Larue County Circuit Court, Kentucky Document Filing Requirements

CRITICALCriminal cases

Applies to

Case transfer order

After admission is determined and the defendant accepts, the referring judge must complete an order transferring the case to Mental Health Court.

Upon a determination of admission to Mental Health Court, and upon the defendant's acceptance of the offer to enter Mental Health Court, the referring judge shall complete an order transferring the case to Mental Health Court.

CRITICAL

Applies to

Separation agreement or agreed judgment

A separation agreement or agreed judgment that departs from the Child Support Guidelines must state the reason for the deviation.

If the child support obligation in the separation agreement or agreed judgment does not correspond to the Child Support Guidelines contained in KRS 403.212(6), the agreement or judgment shall state the reason for deviating from the Guidelines.

CRITICAL

Applies to

Protective order petition

Petitions seeking protection under KRS Chapter 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. KRS 403.725, KRS 456.030.

CRITICAL

Attach all tracing documents for claimed non-marital property.

(MUST ATTACH ALL TRACING DOCUMENTS)

CRITICAL

Applies to

Pre trial statement

The pre-trial statement must state defendants’ or third parties’ defenses or claims and legal theories.

A statement of the defenses or claims of defendants, or third parties, including legal theories.

CRITICAL

Applies to

Separation agreement or agreed judgment

A separation agreement or agreed judgment that deviates from the child support guidelines must state the reason for the deviation.

If the child support obligation in the separation agreement or agreed judgment does not correspond to the Child Support Guidelines contained in KRS 403.212(6), the agreement or judgment shall state the reason for deviating from the Guidelines.

CRITICALCriminal cases

Applies to

Commonwealth recommendation

The Commonwealth shall make a written recommendation to the Court in

The Commonwealth shall make a written recommendation to the Court in

CRITICAL

Applies to

Motion

A motion to be heard by the Commissioner must be pre-filed with the Commissioner and accompanied by a $20 fee.

No motion shall be heard by the Commissioner where a copy of said motion is not pre-filed with the Commissioner and accompanied by the Commissioner's fee of $20.00.

CRITICAL

Applies to

Agreed judgment or separation agreement

An agreed judgment or separation agreement providing for child support must attach the Kentucky 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

Applies to

Motion to set trial

A motion to set a non-domestic relations civil case for trial must certify that the case will be ready by the trial date.

Motions to set a non-domestic relations civil case for trial may be made on any rule day and shall contain a certification that the case will be ready for trial by the trial date.

CRITICAL

Applies to

Witness list

The pretrial filing must include a witness list identifying each expected witness’s name, address, and telephone number.

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

Pendente lite child support motion

A pendente lite child-support motion must be accompanied by proof of the minor child's insurance cost and, if 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.

CRITICALCriminal cases

Applies to

Termination documents

The circuit clerk must file the Notice of Termination and Affidavit of Violations in the official record and serve notice of termination on the parties, their attorneys, probation, and parole.

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

CRITICAL

Applies to

Mediation report

The mediator must report the mediation outcome to the court.

The mediator shall report to the court the outcome of said mediation.

CRITICALCriminal cases

Applies to

Order of contempt

A judge may refer a person charged with contempt to Mental Health Court instead of incarcerating the person, but only after an order of contempt has been entered.

An order of contempt of court: any judge may refer a person charged with contempt of court to Mental Health Court in lieu of being incarcerated on the contempt charge, but only after an order of contempt has been entered.

CRITICAL

Applies to

Pre trial statement

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

Issues of law to be litigated

CRITICALCriminal cases

Applies to

Written recommendations

When recommending diversion, the Commonwealth must submit written recommendations to the Court addressing diversion conditions and the sentence to impose 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

Applies to

Vds amendment

An amendment after the stated amendment period requires a proper motion and a court ruling.

Any amendment thereafter can be made only by proper motion and ruling by the Court.

CRITICAL

Applies to

Separation agreement or agreed judgment

A separation agreement or agreed judgment that deviates from the child-support guidelines must state the reason for the deviation.

If the child support obligation established in the separation agreement or agreed judgment does not correspond to the Child Support Guidelines contained in KRS 403.212 (6), the agreement or judgment must state the reason for deviation from the Guidelines .

CRITICAL

Applies to

Motion for pendente lite maintenance

The Commissioner will not consider a motion for pendente lite maintenance unless the movant files a completed Verified Disclosure Statement.

No motion for pendente lite maintenance will be considered by the Commissioner absent the filing of a completed Verified Disclosure Statement by the movant.

CRITICAL

Applies to

Commissioner 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

CRITICAL

Applies to

Pretrial conference submission

The parties or counsel must provide and file a statement of likely trial evidence problems, including exhibit objections, before the conference.

Prior to such conference the parties or their counsel shall provide and file the following: (b) Statement of evidence problems likely to arise at trial, including objections to exhibits.

CRITICAL

Applies to

Exhibit list

The pretrial filing must include a list of exhibits that may be introduced; the list must be attached to the pretrial statement if feasible.

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).

WARNING

Applies to

Mediation materials

The mediator may require the parties to submit a confidential case statement or other materials reasonably considered appropriate for conducting mediation.

The mediator may require the parties to submit a confidential statement of the case or other materials that the mediator may reasonably believe appropriate for efficiently conducting the mediation conference.

WARNING

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.

WARNING

Applies to

Mediation report

The mediator must report the mediation’s status and whether there was agreement; with the parties’ consent, the mediator may also identify matters that could facilitate settlement.

The mediator shall report to the court that the mediation has not occurred, has not been completed, or that the mediation has been completed with or without an agreement on any or all issues. With the consent of the parties, the mediator may also identify those matters which, if resolved or completed, would facilitate the possibility of settlement .

WARNINGCriminal cases

Applies to

Notice of termination

A Notice of Termination may 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.

A Notice of Termination may 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.

WARNING

Applies to

Mediation submission

The mediator may require the parties to submit a confidential case statement or other materials the mediator considers appropriate for conducting the conference efficiently.

The mediator may require the parties to submit a confidential statement ofthe case or other materials that the mediator may reasonably believe appropriate for efficiently conducting the mediation conference .

WARNINGCriminal cases

Applies to

Notice of termination

If the judge determines the request is knowing and voluntary, the judge may terminate the participant using a form prescribed by the Mental Health Court.

If the Mental Health Court judge determines that the request is knowingly and voluntarily made, the Mentai Health Court judge may terminate the participant from Mental Health Court on a form prescribed by the Mental Health Court and refer the case back to the appropriate circuit or district.

WARNINGCriminal cases

Applies to

Affidavit of violations

If a participant has absconded for at least ten working days, Mental Health Court staff may complete an Affidavit of Violations on the prescribed form.

In the case of a participant who has absconded for a period of at least ten working days, Mental Health Court staff may complete an Affidavit of Violations on a form prescribed by the Mental Health Court.

WARNING

For an expected bonus, state the amount expected and when it is expected.

Bonus expected : List how much expected and when.

WARNING

Applies to

Mediation submission

The mediator may require the parties to submit a confidential case statement or other appropriate materials for mediation.

The mediator may require the parties to submit a confidential statement of the case or other materials that the mediator may reasonably believe appropriate for efficiently conducting the mediation conference.

INFO

Applies to

Mediation report

With the parties’ consent, the mediator may identify matters whose resolution or completion could facilitate settlement.

With the consent of the parties, the mediator may also identify those matters which, if resolved or completed, would facilitate the possibility of settlement.