Lee County Circuit Court, Kentucky Document Filing Requirements

CRITICAL

Applies to

Order

Must include

caption

Every order's caption must state the exact nature of the order.

The caption to all Orders shall state the exact nature of the order, such as, for example, Order of Dismissal, Order Fixing Temporary Maintenance, Order Directing Answering of Interrogatories, etc.

CRITICAL

Applies to

Written objections

Written objections to the proposed order or judgment must include a time for a hearing scheduled under the Rules.

written objections thereto including a time for a Hearing scheduled pursuant to these Rules

CRITICAL

Applies to

Order or judgment

An Order or Judgment requiring service on the Master Commissioner must include counsel's certificate at the bottom of its last page stating that the Clerk must serve it on the Commissioner.

such Order or Judgment shall contain a Certificate of the counsel preparing same at the bottom of the last page thereof to the effect that it is an Order or Judgment concerning which the Clerk is required to serve on the Master Commissioner.

CRITICALCriminal cases

To apply for pre-trial diversion, counsel must state and the defendant must agree on the record that, if diversion is granted, the defendant waives the right to a speedy trial or disposition of the charge.

In applying for pre-trial 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

Motion

A motion that relies on authorities must include citations to those authorities.

All Motions for which authorities are relied upon shall be accompanied by citations of such authorities.

CRITICAL

Applies to

Hearing notice

A written hearing notice must state the hearing’s time, place, and purpose.

(1) No proceeding shall be heard unless the party requesting such hearing has served written notice seven (7) days before the date of such hearing on the adverse party, notifying such party of the time, place, and purpose of the hearing, unless otherwise agreed by the parties or scheduled by order at the discretion of the Domestic Relations Commissioner.

CRITICALCriminal cases

Applies to

Recommendation

The Commonwealth's Attorney must submit written recommendations to the Court about conditions for pre-trial diversion.

Make recommendations to the Court in writing of conditions for pre-trial diversion .

CRITICAL

Applies to

Order or judgment

If the Court so orders, the prevailing party must present the order or judgment embodying the decision to the Court.

If so ordered the prevailing party shall present the Order or Judgment embodying the decision to the Court:

CRITICAL

Applies to

Motion

A motion must be accompanied by a Notice of Date for Hearing or it will be summarily overruled, except for good cause shown.

Any Motion not accompanied by the Notice of Date for Hearing shall be summarily overruled except for good cause shown.

CRITICAL

Applies to

Written instructions

Parties must submit written instructions by the pre-trial conference, subject to good cause or contrary court direction, without waiving the right to offer later instructions.

At or before the Pre-Trial Conference, submit written instructions incorporating the parties' then understanding of the issues and the law without prejudice to the right to present further instruction as may be indicated by subsequent proceedings;

CRITICAL

Applies to

Protective order petition

The reviewing judge must indicate in the petition’s Court Action section which type of protective-order action resulted.

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

Joint statement

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

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

Summons

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

E. Cases may be reassigned within the judicial circuit and, pursuant to FCRPP 12, a case may be transferred to another circuit if there is a pending dissolution or custody 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

Initial order or judgment

The initial Order or Judgment served on the Master Commissioner must name all parties in its caption or style.

The initial Order or Judgment served upon the Master Commissioner shall contain in the caption or style the names of all parties

CRITICAL

Applies to

Agreement

Agreements filed of record must be signed by both parties and acknowledged by an authorized person; counsel must also sign when a party is represented.

All agreements between parties filed of record must be signed by both parties and acknowledged before a person authorized to take acknowledgments under KRS 382.140. In the event that a party is represented by counsel, the Agreement must also be signed by counsel.

CRITICAL

Applies to

Disclosure statement

Each Disclosure Statement must be verified by the filing party and signed by that party's attorney.

Each such Disclosure Statement, besides being verified by the party filing it, shall bear the signature of that party's attorney.

CRITICAL

Applies to

Proposed order or judgment

Must include

certificate of service

A proposed order or judgment under this paragraph must include a Certificate of Service, attached or typed on it, documenting the tender, service, and date.

The proposed Order or Judgment, for purposes of this paragraph, shall have attached thereto, or typed thereon, a Certificate of Service showing the fact of the tender and service and the date of the same

CRITICAL

Applies to

Petition for order of protection

The reviewing 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 456.

CRITICAL

Applies to

Order or judgment

Orders and Judgments requiring Clerk notification must include a notation alerting the Clerk that the Order should be served under CR 77.04.

All Orders and Judgments of which the Clerk must give notification shall contain a notation calling to the Clerk's attention the fact that the Order should be served pursuant to CR 77.04.

