Lincoln County Circuit Court, Kentucky Document Filing Requirements

CRITICALCivil cases

Applies to

Judgment of adoption

The separate adoption judgment must change the child's name to conform with the petition's prayer.

In the separate Judgment of Adoption, the name of the child shall be changed to conform with the prayer of the petition, pursuant to KRS 199.520.

CRITICAL

Applies to

Motion for temporary child support

A party moving for temporary child support must include a completed guideline-consistent child support worksheet and affidavits supporting its data.

Every party moving for temporary child support shall include a completed child support worksheet, consistent with the child support guidelines, and affidavits to support the data on same.

CRITICALCivil cases

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

Notice of hearing

The notice served on the opposing party must state the hearing's time, date, and place.

The time, date and place of the hearing shall be included in the notice served upon the opposing party.

CRITICALCriminal cases

Applies to

Pretrial diversion application

When applying for pretrial 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 the pretrial 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 for the charge against him/her is waived.

CRITICALCivil cases

Applies to

Mediation agreement

With the parties’ consent, the mediator or the parties’ attorney is responsible for drafting the mediation agreement.

The Mediator or parties' attorney shall be responsible for the drafting of the agreement, with the consent of the parties.

CRITICALCivil cases

Applies to

Separation agreement and final decree

A Separation Agreement and Final Decree that includes parenting-time provisions must incorporate the ordered or approved parenting-time schedule and include the prescribed relocation language.

Each Separation Agreement and Final Decree, which includes provisions for parenting time, shall include a statement incorporating the parenting time-sharing schedule ordered by the Court or agreed to by the parties and approved by the Court, and shall also include the following language: The agreed parenting time-sharing schedule is based on the current residences of the parties. Any parent who wishes to relocate shall comply with the requirements of FCRPP 7(2) prior to such relocation.

CRITICAL

Applies to

Order of submission motion

After proof is taken, either party may seek an order of submission, and the motion must state whether the action is contested and identify any contested issues.

After completing the taking of proof, either party may move the Court for an order of submission. The motion shall state whether or not the action is contested and, if contested, the specific issues in controversy.

CRITICALCivil cases

Applies to

Certificate of completion

Each party must file the clinic certificate of completion in the court record.

A certificate of completion shall be provided to each participant completing the clinic and it shall be the responsibility of each party to file in the court record the certificate.

CRITICALCivil cases

Applies to

Motion

A request for a judicial order to release confidential video records must be made by written motion stating the purpose of the request.

An individual requesting a 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 of the request.

CRITICALCivil cases

Applies to

Guardian ad litem report

If yes, a final hearing may be scheduled if the report by the Guardian ad litem, if any, has been filed.

If yes, a final hearing may be scheduled if the report by the Guardian ad litem, if any, has been filed.

CRITICALCivil cases

Applies to

Notice of party death

The deceased party’s attorney must notify the Court and opposing counsel in writing within 10 days of learning of the party’s death.

If a party dies during the pendency of any proceeding, the attorney representing the deceased party shall promptly notify in writing the Court and opposing counsel within 10 days of learning of the party's death.

CRITICALCivil cases

Applies to

Adoption

The petitioner is expected to tender proposed Findings of Fact, Conclusions of Law, and a separate Judgment of Adoption.

Has the petitioner tendered a proposed Findings of Fact, Conclusions of Law and a separate Judgment of Adoption?

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.

CRITICALCriminal cases

Applies to

Commonwealth recommendation

A diversion recommendation must recommend diversion conditions and the sentence to impose if the agreement fails; both may appear in one recommendation.

When diversion is recommended, the Commonwealth must make 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 .252(3). Both may be included in one recommendation .

CRITICALCivil cases

Applies to

Settlement or continuance notice

Must include

proposed order

The written notice of settlement or continuance must be submitted by proposed order identifying the scheduled trial or hearing date and removing the matter from the hearing calendar.

Upon settlement of any case or request for a continuance where a trial or hearing has been scheduled, counsel shall promptly notify the Clerk and Court in writing by submission of a proposed order identifying the scheduled trial or hearing date and removing the matter from the hearing calendar.

CRITICAL

Applies to

Protective order petition

The judge reviewing a protective-order petition must indicate in its Court Action section whether the resulting 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

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.

CRITICALCivil cases

Applies to

Notice of motion

Each notice must state the motion’s subject matter and the action requested from the Court.

Each notice shall state therein, in general terms, the subject matter of the motion and the action of the Court requested by the movant.

CRITICAL

Applies to

Protective order petition

The reviewing judge must indicate in the petition’s “Court Action” section whether the resulting action is a domestic violence action or an interpersonal protective order action.

The judge reviewing a petition for any 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.

CRITICALCivil cases

Applies to

Voluntary termination petition

A voluntary termination petition must be filed with a motion to schedule final trial, an order scheduling trial, and a tendered order.

