Lincoln County Circuit Court, Kentucky Document Filing Requirements

CRITICALCivil cases

Applies to

Civil action

Custody, visitation, and other ancillary matters cannot be handled on the paternity docket and must be brought in a separate civil action.

No custody, visitation or other ancillary matters shall be handled on the paternity docket. The parties must file a separate civil action.

CRITICAL

Applies to

Motion for temporary child support

A motion 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

Revised final hearing submission

If the Court requires revisions, the Petitioner must tender revised findings and a separate judgment within three business days after the final hearing.

Should the Court require revisions, the Petitioner shall tender a revised Findings of Fact and Conclusions of Law and a separate Judgment of Adoption or Termination of Parental Rights within three (3) business days following the Final Hearing for the Court's entry.

CRITICALCivil cases

Applies to

Final hearing submission

The Petitioner must tender proposed findings and conclusions and a separate adoption or termination judgment at least three business days before the final hearing.

No later than three (3) business days prior to the Final Hearing, the Petitioner shall tender a proposed Findings of Fact and Conclusions of Law and a separate Judgment of Adoption or Termination of Parental Rights for entry by the Court.

CRITICAL

Applies to

Hearing notice

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.

CRITICALCivil cases

Applies to

Petition

The voluntary termination petition must be styled “In the interest of _, a child.”

Is the petition styled In the interest of _, a child? KRS 625.040(1)

CRITICALCivil cases

Applies to

Order or judgment

Every order and judgment must contain a distribution list that includes any actions the order or judgment requires of the Clerk.

All orders and judgments shall contain a distribution list, same to include any acts required of the Clerk by said order or judgment, as set out in the following example:

CRITICALCivil cases

Applies to

Intake form

A completed intake form must be submitted before staff mediation is scheduled, unless the Family Court Judge approves otherwise.

A completed intake form must be submitted prior to scheduling any mediation with the staff unless otherwise approved by the Family Court Judge.

CRITICALCriminal cases

Applies to

Recommendation

When recommending diversion, the Commonwealth must recommend its conditions and the sentence to impose if the agreement is unsuccessful; it may include both 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 .

CRITICAL

Applies to

Domestic violence petition

Must include

case number

Every domestic violence petition must be assigned a domestic violence “D” case number, with the appropriate trailer number if any, regardless of who reviews it.

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

Discovery requests

Copies of interrogatories, production requests, and requests for admission under CR 33, 34, and 36 must be filed with the Clerk.

Copies of interrogatories, request for production and requests for admissions made pursuant to CR 33, 34 and 36, shall be filed with the Clerk.

CRITICAL

Applies to

Motion

Motions, except those concerning 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

Affidavit for release of privileged records

The affidavit supporting a request for release of privileged records must state legitimate grounds and the statutory or common-law basis for issuing the subpoena and order.

which shall set forth legitimate grounds for the request. Said affidavit shall specifically state a statutory and/or common-law basis for the issuance of the subpoena and order.

CRITICAL

Applies to

Summary judgment motion

A summary judgment motion must specifically identify the material facts the movant contends are undisputed.

Motions for summary judgment shall specifically state the material fact (s) as to which the movant contends there is no genuine issue.

CRITICALCivil cases

Applies to

Motion for compensation

A motion for compensation must include an affidavit stating the appointment basis, services and hours, fee reasonableness, and whether the proceeding has concluded.

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.

CRITICALCivil cases

Applies to

Motion to submit uncontested action

Must include

proposed order

A motion to submit an uncontested action must include the proposed findings, conclusions, judgment, and decree the moving party wants the Court to adopt.

Any motion to submit an uncontested action must be accompanied by a proposed "Findings of Fact, Conclusions of Law, Judgment and Decree" which the moving party desires the Court to adopt.

CRITICALCriminal cases

Applies to

Diversion order

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.

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.

CRITICALCivil cases

Applies to

Order

The moving party must file an order incorporating the affidavit’s allegations and setting the judge- or staff-provided date for the responding party to show cause.

The party moving for a ruling to show cause against another party in a Family Court case shall file the following with the clerk: C. An order incorporating the allegation of the affidavit and setting the date which will be provided by the Judge or his/her staff, for the responding party to appear and show cause why he/she should not be held in contempt, e.g.:

CRITICALCivil cases

Applies to

Guardian ad litem fee motion and affidavit

The Guardian ad Litem fee Motion and Affidavit must be filed promptly at the final hearing or before entry of the final judgment.

Guardian ad Litem fee Motion and Affidavit shall be promptly filed at the final hearing or prior to entry of the final judgment.

CRITICALCivil cases

Applies to

Motion

A motion requesting an order to release an in-chamber child interview video must identify the portion requested and state the specific purpose of the request.

An individual requesting a judicial order must file a motion 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

Summary judgment motion

A summary judgment motion must identify the material facts the movant contends are undisputed.

