Lewis County Circuit Court, Kentucky Document Filing Requirements

CRITICAL

Applies to

Child support case

When child support is requested to be set or modified, each party must file a worksheet computation in accordance with KRS 40-3.212, unless the parties otherwise agree on child support.

In all cases in which child support is either requested to be set or modified, a worksheet computation is required to be filed by each party in conformance with KRS 40-3.212), unless child support is otherwise agreed to by the parties .

CRITICAL

Applies to

Protective order petition

The reviewing judge must identify in the petition’s Court Action section whether the action is a domestic violence or interpersonal protective order action.

The judge reviewing a petition for an order of protection shall indicate in theiCourt 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

Financial schedule

Copies of the last three years of U.S. tax returns are to be attached.

(Copies of U.S . Tax Returns for last three (3) years attached hereto)

CRITICAL

Applies to

Show cause motion

A motion to show cause for contempt must be submitted ex parte with appropriate affidavits.

Motions to show cause why a party should not be held in contempt of court shall be submitted ex parte to the Court with appropriate affadavits .

CRITICAL

Applies to

Motion

Where appropriate, a motion must include a statement of its specific grounds and supporting legal authority.

Where appropriate, all motions shall include a statement setting forth the specific grounds of the motion and the legal authority upon which counsel relies in support of the motion .

CRITICAL

Applies to

Petition

Petitions must include full information about the child’s parents and their addresses, and petitioners must diligently try to locate the parents, including by contacting the Child Support Division.

2. Full information concerning the child's parents and the address(es). The Petitioner shall make diligent efforts to locate the child's parents, including but not limited to, initiating contact with the Child Support Division of the Greenup/Lewis County Attorney's Office.

CRITICAL

Applies to

Special damages list

The parties must provide an itemized list of claimed special damages.

D. An itemized list of claimed special damages .

CRITICAL

Applies to

Default judgment motion

For a default judgment governed by Kentucky Rule 55.01, the moving party must first file a written motion, place it on the appropriate Motion Day docket, and tender a judgment with notice to the party in default; the attorney need not attend, and the Court may enter judgment after notice and review of legal requirements.

A party seeking a judgment by default where Rule 55.01 of the Kentucky Rules of Civil Procedures applies shall first file a written motion for such ajudgment and have the motion placed on the appropriate Motion Day docket, with a tendered judgment and notice to the party in default. The attorney seeking the default judgment need not be present for the motion, and the default judgment may thereafter be entered after notice has been given and it is determined by the Court that it meets all necessary legal requirements .

CRITICAL

Applies to

Protective order petition

Protective-order petitions must be completed on form AOC-275.1 and 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

Petition

An approved petition must be initialed for filing by the Assistant County Attorney or Judge, as appropriate.

If the petition is approved, the Assistant County Attorney or Judge, as appropriate, shall initial the petition for filing.

CRITICAL

Applies to

Mediation agreement

Any agreement reached in mediation must be written and signed by the parties; the parties draft it, although the mediator may help 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 of the agreement, although the mediator may assist in the drafting of the agreement with the consent ofthe parties

CRITICAL

Applies to

Uncontested dissolution submission

An uncontested dissolution case with an entry of appearance and waiver of notice must be submitted directly to the Circuit Judge on deposition, with a motion to submit accompanied by copies of the deposition, any separation agreement, and the entry of appearance.

Uncontested dissolution of marriage cases which contain an entry of appearance and waiver of notice shall be submitted directly to the Circuit Judge on deposition . The case shall stand submitted with a motion to submit accompanied with copies of the deposition, any separation agreement, and the entry of appearance .

CRITICALCriminal cases

Applies to

Order of diversion

The Order of Diversion must address restitution, supervision and applicable fees, duration, compliance with Probation & Parole rules, and the required prohibition on offenses and other applicable 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 ofthe diversion. 4. Require defendant to obey all rules and regulations imposed by Probation & Parole . 5. As required by KRS 533 .030(1), direct 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

Witness list

The parties must exchange with opposing counsel a list of trial witnesses, their addresses, and a summary of each witness's expected testimony.

A. Exchange with opposing counsel a list of all witnesses' names and addresses and summary of the expected testimony of each witness expected to be called at trial .

CRITICAL

Applies to

Guardian ad litem application

A Guardian ad Litem application must be submitted on the appropriate form available from the Family Court Office.

B. Application is to be made by submitting the appropriate form, which is available in the Greenup and Lewis Family Court Office.

CRITICAL

Applies to

Motion for compensation

A motion for compensation must include an affidavit stating the appointment’s statutory basis, service hours and description, fee reasonableness, and the conclusion and disposition date of the proceedings.

