Lawrence County Circuit Court, Kentucky Document Filing Requirements

CRITICALCriminal cases

Applies to

Pretrial report

After the diversion contract is completed, the pretrial officer must submit the report and contract to the trial judge for approval, and the report must contain the listed eligibility and background information.

Following completion of the diversion contract, the pretrial officer shall submit a pretrial report and the contract for approval to the trial judge. The report shall contain basic pretrial information, a record of any past offenses and conviction, a record of any prior participation in the diversion program or similar program, employment status, length of residence in the area, and any other information necessary to determine eligibility and appropriateness of approval to participate in the Program.

CRITICAL

Applies to

Motion

All filed motions must bear original signatures, except motions submitted by the Judge for filing.

All Motions filed must have original signatures, except when submitted by the Judge for filing.

CRITICAL

Applies to

Entry of appearance

Upon retention, counsel must promptly file a written entry of appearance unless the appearance is apparent from filed pleadings.

5.1 Upon being retained, counsel shall forthwith file a written entry of appearance, unless counsel's entry of appearance is apparent from pleadings filed.

CRITICAL

Applies to

Expert witness disclosure

shall identify any Expert Witnesses they intend to call to testify at the Final Hearing prior to or

shall identify any Expert Witnesses they intend to call to testify at the Final Hearing prior to or

CRITICAL

Applies to

Family court case data sheet

The Family Court Case Data Sheet must be fully completed in every case.

The Family Court Case Data Sheet must be fully completed in all cases.

CRITICAL

Applies to

Financial disclosure statement

If applicable, all parties must submit Financial Disclosure Statements on the appropriate AOC forms before the Case Management Conference.

All parties shall submit Financial Disclosure Statements on the appropriate AOC forms prior to the Case Management Conference, if applicable.

CRITICAL

Applies to

Pleading

Pleadings must provide the personal identifying information required by the cited Kentucky statutes.

In addition, all pleadings must comply with the requirements of KRS Chapters 205, 403, 405, 406 and 407 by providing the personal identifying information required in those chapters.

CRITICAL

Applies to

Alternative order or judgment

Counsel objecting to an order or judgment must present an alternative version to the Court.

6.3 If such order or judgment is not satisfactory to opposing counsel, counsel shall immediately make any objections known to the Court and present that party's alternative version of the order or judgment.

CRITICAL

Applies to

Order or judgment

At the Court's request, the prevailing counsel must prepare the order or judgment.

All orders and judgments of the Court shall, at the request of the Court, be prepared by counsel in whose favor the order or judgment is rendered

CRITICAL

Applies to

Petition

The judge reviewing a protection-order petition must indicate in its “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

Property mediation submissions

For property mediation, the parties must exchange and provide the Mediator, at least five working days before the conference, their Financial Disclosure Statements and changes, asset-valuation documents, documents verifying debt payments and balances, and information or documents the Mediator requested.

B. Requirements for Property Mediation days prior to the mediation conference, the following: The parties shall exchange and provide to the Mediator, in no less than five (5) working b. Copies of all documents supporting their valuation of the parties' assets: a. Their respective Financial Disclosure Statements including any changes thereto: c. Copies of all documents verifying monthly payments and outstanding balances on d. All information and copies of all documents requested by the Mediator prior to all the parties* debts; and the mediation conference.

CRITICAL

Applies to

Mediation report

At the conclusion of mediation, the Mediator must file a report with the Court within 30 days stating the mediation outcome.

1. At the conclusion of mediation, the Mediator shall file a Report with the Court within Completion of Mediation thirty (30) days as to the outcome of the mediation, (i.e., full agreement, partial prejudice to either party. agreement or mediation terminated).

CRITICALCriminal cases

Applies to

Order

The trial judge must enter an order reflecting the determination to terminate or modify the contract.

The trial judge shall enter an order reflecting said determination.

