Livingston County Circuit Court, Kentucky Document Filing Requirements

CRITICAL

Applies to

Motion to submit attachment

F. The Separation Agreement/Property Settlement Agreement, if any, acknowledging the agreement between the parties was filed in the record on ___________________ or is attached with this Motion to Submit.

F. The Separation Agreement/Property Settlement Agreement, if any, acknowledging the agreement between the parties was filed in the record on ___________________ or is attached with this Motion to Submit.

CRITICAL

Applies to

Final verified disclosure statement

If property matters are disputed at trial, the parties must file an AOC-239 no later than five days before trial, or may file an affidavit stating there have been no changes since the AOC-238 was completed.

No later than five (5) days prior to the trial, the parties shall file an AOC-239, Final Verified Disclosure Statement, in the record if property matters are in dispute at that trial; or the parties may file an affidavit that there are no changes in circumstances since the completion of the AOC-238, Preliminary Verified Disclosure Statement, if filed.

CRITICAL

Applies to

Pleading

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

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

CRITICAL

Applies to

Order of sale

If an order of sale directs payment of outstanding ad valorem taxes, it must identify the person or persons in whose name the property was taxed, the tax year, and the tax bill number.

provided that such directive also identifies the person or persons in whose name the property has been taxed, the year in which the tax is due, and the tax bill number.

CRITICAL

Applies to

Notice of service

Discovery answers and compliance need not be filed with the Court, but a Notice of Service under the applicable Civil Rule must be filed in the record.

Answers and compliance with discovery requests need not be filed with the Court. Instead, a Notice of Service under the applicable Civil Rule shall be filed in the record.

CRITICAL

Applies to

Motion to submit

The Motion to Submit form provides for an attached checklist and certification.

ATTACHMENT TO MOTION TO SUBMIT Checklist and Certification

CRITICAL

Applies to

Commissioners report of sale

If the purchaser is required to provide a bond, the bond must be filed with the Commissioner's Report of Sale.

If a bond is required of the purchaser, the bond shall be filed along with the Commissioner's Report of Sale.

CRITICAL

Applies to

Motion to submit

When the marriage has minor children, the Motion to Submit checklist calls for a Child Support Worksheet and Uniform Child Support Order (AOC-152) to be submitted with the motion.

K. If there are minor children of this marriage, a Child Support Worksheet and a Uniform Child Support Order (AOC- 152) are submitted with this Motion to Submit.

CRITICAL

Applies to

Judicial sale documents

When the facts make it necessary or desirable for a party to prepare one of the listed judicial-sale documents, that party or attorney must coordinate its preparation with the Master Commissioner.

When the facts of a particular case render it necessary or desirable that a party prepare any of these documents, that party or attorney shall coordinate the preparation with the Master Commissioner.

CRITICAL

Applies to

Motion

Each motion must include a brief statement of its grounds and citations to relied-upon authorities, either in the motion body or a separate memorandum.

There shall be filed with each motion a brief statement of the grounds for it, with citations of authorities relied upon, which may be set forth in the body of the motion or separate memorandum.

CRITICAL

Applies to

Deposition original

Deposition originals need not be filed; if they are not filed, the noticing attorney must be the custodian of the record under CR 5.06.

Originals of depositions need not be filed with the Court. If not filed, the attorney who noticed the taking of the deposition shall be the custodian of the record as set out in CR 5.06.

CRITICAL

Applies to

Notice of case management conference

A Notice must be filed for the Case Management Conference to be scheduled.

The Case Management Conference (CMC) referred to in FCRPP 2(6)(b) and 40 will be scheduled upon filing of a Notice as follows:

CRITICALCriminal cases

Applies to

Pre trial diversion application

Every pre-trial diversion application must be noticed for hearing and served upon the Commonwealth Attorney.

Every application for pre-trial diversion shall notice the application for hearing with service upon the Commonwealth Attorney

CRITICAL

Applies to

Faxed pleading

The original must still be filed after a fax copy, and the clerk attaches it to the fax copy already of record.

Upon receipt of the original, which is still necessary to file, the clerk will attach it to the fax copy already of record.

CRITICAL

Applies to

Discovery motion

Must include

certificate of conference

A discovery motion must include a counsel’s certificate confirming consultation with opposing counsel, unresolved differences, and exhaustion of reasonable extrajudicial means.

No motions pertaining to discovery shall be made to the Court unless there is appended to such motion or contained within it a certificate of counsel that he/she has conferred or corresponded with opposing counsel, that they are unable to reconcile their differences, and that counsel has otherwise exhausted reasonable extrajudicial means in an effort to resolve discovery differences.

CRITICAL

Applies to

Order of sale

For an order enforcing a money judgment, the order of sale must state the judgment amount as of a specified day, the daily accruing interest, and the contract interest rate.

(d) the dollar amount of the judgment on a day certain, together with the daily amount of accruing interest and contract rate of interest (if the order of sale is for the purpose of enforcing a judgment for money);

CRITICAL

Applies to

Motion

A CR 78(2) movant must identify the motion as filed under that rule and alert opposing counsel that it may be granted routinely ten days after filing absent an objection or response.