C. Motions for compensation shall be accompanied by an affidavit indicating: 1. The statutory basis for appointment; 2. The hours of service rendered with a brief description of the services rendered and reasonableness of the fee requested; and 3. That the action or proceedings have been concluded and the date of disposition.

CRITICAL

Applies to

Expert report

The parties must produce for opposing counsel's inspection reports from all experts expected to testify at trial.

Produce for inspection of opposing counsel a report from all experts who are expected to testify at trial .

CRITICAL

Applies to

Petition

Petitions must cite the specific statute and factual allegations supporting the Court’s jurisdiction.

1. Citations to specific statute and factual allegations relied upon in asserting the Court's jurisdiction;

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

Discovery objection

An objection to an interrogatory or request must reproduce it in full and state the reason and grounds for the objection.

Likewise, any objections filed to an interrogatory or to a request shall set out in full the. interrogatory or request with the reason and grounds for the objection thereto.

CRITICAL

Applies to

Discovery response

A party answering interrogatories, document requests, or requests for admission must set out each question or request immediately before its answer.

When answering interrogatories, requests for production of documents, or requests for admissions, the replying party shall as a part of his/her answer, set forth immediately preceding the answer, the question or the request made.

CRITICAL

Applies to

Pleading or paper signed by attorney

Pleadings and papers signed by an attorney must state the attorney’s typed name, complete address, telephone number, and fax number if applicable, on the last page.

All pleadings and papers requiring the signature of an attorney shall set forth on the last page thereof the typed name and complete address ofthe attorney including telephone number and FAX number if applicable .

CRITICAL

Applies to

Pleading

Pleadings must provide the personal identifying information required by the cited KRS chapters.

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

Entry and appearance

An entry and appearance must not be signed before the petition is filed.

B. No entry and appearance shall be signed prior to the filing of a petition.

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

Prosecutor file contents

If the Commonwealth withholds file material as non-discoverable, it must state that in writing when filing the file contents.

In the event the Commonwealth withholds any material contents in its file, under a claim of same being non-discoverable, the Commonwealth shall state so in writing, at the time the Prosecutor's file contents are filed with the Court.

CRITICAL

Applies to

Proposed instructions or findings

At the pretrial conference, counsel must submit proposed instructions or, in non-jury cases, findings of fact and conclusions of law.

AT THE PRETRIAL CONFERENCE, COUNSEL SHALL SUBMIT TO THE COURT PROPOSED INSTRUCTIONS, OR IN NON-JURY CASES, FINDINGS OF FACT AND CONCLUSIONS OF LAW .

CRITICALCriminal cases

Applies to

Pretrial diversion application

When applying for pretrial diversion, counsel must state and the defendant must agree in writing to waive speedy trial or disposition rights if diversion is granted.

In applying for pretrial diversion., counsel for the defendant must state, and the defendant must agree, in writing, in the event diversion is granted, to waive any right to a speedy trial or disposition ofthe charge against him/her.

CRITICAL

Applies to

Motion to enter guilty plea

Should the Defendant accept the proposal, at the Trial Management Conference, Defense Counsel shall submit to the Court, "Motion to Enter Guilty Plea, form AOC-491, or other applicable forms, signed by the Defendant, and Defense Counsel .

Should the Defendant accept the proposal, at the Trial Management Conference, Defense Counsel shall submit to the Court, "Motion to Enter Guilty Plea, form AOC-491, or other applicable forms, signed by the Defendant, and Defense Counsel .

CRITICAL

Applies to

Motion

Must include

proposed order

Counsel must tender a proposed order with each motion when appearing on Motion Day.

Counsel shall tender a proposed order with each motion when they appear on Motion Day.

CRITICAL

All parties must comply with the filing requirements in FCRPP 2 through FCRPP 9.

All partics must comply with the filing requirements of the FCRPP 2 through FCRPP 9....

CRITICALCriminal cases

Applies to

Pretrial diversion recommendation

The Commonwealth's Attorney must submit a written recommendation to the Court for each application.

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

CRITICAL

Applies to

Commonwealth offer on plea of guilty

The Commonwealth must file its recommendation of disposition in the court record as a "Commonwealth's Offer on a Plea of Guilty," AOC Form 491.1.

The attorney for the Commonwealth shall provide to the Defendant, a recommendation of disposition of the case by filing in the Court record, "Commonwealth's Offer on a Plea of Guilty", AOC Form 491 .1, within fourteen (14) days of filing the Commonwealth's Discovery .