CRITICAL

Applies to

Paternity case file access request

For access to a paternity case file for representation in that action, the Clerk must receive either an attorney's statement seeking permission to review and copy the file or the party's signed and notarized release authorizing inspection.

Upon receipt by the respective 24th Circuit Court Clerk's offices of an attorney's statement seeking permission to review and copy a paternity case file OR upon receipt of a party's signed and notarized release authorizing an attorney to inspect the party's paternity case file, for reasons relating to their representation in that action only, the Clerk's office shall grant the attorney access to such a file.

CRITICALCriminal cases

Applies to

Speedy trial waiver statement

Upon approval to participate, the defendant must sign a speedy-trial waiver statement and must first be given the opportunity to consult an attorney if desired.

Upon approval for participation in the Program, the defendant shall sign a statement waiving his or her right to a speedy trial. Prior to signing such statement the defendant shall be given the opportunity to consult with an attorney if he or she so desires.

CRITICAL

Applies to

Permanency hearing report outline

CHFS must complete the Permanency Hearing Report Outline in the incorporated form and submit it to the Court 72 hours before the hearing date.

At the Permanency Hearing/Review, CHFS shall complete a Permanency Hearing Report Outline. pursuant to the attached document which is incorporated by reference herein, and submit same to the Court 72 hours preceding the Court date.

CRITICAL

Applies to

Request for counsel

Upon request and execution of the specified DNA 11 form, the Court must appoint a Guardian ad Litem for the child and an attorney for a named party.

The Court shall appoint a Guardian ad Litem for the minor child, and an attomey for any named party upon their request and upon execution of a DNA 11. Financial Statement. Affidavit of Indigence and Request for Counsel form.

CRITICAL

Applies to

Emergency custody petition

An interested party seeking an Emergency Custody Order must file a petition with the Family Court.

A. Any interested party seeking an Emergency Custody Order must file a petition with the Family set forth below. Court

CRITICAL

Applies to

Protective order petition

Protective-order petitions 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

Juvenile petition

A petition must state the statutes and factual allegations supporting jurisdiction, provide information about the child's parents and their addresses, and reflect diligent efforts to locate the parents, including contact with the County Attorney's Child Support Division.

B. Any Petition filed with the Court shall comply with the following conditions: I. Citations to specific Statute and factual allegations relied upon in asserting the Court's jurisdiction; and 2. Full information conceming the child's parents and their addresses). The Petitioner initiating contact with the Child Support Division of the respective County Attorney's shall make diligent efforts to locate the child's parents, including but not limited to.

CRITICAL

Applies to

Final hearing exhibits

Attorneys or self-represented parties must produce documents intended as Final Hearing exhibits before or at the Case Management Conference.

The Attorneys or parties, if pro se litigants, shall also produce any documents they intend to submit as Exhibits at the Final Hearing prior to or at the Case Management Conference.

CRITICAL

Applies to

Motion to submit dissolution for final decree

A party may submit a dissolution matter for Final Decree directly to the Judge off-docket; the submission must contain the specified executed notices or waivers, financial disclosure statements, settlement agreement, and jurisdictional deposition.

Attorneys or parties may file a Motion to Submit a dissolution matter for Final Decree, and executed Notices and Waivers of Hearings and/or Financial Disclosure Statements along with submit same directly to the Judge for approval by the Court off-docket, which shall contain a Settlement Agreement and Jurisdictional Deposition.

CRITICAL

Applies to

Motion

Must include

proposed order

Each motion in a civil action must be submitted with a proposed order.

6.2 In civil actions, proposed orders shall be tendered with each motion.

CRITICAL

Applies to

Pleading and entry of appearance

Pleadings and the entry of appearance must state counsel's office and mailing addresses, telephone number, fax number, and email address.

5.2 On pleadings and in the entry of appearance, counsel shall set forth counsel's office address, mailing address, telephone number, fax number, and e-mail address.