Along with the Petition for Termination of Parental Rights, a motion to schedule final trial and Order scheduling final trial shall be filed with the Circuit Clerk along with a tendered order.

CRITICALCriminal cases

Applies to

Motion response

The Commonwealth must make a recommendation to the Court in response to each motion.

The Commonwealth shall make a recommendation to the Court in response to each motion .

CRITICALCivil cases

Applies to

Proposed findings conclusions

Before the hearing, counsel must present proposed findings of fact, conclusions of law, and a decree signed by both parties and all counsel.

Prior to the hearing, counsel will present to the Court a proposed Findings of Fact, Conclusions of Law and Decree signed by both parties and all counsel.

CRITICALCivil cases

Applies to

Motion

The moving party must file a motion for a ruling to show cause and a hearing date, which the judge or staff will set.

The party moving for a ruling to show cause against another party in a Family Court case shall file the following with the clerk: A. A motion for a ruling to show cause and for a hearing date which shall be set by the Family Court Judge or his/her staff.

CRITICAL

Applies to

Trial brief

Before the case is submitted, the parties must file a trial brief identifying contested issues and the award or relief sought on them.

Prior to the submission of the case, the parties shall submit a trial brief stating what issues are contested and stating what award or relief is sought on the contested issues.

CRITICAL

Applies to

Motion

Motions, except for trial or pre-trial conference dates, must state their grounds and supporting legal authority.

F. All motions, except for trial or pre-trial conference dates, shall include a statement of the grounds for the motion and the legal authority relied upon in support of the motion.

CRITICALCivil cases

Applies to

Subpoena

Attorneys must prepare the subpoenas for their cases.

The attorneys shall prepare the subpoenas for their cases.

CRITICALCivil cases

Applies to

AOC Form DNA-12

At the specified hearings, CHFS must provide the court and all parties the FCRPP 28 information using AOC Form DNA-12.

At the dispositional hearing and the FCRPP 30 hearings (the six-month and other reviews and permanency reviews), the Cabinet for Health and Family Services shall provide the court and all parties with the information required pursuant to FCRPP 28 by completing AOC Form DNA-12.

CRITICALCivil cases

Applies to

Dispositional hearing submission

CHFS must provide a suggested parenting plan and explain proposed visit restrictions after citing specific findings.

In addition, CHFS shall provide a suggested parenting plan, and after citing specific findings, an explanation of any proposed court-ordered restrictions to be placed on the visits.

CRITICAL

Applies to

Trial brief

Before the case is submitted, the parties must submit a trial brief identifying contested issues and the award or relief sought on those issues.

Prior to the submission of the case, the parties shall submit a trial brief stating what issues are contested and stating what award or relief is sought on the contested issues.

CRITICALCivil cases

Applies to

Mediation agreement

An agreement reached during mediation must be put in writing and signed by all parties.

If an agreement is reached during the mediation conference, it shall be reduced to writing and signed by all parties.

CRITICALCivil cases

Applies to

Agreed order

An Agreed Order must include proposed findings of fact and conclusions of law when it involves a final and appealable matter or the law otherwise requires them, except for orders dealing solely with a procedural matter.

Any "Agreed Order," except one dealing solely with a procedural matter such as the method of presenting proof, shall be accompanied by a proposed Findings of Fact, and Conclusions of Law, if involving a final and appealable matter or otherwise required by law.

CRITICALCivil cases

Applies to

Motion notice

When counsel requests or agrees to pass or continue a pending motion, the moving party must re-notice it in writing under these Rules and the Civil Rules.

When a pending motion is passed or continued at the request of or by agreement of counsel, it shall be the moving party's obligation to re-notice in writing the motion in accordance with these Rules and the Civil Rules.

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 receiving judge may hear the matter.

CRITICALCivil cases

Applies to

Motion for release of privileged records

A subpoena and accompanying release order for psychiatric or other privileged records may be issued only by the Family Court on the requesting party's motion accompanied by an appropriate affidavit.

B. Subpoenas and accompanying orders for release of psychiatric and other privileged records shall only be issued by the Family Court upon motion by the requesting party, accompanied by an appropriate affidavit

CRITICALCivil cases

Applies to

Motion to submit

In cases tried by deposition or interrogatory, a motion to submit must be accompanied by a statement of desired findings of fact, conclusions of law, and judgment.

In any case tried by deposition or interrogatory, a motion to submit shall be accompanied by a statement of desired Findings of Fact, Conclusions of Law and Judgment.

CRITICALCivil cases

Applies to

Answer or report

The Guardian ad Litem or Military Attorney must file either an answer on behalf of the Respondent or a report stating that the Respondent is unable to present a defense after careful examination of the case.

