRITICALCriminal cases

When applying for pretrial diversion, defense counsel must state on the record, and the defendant must agree, that granting diversion waives any right to a speedy trial or disposition of the charge.

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.

CRITICALCriminal cases

Applies to

Notice of termination

The circuit 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 clerk.

CRITICAL

Applies to

Commissioners report

The Commissioner's Report must be filed with the Clerk of the Court.

The Commissioner's Report shall be filed with the Clerk of the Court

CRITICALCriminal cases

Applies to

Notice of termination

The judge must sign the Notice of Termination on the prescribed form, with a copy of the Affidavit of Violations attached.

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.

CRITICAL

Applies to

Separation agreement or agreed judgment

A separation agreement or agreed judgment establishing child support must attach the Kentucky child-support worksheet and the applicable N D Order or FOC Order.

Any Separation agreement or agreed judgment 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 ofthe N D Order or the FOC Order, whichever applies .

CRITICALCriminal cases

Applies to

Notice of termination

After the judge signs the Notice of Termination, the circuit clerk must file it in the official record.

Upon signature of the Notice of Termination by the Mental Health Court judge, the case shall be referred back to the appropriate circuit or district for further proceedings. The Notice of Termination shall be filed in the official record by the circuit clerk.

CRITICAL

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

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

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 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

Arraignment order

At arraignment, the court must enter an order setting the case for a pre-trial conference and trial.

At arraignment, an order shall be entered setting the case for pre-trial conference and for trial.

CRITICAL

Applies to

Trial brief

In nonjury cases, counsel must provide trial briefs on the first day of trial.

In nonjury cases, counsel shall provide trial briefs and proposed findings of fact and conclusions of law on the first day of trial.

CRITICAL

Applies to

Petition

The 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.

B. The judge reviewing a petition for an order of protection shall indicate in the Court 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

Verified disclosure statement

The VDS must use the attached form in Appendix 2.

The disclosure statement shall be in the attached form. (Appendix 2) .

CRITICAL

Applies to

Summons

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

If reassignment or transfer occurs, the issuing judge shall re-issue a summons until the matter may be heard by the receiving judge.

CRITICAL

Applies to

Mediation agreement

Any agreement reached during mediation must be put in writing and signed by the parties.

If any agreement is reached during the mediation, it shall be reduced to writing and signed by the parties.

CRITICAL

Applies to

Pre trial statement

The pre-trial statement must list all potential trial witnesses and expert witnesses with their addresses and telephone numbers.

All witnesses and expert witnesses who may be used at trial shall be listed, along with their addresses and telephone numbers

CRITICAL

Applies to

Statement of income and deductions

The statement must include the filer’s last federal and state tax returns and five weeks of employer wage statements, or documented earnings evidence for the last three months.

Please attach your last Federal and State Income Tax Returns and wage statements from your employer for the last five (5) weeks, or documented evidence of earnings for the last three (3) months.

CRITICAL

Applies to

Pre trial statement

The pre-trial statement must state the plaintiffs’ claims and legal theories.

A statement of the claim or claims of plaintiffs, including legal theories.

CRITICAL

Applies to

Pre trial statement

For each expert witness who has not been deposed, the pre-trial statement must describe the expected subject matter, facts and opinions, and grounds for each opinion.

Also, as to each expert witness who has not been deposed, the pre-trial statement shall state the subject matter on which the expert is expected to testify and shall state the substance of the facts and opinions to which the expert is expected to testify and a summary ofthe grounds for each opinion

CRITICAL

Applies to

Child support order form

The AOC-152 must be used in conjunction with this form.

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

CRITICAL

Applies to

Domestic violence petition copy

If either party filed a domestic violence petition during the action, a copy must be filed in the case file.

NOTICE: HAS A DOMESTIC VIOLENCE PETITION BEEN FILED BY EITHER PARTY DURING THE PENDENCY OF THIS ACTION? YES NO . IF YES, PLEASE FILE A COPY OF THE PETITION IN THIS CASE FILE.

CRITICAL

Applies to

Orders and judgments

Every order and judgment must contain a distribution list that includes any actions the order or judgment requires the Clerk to perform.

All orders and judgments shall contain a distribution list, same to include any acts required of the Clerk by said order or judgment, as set out in the following example.

CRITICAL

Applies to

Verified disclosure statement

Must include

certificate of service

The Verified Disclosure Statement form includes a certificate of service.

CERTIFICATE OF SERVICE On the day of , I hereby certify that an exact copy of the foregoing Verified Disclosure Statement was (__j mailed, ( ) hand-delivered to:

CRITICAL

Applies to

Marital property disclosure form

The real-estate disclosure must include a copy of an appraisal and/or PVA printout.

Total present value (appraisal or assessed value): $ (Attach copy of appraisal and/or PVA printout.)

CRITICALCriminal cases

Applies to

Agreement of participation

For an eligible defendant, staff must explain Mental Health Court and request that the defendant sign the prescribed Agreement of Participation form; the attorney may be present or absent.

If a defendant is determined to be eligible for assessment, Mental Health Court staff shall thoroughly explain Mental Health Court and the Agreement of Participation to the defendant and request that the defendant sign the Agreement of Participation on a form prescribed by the Mental Health Court, with or without the presence of the defendant's attorney.

CRITICAL

Applies to

Marital property disclosure form

The form directs the filer to list all marital property in the appropriate sections.

List all marital property of the parties in the appropriate sections as follows:

CRITICAL

Applies to

Mediation agreement

Any agreement reached at mediation must be written and signed by the parties, who are responsible for drafting it; the mediator may assist with their consent.

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

CRITICAL

Applies to

Pre trial statement

The statement must be available for opposing counsel to inspect at a convenient location designated in the statement.

statement shall be made available for inspection by opposing counsel at a convenient location designated in the pre-trial statement.

CRITICAL

Applies to

Verified disclosure statement

The Verified Disclosure Statement includes a declaration under penalty of perjury that its information is complete and accurate to the declarant’s knowledge and belief.

I declare under penalty of perjury that the information set forth in this Verified Disclosure Statement is complete and accurate to the best of my knowledge and belief, and that this was executed on this the day of ,

CRITICAL

Applies to

Orders and judgments

Every order and judgment must include a distribution list that identifies any acts the Clerk is required to perform under it.

All orders and judgments shall contain a distribution list, same to include any acts required ofthe Clerk by said order orjudgment, as set out in the following example.

CRITICAL

Applies to

Complaint

In a county-attorney-initiated paternity or IV-D action, a respondent requesting custody or time-sharing/visitation must file a complaint.

In this instance, the respondent must file a complaint to request custody and/or time-sharing/visitation

CRITICALCriminal cases

Applies to

Order of diversion

The diversion order must include restitution if applicable, supervision status and applicable fees, duration, compliance with Probation and Parole rules, and the specified offense-related 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 .

CRITICAL

Applies to

Petition

The judge must indicate in the petition's 'Court Action' section whether the 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 the 'Court 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

CRITICAL

Applies to

Order and judgment

All orders and judgments must include a distribution list that specifies any acts the order requires the Clerk to perform.

All orders and judgments shall contain a distribution list, same to include any acts required of the Clerk by said order or judgment, as set out in the following example.

CRITICAL

Applies to

Pretrial conference submission

Before the conference, the parties or counsel must provide and file all motions in limine counsel should reasonably be aware of at that time.

Prior to such conference the parties or their counsel shall provide and file the following: (c) All motions in limine of which counsel should reasonably be aware at that time.