CRITICAL

Applies to

Guardian ad litem report

If the Guardian ad Litem files a Report instead of an Answer, the Report must state that, after careful examination of the case, the Guardian ad Litem is unable to present a defense for the Respondent.

Within sixty (60) days of the appointment, the Guardian ad Litem shall file an Answer on behalf of the Respondent or a Report stating that, afer careful examination of the case: he/she is unable to present a defense on their behalf.

CRITICAL

Counsel must remain of record until the appeal-notice period expires unless relieved by the Court on written motion and notice, though the Court may permit an oral withdrawal motion for good cause if the litigant's interests are not adversely affected.

5.3 Once having entered appearance, counsel shall remain of record, unless relieved of responsibilities by the Court upon written motion and notice (with copy of said motion served on the client), until expiration of the time for filing a notice of appeal after the entry of a final judgment or order. For good cause shown, the Court may permit oral motions to withdraw so long as the interests of the litigant are not adversely affected.

CRITICAL

Applies to

Written motion

A request for an order concerning confidential video records must be made by written motion with notice to all parties, including any child’s Guardian ad Litem, and must state the reason and proposed use.

An individual requesting such an Order must file a written motion, with Notice to all parties, including the child's Guardian ad Litem, if any, and set forth the reason for the request and proposed use thereof.

CRITICAL

Applies to

Pretrial compliance statement

For a jury trial, the Pretrial Compliance Statement must include the specified case, mediation, stipulation, disputed-issue, discovery, witness, exhibit, damages, and jury-instruction information, unless a materially different case-specific Jury Trial Order controls.

When a jury trial is requested, a Jury Trial Order shall be entered by the Court directing the parties to furnish to the Court and each other, at least one week prior to trial, a Pretrial Compliance Statement containing the following: • A statement of the kind of action and a report on the status of mediation efforts; • Stipulations; • A statement of disputed issues with citation of authorities; • A confirmation that discovery is completed, or if not completed, the probable completion date; • A list of expected witnesses and brief summary of their testimony; • A separate list of expert witnesses and brief summary of their testimony; • A list of marked exhibits; • A list of all special damages and supporting documents; and • Proposed Jury Instructions The Court reserves the authority to tailor its trial order to fit the requirements of each case. If any such order differs in any material respect from the above, the Jury Trial Order entered by the Court in a given case shall take precedence over these general rules.

CRITICAL

Applies to

Form dna 12

CHFS must complete Form DNA 12 with the information required by FCRPP 28 and submit it to the Court 72 hours before the Disposition Hearing date.

At the Dispositional Hearing, CHFS shall also provide the court with the information required pursuant to FCRPP 28 by completing Form DNA 12 and submitting same to the Court 72 hours preceding the Court date.

CRITICAL

Applies to

Juvenile petition

Juvenile petitions must be submitted to the County Attorney for legal-sufficiency review before filing; if rejected, an interested party may file the petition and submit it to the Family Court Judge for review.

A. All Juvenile petitions shall be filed in accordance with FCRPP 20 and shall be submitted to the filing. If the petition is rejected by the county attorney, then it may be filed by the interested respective County Attorney's office who shall check the petition for legal sufficiency prior to its party and submitted to the Family Court Judge for a determination of its legal sufficiency.

CRITICAL

Applies to

Motion for compensation

A motion for compensation must include an affidavit stating the appointment’s statutory basis, the hours and services rendered and fee reasonableness, and that the action or proceeding has concluded.

Motions for compensation shall be accompanied by an Affidavit stating: a. The statutory basis for the appointment; b. The hours of service rendered with a brief description of the services rendered and reasonableness of the fee requested; and c. That the action or proceeding has been concluded.

CRITICAL

Applies to

Request for order

A request for an order to obtain in-chambers child-interview video must explain the reason, identify the portion requested, and state the proposed use.

An individual requesting such an Order must provide the Family Court Judge with a written explanation of the reason for the request and specifically indicate the portion of the video record being requested and proposed use thereof.