Within fifty (50) days of the appointment, the Guardian ad Litem or Military Attorney shall either file an answer on behalf of the Respondent or a report stating that after careful examination of the case that the Respondent is unable to present a defense.

CRITICALCivil cases

Applies to

Petition

The involuntary termination petition must contain the verification and all required information.

Does the petition contain the verification and all required information? KRS 625.050(1) + (4))

CRITICALCivil cases

Applies to

Summons

A summons in an involuntary termination action must explain the consequences of termination, the need to respond immediately, and how to find hearing times and locations.

The summons in the action shall include a statement that termination of parental rights means loss of all rights to custody, co-parenting and communication with the child, and that if termination is granted, the parent will receive no notice of future legal proceedings concerning the child; an explanation of the need to respond immediately to the notice to prepare for trial because important hearings will take place prior to trial; and an explanation of how to find the time and place of hearings in the case.

CRITICALCivil cases

Applies to

Petition

The voluntary termination petition must contain all required information.

Does the petition contain all the required information? KRS 625.040(2)

CRITICALCriminal cases

Applies to

Order of diversion

The diversion order must include the listed terms, including applicable restitution and supervision provisions, required conditions, and duration limits tied to the five-year maximum and full restitution.

The Order of Diversion shall include: 1. Restitution, if applicable . 2. Whether the diversion shall be supervised or unsupervised . 3. Supervision fees, if applicable . 4. Duration of Diversion. 5. Require defendant to obey all rules and regulation imposed by Probation and Parole . 6. As required by KRS 533.030(1), direct the defendant not to commit any offense during the period of pretrial diversion . Specifically, direct the defendant to comply with any other provision of KRS 533 .030 or any other condition the Court deems appropriate. 7. That the petitioner remain drug and alcohol free and be subject to random testing, if applicable . 8. That the petitioner possess no firearm or any other deadly weapon . 9. Duration of the pretrial diversion shall not exceed five (5) years without agreement of the petitioner . 10 . Duration of the pretrial diversion shall not be less than the time required to make restitution in full and shall be extended if restitution is not paid in full.

CRITICAL

Applies to

Domestic violence petition

Every domestic violence petition must be assigned a domestic violence “D” case number and any appropriate trailer number, regardless of who reviews it and orders it filed.

All domestic violence petitions shall be assigned a domestic violence "D" case number with the appropriate trailer number, if any, regardless of who (district judge, circuit judge, or trial commissioner) reviews the petition and orders the case filed.

CRITICALCivil cases

Applies to

Motion

Must include

proposed order

Each motion must include an Order specifying the requested relief and a distribution list naming the parties or their counsel.

Each motion filed in the 28th Judicial Circuit Family Court shall be accompanied by an Order specifying the requested relief of the movant. Further, this Order shall include a distribution list which names the parties to the action or the counsel representing said parties.

CRITICALCivil cases

Applies to

Discovery answers

Must include

certificate of service

When serving discovery answers, answering counsel must file a simple certificate of service identifying any matter left unanswered.

Upon serving answers to any of the foregoing, counsel for the answering party shall file a simple certificate of service and shall identify any matter left unanswered.

CRITICALCivil cases

Applies to

Separation agreement

A Separation Agreement that deviates from the KRS Chapter 403 child support guidelines must state the reason for the deviation.

If the child support obligation established in the Separation Agreement does not correspond to the child support guidelines contained in KRS Chapter 403, the agreement must state the reason for deviation from the guidelines.

CRITICALCivil cases

Applies to

Disqualification document

The Family Court Judge must complete the appropriate AOC Notice of Disqualification form or another disqualification document.

The Family Court Judge shall complete the appropriate AOC form (Notice of Disqualification) or other disqualification document.

CRITICALCivil cases

Applies to

Mediator report

The mediator must report to the Court whether mediation concluded with or without an agreement on any or all issues.

The mediator shall report to the Court that the mediation has been completed with or without an agreement on any or all issues.

CRITICALCivil cases

Applies to

Motion to schedule final trial

After service is perfected on all parties, counsel must file a motion and schedule a final trial.

After service has been perfected on all parties, counsel shall file a motion and schedule a final trial.

CRITICALCivil cases

Each party must present pertinent motions, stipulations and agreements, witness, exhibit and document lists with appropriate information attached, and final financial statements in accordance with the FCRPP.

Each party shall present any pertinent motions; stipulations, and agreement reached; any witness, exhibit, and document lists, with appropriate intormation attached; and final financial statements in accordance with the FCRPP.

CRITICALCivil cases

Applies to

Case

Must include

caption

Cases filed in the family court must use the prescribed case style.

Cases filed in the family court of the 28t judicial circuit shall be styled as follows: COMMONWEALTH OF KENTUCKY 28th JUDICIAL CIRCUIT LINCOLN CIRCUIT COURT DIVISION III (FAMILY COURT) CASE NO. Or