Motions for summary judgment shall specifically state the material fact (s) as to which the movant contends there is no genuine issue.

CRITICALCivil cases

Applies to

Wage withholding

Counsel for the recipient must prepare and file the wage withholding using the specified forms, depending on who files it.

It shall be the responsibility of counsel for the recipient of the child to draft, file and mail the wage withholding utilizing the AOC Form 152 and the OMB-0970-0154 if filed by a private party or the CS-89 if filed by the state child support agency, in compliance with FCRPP 9.

CRITICALCivil cases

Applies to

Discovery motion

A party seeking an order compelling discovery, a protective order, or sanctions must include a counsel-signed certificate detailing resolution efforts and stating that Court intervention is necessary.

The party seeking entry of an order compelling discovery, entry of a protective order, or for sanctions shall include a "certificate of good faithi signed by counsel which details the efforts to resolve the dispute and that such dispute cannot be resolved without intervention of the Court

CRITICALCivil cases

Applies to

Separation agreement or agreed judgment

A Separation Agreement or Agreed Judgment providing for child support must include the Commonwealth of Kentucky Worksheet for Monthly Child Support Obligation as an attachment.

Any Separation Agreement or Agreed Judgment providing for a child support obligation shall include as an attachment thereto a Commonwealth of Kentucky Worksheet for Monthly Child Support Obligation.

CRITICALCivil cases

Applies to

Expense submission

If adoptive parents paid expenses for the biological parents, submit the expenses to the Court with an affidavit detailing them for the Court's approval or modification.

Did the adoptive parents pay any expenses for the biological parents? If yes, were the expenses submitted to the Court, supported by an affidavit, setting forth in detail a listing of the expenses for the Court's approval or modification? KRS 625.0405(2)

CRITICALCivil cases

Applies to

Affidavit

The moving party must file an affidavit stating facts that support the motion.

The party moving for a ruling to show cause against another party in a Family Court case shall file the following with the clerk: B. An affidavit setting forth facts supporting the motion.

CRITICAL

Applies to

Order of submission motion

After proof is taken, either party may move for an order of submission; the motion must state whether the action is contested and, if so, identify the disputed 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

Judgment of termination of parental rights

A judgment terminating parental rights may include only the child's name.

The Judgment of Termination of Parental Rights shall include only the name of the child.

CRITICALCivil cases

Applies to

Petition

The judge reviewing an order-of-protection 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.

WARNINGCivil cases

Applies to

Pleadings and papers

A GAL should file necessary pleadings and papers and maintain a complete file with notes rather than relying on court files.

A GAL should file all necessary pleadings and papers, and maintain a complete file with notes rather than relying upon court files.

WARNINGCivil cases

Applies to

Discovery answers

Answers to interrogatories, production requests, and requests for admission must not be filed unless the Court directs otherwise.

Answers to interrogatories, requests for production and requests for admissions shall not be filed unless otherwise directed by the Court.

WARNINGCivil cases

Applies to

Review hearing request

Any party may request the Court to conduct a review hearing at any time. The party requesting the review shall provide a clear statement of why a review hearing is necessary and attach any affidavits deemed appropriate.

Any party may request the Court to conduct a review hearing at any time. The party requesting the review shall provide a clear statement of why a review hearing is necessary and attach any affidavits deemed appropriate.

WARNINGCivil cases

Applies to

Motion

A motion should cite the relevant law relied upon by the movant.

The motion should contain citations to the relevant law relied upon by the movant.

WARNINGCivil cases

Applies to

Mediation materials

The mediator may require the parties to submit a confidential case statement or other materials; the excerpt ends before specifying further details.

The mediator may require the parties to submit a confidential statement of the case or other materials that

WARNINGCivil cases

Applies to

Guardian ad litem report

A GAL should submit an oral or written report to the court when ordered.

A GAL should submit, as ordered, an oral or written report to the court.

WARNINGCivil cases

Applies to

Proposed findings conclusions order

At the presiding judge’s request, the prevailing party must tender proposed findings, conclusions, and an order if the responding party is found in contempt.

D. Proposed Findings of Fact, Conclusions of Law and Order, or if the responding party is subsequently found to be in contempt, shall be tendered by the prevailing party at the request of the presiding Family Court Judge.

WARNINGCivil cases

Applies to

Motion

If the GAL believes services are untimely, unused, or ineffective, the GAL should file a motion for appropriate relief.

If a GAL believes services are not being provided in a timely manner, or if he/she believes the family has failed to take advantage of these services, or if the GAL believes the services are not accomplishing their purpose, he/she should file a motion for appropriate relief.

INFOCivil cases

Applies to

Agreement

With leave of Court, parties may request a live hearing if they have entered into and filed an agreement resolving all issues.

The parties may, by leave of Court, request a live hearing if the parties have entered into and filed agreement resolving all issues.