CRITICAL

Applies to

Agreed judgment of paternity and order of support

If the Cabinet for Health and Family Services is a party or providing benefits, it must be notified before an agreed paternity judgment and support order is submitted to the Court.

Nothing in this Rule shall prohibit the parties from entering into an Agreed Judginent of Paternity Pretrial Procedures Health and Family Services is a party and/or providing benefits, and if so, the Cabinet shall be and Order of Support and filing same for approval by the Court off-docket. unless the Cabinet for notified prior to submitting the Order to the Court.

CRITICAL

Applies to

Paternity file access statement

An attorney seeking permission to review or copy a paternity file must sign a statement limiting what may be shared with the client and acknowledging the confidentiality of the other file information.

Pursuant to KRS 406.035, the attorncy seeking permission to review and/or copy the paternity file shall sign a Statement that the Order of Judgment is the only information which the client, including information relating to domestic violence or child abuse, as well as the may be shared with the client and that all other information in the case cannot be disclosed to of the party, any information contained in such file is confidential and subject to the addresses of the parties. Regardless of the subsequent representation or non-representation attomey-client privilege.

CRITICALCriminal cases

Applies to

Diversion contract

Upon referral, the defendant must meet with a pretrial officer to establish a contract specifying the court-ordered conditions, referral services, contract length, and any required restitution or community service.

Upon referral to the Program, the defendant shall meet with a pretrial officer to establish a formal contract which specifies the court ordered conditions, the reterral services to be used, the length of the contract, and, if required the need for the defendant to make restitution or perform community service.

CRITICAL

Applies to

Termination petition

Termination proceedings involving multiple children of the same parents must be brought in separate petitions, and may be consolidated for hearing only by court order.

Termination Proceedings involving two (2) or more children with the same parents whose rights are subject to termination must proceed by separate Petitions for each child, but may be consolidated for Hearing purposes only if so ordered by the Court.

CRITICAL

Applies to

Filing

Every paper filed by an attorney or party must identify the case and provide the signer’s typed or printed name, address, telephone number, and email address.

Every pleading, motion and any other paper filed in the record by an attorney or a party shall contain the case number, typed or printed name, address, telephone number and e-mail address of the attorney or party signing the paper.

WARNING

Applies to

Final disclosure statement

A party may adopt a Preliminary Disclosure Statement as the Final Disclosure Statement if it has not changed and the Court has been notified.

A party's Preliminary Disclosure Statement may also be adopted as his/her Final Disclosure Statement if there have been no changes and the Court has been given notice thereof.

WARNINGCriminal cases

Applies to

Written contract termination statement

A participant may terminate the contract at any time by submitting a written statement to the pretrial officer or trial judge.

A Program participant may terminate the contract at any time by submitting a written statement to the pretrial officer or the trial judge.

WARNING

Applies to

Status quo order

A Status Quo Order may be entered on the AOC-237 form on a party’s motion, with notice and an opportunity for opposing parties to be heard.

Status Quo Orders may be entered on the AOC-237 form upon Motion of any party with Notice and opportunity to be heard by the opposing parties).

WARNING

Applies to

Entry of appearance

An entry of appearance is general unless counsel states otherwise on the record, and a limited-purpose appearance must specify the limited nature of the representation.

5.4 Unless counsel specifies otherwise on the record, an entry of appearance is considered to be a general appearance for all purposes. An entry of appearance for a limited purpose shall specify the limited nature of counsel's representation of the client.

INFO

Applies to

Proposed order or judgment

For matters taken under advisement, the Court may direct the parties to submit proposed orders or judgments.

In all matters taken under advisement, the Court may direct the parties to submit proposed orders or judgments for consideration.

CRITICAL

Applies to

Case plan

The Case Plan executed by CHFS and the parties must be filed with the Court before the Disposition Hearing.

The Case Plan executed by the CHFS and the parties shall also be filed with the Court prior to the Disposition Hearing.