Laurel Circuit Court Document Filing Requirements

CRITICALCriminal cases

Applies to

Written recommendation

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

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

CRITICAL

Applies to

Order referring case

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

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

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.

CRITICAL

Applies to

Response

A party properly served with a motion and supporting memorandum must file a response memorandum stating the grounds of opposition 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.

CRITICAL

Applies to

Order or judgment submission

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

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.

CRITICAL

Applies to

Order confirming sale

An order confirming the sale, with copies, must be submitted to the Court if 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

Written recommendation

If recommending diversion, the Commonwealth must state in writing the proposed 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

Judgment or order

Before submission to the Court, covered judgments or orders and the record must be submitted to the Master Commissioner for certification; the Commissioner then submits them 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

Report of sale and cost of sale

After making the 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.

CRITICAL

Applies to

Mediation

The parties must attend mediation.

B. The parties shall attend mediation.

CRITICAL

Applies to

Preliminary verified disclosure statement

A Preliminary Verified Disclosure Statement (AOC-238) must be filed in the record unless an agreement executed by both parties is entered 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

Summons

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

E. Cases may be reassigned or transferred between courts if it is determined that there are other actions pending or circumstances indicate that review by the other court is proper. KRS 403.725, KRS 456.030. If reassignment or transfer occurs, the issuing judge shall reissue a summons until the matter may be heard by the receiving judge.

CRITICAL

Applies to

Settlement document

For a case settled before or during mediation, an attorney must submit a settlement order, or the mediator may prepare a mediation agreement that the parties must sign and file in the record.

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

Order or judgment

Counsel for all parties must attest that an order or judgment conforms to the ruling or opinion; if the affected 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

Order distributing funds

An order distributing funds held by the Commissioner must list the amounts collected, identify the recipients, and state each recipient’s amount due.

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

Settlement order

If a case settles before or during mediation, an attorney for a party must prepare and submit an order reflecting the settlement to the Court.

(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.

CRITICAL

Applies to

Criminal appeal withdrawal

Before withdrawing as counsel for a defendant appealing a conviction, retained trial counsel must obtain court permission and prepare and file the listed appellate 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

Joint statement

When mediation resolves only some issues or produces agreements on other matters, the parties must submit a joint statement listing resolved issues and issues remaining for trial.

(4) 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.

CRITICAL

Applies to

Hearing notice

A 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

Motion

Do not file or submit a proposed order with a motion unless the Court requests it.

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

CRITICAL

Applies to

Contempt order

A contempt order must briefly state the grounds for its issuance and include the specified warning about an arrest warrant.

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

Pleading

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

Answers to interrogatories or requests for admission

B. When answering interrogatories or requests for admission, the replying party shall, as a part of his answer; set forth immediately preceding the answer the question or the request made with respect to which such answer is given whether or not the interrogatories or requests are to be filed with the Court.

B. When answering interrogatories or requests for admission, the replying party shall, as a part of his answer; set forth immediately preceding the answer the question or the request made with respect to which such answer is given whether or not the interrogatories or requests are to be filed with the Court.

CRITICAL

Applies to

Discovery motion

Must include

certificate of conference

A discovery motion must include counsel’s certification that they conferred and could not resolve the dispute, detailing 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

Mediation

If mediation is ordered, the parties must participate unless an exception under KRS 403.036 applies.

A. If ordered, the parties shall engage in mediation unless the exceptions under KRS 403.036 apply.

CRITICAL

Applies to

Criminal pretrial

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

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.

CRITICAL

Applies to

Default judgment

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

Default judgment motion

A party seeking default judgment under CR 55.01 must file a written motion.

A party seeking a judgment by default under CR 55.01 shall file a written motion therefore.

CRITICAL

Applies to

Order or judgment directing sale

The sale order or judgment may adopt the stated terms and conditions by reference 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.

CRITICAL

Applies to

Property appraisal

If an appraisal is required by order or statute, the Master Commissioner must obtain the specified appraisals before the sale and file the written appraisals as part of the record.

Before conducting a sale, if required by order or statute, the Master Commissioner shall have the property appraised by two intelligent, disinterested housekeepers of Laurel or Knox County, who are not related to any parties to the action. The Appraisers shall be sworn by the Master Commissioner before making such appraisals and they shall return their appraisals in writing to the Master Commissioner who shall file same as a part of the record.

CRITICAL

Applies to

Tax bill

If funds will be disbursed to taxing authorities, a copy of the relevant tax bill or bills must be furnished to the Commissioner.

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

Pretrial conference motion

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

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

CRITICAL

Applies to

Order or judgment directing sale or deed

Orders or judgments directing a sale or deed must identify the property, whose interest is affected, 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

Pleading motion or other document

An attorney or self-represented party 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

Summons

When a case is transferred to another circuit because of a pending dissolution or custody matter, the emergency protective order continues and the initiating court must reissue the summons for up to fourteen days if service has not been made by the transfer date, or for a period the court determines necessary to protect the petitioner; further reissuance occurs as needed in the receiving court.

[Consistent with FCRPP 12, when the local domestic violence protocol requires that a case be transferred to another circuit due to a pending dissolution or custody matter, an emergency protective order shall continue and the summons shall be reissued by the initiating court, pursuant to KRS 403.740(4), for a period not to exceed fourteen days if service has not been made on the adverse party by the date of transfer, or as the court determines is necessary for the protection of the petitioner. Thereafter, reissuance of the summons shall occur as needed in the court of transfer.]

WARNING

Applies to

Default judgment motion

A default-judgment motion should certify service of process and that the opposing party served no papers on the moving attorney, and should state whether the opposing party is in military service.

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.

WARNING

Applies to

Mediation referral

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

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

Agreed order

Counsel need not attend the Motion Docket call if an agreed order signed by counsel for all affected parties is submitted to the Clerk beforehand; the order must state its basis.

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.

WARNING

Applies to

Mediator referral

After accepting a case, the mediator may refer it back to the Court for good cause, and the referral 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

Motion for show cause order

A party seeking a contempt show-cause order 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

Mediator report

At the conclusion of mediation, the mediator must report that the process ended and, if no agreement was reached, report that fact without comment or recommendation; identifying additional settlement-related matters is permitted with the parties’ consent.

(5) At the conclusion of cases accepted for mediation, the mediator will report to the Court 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.

WARNINGCriminal cases

Applies to

Pretrial diversion application

When applying for pretrial diversion, defense counsel must make a statement and the defendant must agree on the record; the source cuts off before specifying the subject.

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

INFO

Applies to

Default judgment motion

A default-judgment motion need not appear on the motion docket, and the party against whom default judgment is sought need not receive notice.

The motion need not appear on the motion docket and no notice need be given the party against whom judgment by default is sought.

INFO

Applies to

Agreed order

Parties may resolve a discovery dispute out of court by submitting an agreed order signed by counsel for all affected parties; no supporting motion or Motion Docket placement is necessary.

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.

INFO

Applies to

Motion for waiver

In default cases, a motion to waive filing or exchange of disclosure statements may be filed at the Court's convenience.

In cases of default, a motion for waiver of the filing or exchange of the disclosure statements may be filed at the convenience of the Court.

CRITICALCriminal cases

A diversion order must address applicable restitution, supervision status and fees, duration, compliance with Probation and Parole rules, and the specified restrictions on the defendant’s conduct.

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.