CRITICAL

Applies to

Pre trial diversion application

In applying for diversion, counsel must state and the defendant must agree on the record that granting diversion waives the right to a speedy trial or disposition.

In applying for pre-trial 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

Settlement order

If mediation settles a case, one party’s attorney must prepare and submit an order reflecting the settlement.

If a case is settled during mediation, the 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.

CRITICALCriminal cases

Applies to

Order of diversion

A diversion order must address applicable restitution, supervision status and fees, duration, compliance with Probation & Parole rules, and the specified offense-related and other conditions.

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 & 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 pre-trial 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

Proof of attendance

When parents or custodians are ordered to participate in the parent’s education clinic, proof of attendance must be submitted before the case is assigned for final hearing.

In such cases, proof of attendance must be submitted before the case is assigned for final hearing.

CRITICAL

Applies to

Protective order petition

Protective-order petitions under KRS Chapter 403 or Chapter 456 must be accepted and filed with the court.

A. 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

Applies to

Default judgment motion

A default-judgment motion must identify whether the requested relief is in rem or in personam and include the specified proposed judgment, certificate, proof, and affidavits.

The Motion must state whether the relief requested is In Rem or In Personam, and be accompanied by a proposed judgment; by a Certificate of the moving party that no papers have been served upon him/her by the party in default, or by anyone on his/her behalf; proof of service; an affidavit showing entitlement to relief; and as to individual defendants, a military status affidavit.

CRITICALCriminal cases

Applies to

Recommendation

The Commonwealth's Attorney must make a written recommendation to the Court in response to each petition.

The Commonwealth's Attorney shall make a recommendation to the Court in writing in response to each petition .

CRITICAL

Applies to

Summons

If a case is reassigned or transferred, the issuing judge must reissue 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

Diversion recommendation

The Commonwealth’s Attorney must submit a written recommendation to the Court for each petition.

The Commonwealth's Attorney shall make a recommendation to the Court in writing in response to each petition.

CRITICAL

Applies to

Default judgment application

Where the specified Kentucky Rules of Civil Procedure apply, a party seeking default judgment must file a written application, except where this requirement conflicts with FCRPP 3(2).

Except as it conflicts with FCRPP 3(2), a party seeking a Judgment by default where Rules 55.01, 5.01, or 6.03 of the Kentucky Rules of Civil Procedure apply shall file a written application for such a Judgment.

CRITICAL

Applies to

Report or memorandum

When directed by an Order or Judgment to act, the Master Commissioner must report the action taken by Report or Memorandum.

The Master Commissioner shall, when directed by Order or Judgment to take any action, report the action taken, by a Report or Memorandum, so that the record shall be complete in all respects.

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

Initial order or judgment

The initial Order or Judgment served on the Master Commissioner must list counsel's and represented parties' names and addresses, identify any unrepresented parties, and give their mailing addresses.

shall include in the last page the names and addresses of all counsel and the parties represented, as well as a notation concerning the fact that any parties are not represented by counsel, and in that case, the mailing address of such parties.

WARNING

Applies to

Order or judgment

As one method of presenting an order or judgment, counsel for all parties may attest that it conforms to the Court's decision by signing below the body on the left, and any unrepresented party must be identified by endorsement when applicable.

Upon having the Order or Judgment attested by counsel for all parties thereto as being in conformity with the Court's decision by signature in a space provided just below the body of said Order or Judgment on the left-hand side of the page, and/or by an endorsement of the fact that any party is, or parties are, not represented by counsel, if that is the case;

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.

If an Agreed Order signed by counsel for all parties affected is submitted to the Clerk before the call of the Motion Docket, counsel need not attend the call of the Motion Docket.

WARNING

Applies to

Trial brief

The Court may require each party to submit a trial brief summarizing the facts and law on which the party will rely, and may set the filing time.

In the Pre-Trial Order, the Court may require each party to submit a Trial Brief consisting of a short memorandum of his/her view of the facts and law on which he/she will rely and may fix the time for tiling such Briefs.

INFOCriminal cases

Applies to

Order of diversion

The Court may include drug- and alcohol-related conditions, restrictions on Penal Code or Controlled Substances Act violations, and a prohibition on possessing firearms or other deadly weapons in the diversion order.

The Order of Diversion may include : 1. That the petitioner remain drug and alcohol free and be subject to random testing . 2. That the petitioner have no violation of the Penal Code or the Controlled Substances Act . 3 . That the petitioner possess no firearm or any other deadly weapon .