CRITICAL

Applies to

Summons

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

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 re-issue a summons until the matter may be heard by the receiving judge.

CRITICAL

Applies to

Trial management report

All parties must file a Trial Management Report containing a case-facts summary, cited legal principles, expected-witness information, and estimated trial length.

All parties shall file with the court a Trial Management Report the date indicated in paragraph 3 of this order . The Trial Management Report will contain the following information : A. A concise summary of the facts of the case . B. - A statement of the principles of law involved in the case, supported by the citation of appropriace authority . C. A list of all witness names, addresses, and summary of the expected testimony of each witness expected to be called at trial . D. Estimated length of time to try the case .

CRITICAL

Applies to

Mediator report

The mediator must report the mediation's status and whether an agreement was reached; 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 a settlement

CRITICAL

Applies to

Statement for paternity file access

An attorney seeking permission to review or copy a paternity file must sign a statement that only the order of judgment may be shared with the client, including information concerning domestic violence, child abuse, and party addresses.

Pursuant to KRS 406.035, the attorney seeking permission to review and/or copy the paternity file shall sign a statement that the order of judgment is the only information which may be shared with the client, including information relating to domestic violence or child abuse as well as the addresses of the parties.

CRITICAL

Applies to

Appearance waiver or agreement

An unrepresented party signing and acknowledging an appearance and waiver or agreement must do so before a notary or deputy clerk.

Any unrepresented party who signs and acknowledges an appearance and waiver or agreement shall do so before a notary or deputy clerk.

CRITICAL

Applies to

Request for judicial order

A person requesting an order for a video copy must give the Family Court Judge a written explanation identifying the requested portion as an in-chambers child interview and stating the specific purpose of the request.

An individual requesting a judicial order must provide the Family Court Judge a written explanation for the request which specifically indicates the portion of the video record being requested is an in-chamber interview with a child and specific purpose for the request.

CRITICAL

Applies to

Written motion

A written motion requesting a judicial order must state its purpose.

judicial order must file a written motion with notice to all parties, including the child's Guardian ad Litem, if any, and set forth the purpose for the request.

CRITICAL

Applies to

Exhibits and charts

The parties must produce trial exhibits and charts for opposing counsel's inspection and mark them for identification.

B. Produce for inspection of opposing counsel, and mark for identification, all exhibits and-charts which will be used during trial .

CRITICAL

Applies to

Additional discovery motion

The Defendant may seek additional discovery by written motion, but the motion must be specific; broad discovery motions will be summarily overruled.

The Defendant, by and through Defense Counsel, may request, by written motion, additional discovery or seek the Court's assistance in obtaining other relief to which he/she may be entitled . Any motions for additional discovery must be very specific and not general in nature . The Court will summarily overrule broad motions for discovery.

CRITICAL

Applies to

Agreement or agreed order

All agreements and Agreed Orders must contain the correct mailing and e-mail addresses for the attorneys and parties.

C. All agreements and Agreed Orders shall contain the correct mailing and e-mail addresses for the attorneys and parties.

CRITICAL

Applies to

Itemized property list

(1) non-marital property belonging to the Petitioner and Respondent ; (2) marital property, itemized with the value stated after each item.

(1) non-marital property belonging to the Petitioner and Respondent ; (2) marital property, itemized with the value stated after each item.

CRITICAL

Applies to

Protective order petition

The reviewing judge must indicate in the petition’s “Court Action” section which of the two specified types of 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

Financial schedule

The financial schedule’s income should be shown by attached wage statements.

Income : (as shown by attached wage statements)

CRITICAL

Applies to

Evidence list

Law enforcement officers withholding evidence from the Commonwealth's Attorney's office for impracticality or security reasons must list the evidence and its safekeeping location, provide the list to the Commonwealth's Attorney, and include it in the Commonwealth's discovery filings.

All law enforcement officers possessing evidence not otherwise provided to the Commonwealth's Attorney office, due to impracticality or security reasons, shall make a list of said evidence and the location of safekeeping. This list shall be provided to the Commonwealth's Attorney and shall be made a part of the Commonwealth's Discovery filings.

CRITICAL

Applies to

Pleading motion or other paper

Must include

case number

Every filed pleading, motion, or other paper must state the case number and the signing attorney’s or party’s typed or printed name, address, telephone number, and e-mail address.

Every pleading, motion and other paper filed in the record by Counsel or 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.

CRITICAL

Applies to

Petition

A Case Data Information sheet (Form AOC-FC-3) must be filed with the petition.

A Case Data Information sheet shall be filed with the petition (Form AOC-FC-3).

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.

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.