The movant, in the Notice, Certificate of Service, or elsewhere in the motion, shall state that the motion is made under CR 78(2) and shall direct the opposing attorney's attention to the fact that under this local rule, the motion may be granted routinely by the Court ten (10) days after filing, unless an objection is received or a response filed.

CRITICAL

Applies to

Order of sale

An order of sale must include a legal description of the property and the source of title of its present owner or owners.

(b) a legal description of the property sought to be sold, together with the source of title of the present owner or owners;

CRITICAL

Applies to

Motion to submit attachment

The attached checklist provides the required information and certifies its accuracy under penalty of perjury.

The undersigned provides the following information in compliance with FCRPP 3(1) and certifies that the information is true and correct under penalty of perjury:

CRITICAL

Applies to

Petition

Petitions for protection under KRS Chapter 403 or 456 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 KRS 403.725, KRS 456.030.

CRITICAL

Applies to

Motion to submit

In dissolution actions, a Motion to Submit must be filed with an attached checklist and certification in Form 2 or a similar document.

In order to comply with FCRPP 3(1) in dissolution actions an attachment to Motion to Submit with a checklist and certification must also be filed (Form 2 in Appendix 2 of these rules or other similar document).

CRITICAL

Applies to

Contempt motion

Must include

proposed order

A contempt motion seeking a rule must be supported by a sufficient affidavit or verification, and a tendered order must also be submitted.

A motion shall be filed, asking for the rule, supported by a sufficient affidavit or verification of the motion showing the applicant is entitled to the relief. A tendered order shall also be submitted.

CRITICAL

Applies to

Uncontested matter submission

Uncontested matters may be submitted for the next regular Rule Day or under the 10-day rule using either a Notice of Submission or a Motion to Submit.

Uncontested hearings for dissolution of marriage, annulments, or legal separations, may be submitted for the next regular Rule Day or under LR 204(10) (10-day rule) with either a Notice of Submission or Motion to Submit so that the circuit clerk will calendar the case and bring it to the Court’s attention (Form 1 in Appendix 2 of these rules or similar document).

CRITICAL

Applies to

Motion to submit

The Motion to Submit checklist calls for a written waiver of the hearing right, executed by both parties and filed with the Clerk or attached to the motion.

I. The written waiver of the right to a hearing executed by both parties was filed with the Clerk on ____________________ or is attached with this Motion to Submit.

CRITICAL

Applies to

Order of sale

If an order of sale directs the Master Commissioner to release foreclosed mortgages or liens, it must state the book and page number where each lien is recorded.

If the order of sale contains such directive, it shall also contain the book and page number where each lien to be released is recorded;

CRITICAL

Applies to

Motion requesting entry of status quo order

A motion requesting entry of a Status Quo Order must state that the Respondent has ten days to object.

The Motion must state that the Respondent has ten days to file an objection to entry of said Order.

CRITICAL

Applies to

Motion to submit attachment

The required sworn deposition or affidavit must be in the record or attached to the Motion to Submit.

G. The written Deposition or Affidavit, executed under oath, by either party setting forth the testimony required at a hearing as required by KRS 403.025(irretrievable breakdown and residency) as well as confirmation that the parties have lived apart for in excess of sixty (60) days and that there has been no material change in circumstances of the parties since the filing of this action or since taking any proof in this action, was filed in the record on ___________________ or is attached with this Motion to Submit.

CRITICAL

Applies to

Motion to submit

If ordered to attend the Parent Education Clinic, the party must submit proof of attendance with the Motion to Submit.

If ordered to attend the Parent Education Clinic, proof of attendance must be submitted with the Motion to Submit referred to above.

CRITICAL

Applies to

Order of sale

An order of sale must include a complete caption naming every party to be bound, without abbreviations such as “etc.” or “et al.”

(a) a complete caption setting forth the names of all parties to be bound by the judicial sale. Abbreviations such as “etc.” or “et al” shall not be used;

CRITICAL

Applies to

Order of sale

An order of sale must not designate the auctioneer or appraisers, but may state a known reason why an auctioneer or appraiser should be disqualified in that case.

(b) designations of the auctioneer or appraisers to be used by the Master Commissioner, provided, however, if a party knows of any reason that an auctioneer or appraiser should be disqualified to serve in a particular case, such disqualification may be made a part of the order of sale.

CRITICALCriminal cases

Applies to

Commonwealth attorney response

The Commonwealth Attorney must respond to an application for entry into the Pre-Trial Diversion Program in writing and of record.

Upon application to the Court and the Commonwealth Attorney for entry to the Pre-Trial Diversion Program, the Commonwealth Attorney shall respond in writing and of record

CRITICAL

Applies to

Motion response

A response to a motion must be in similar form to the motion statement, filed with the Clerk at least two days before the hearing, and properly served on opposing counsel or an unrepresented party entitled to notice.

The response to any motion shall be in similar form and shall be filed with the Clerk at least two (2) days prior to the scheduled hearing date and properly served upon opposing counsel, or party not represented by counsel and entitled to notice.

CRITICAL

Applies to

Motion to submit

If restoration to a former name is requested, the request must be in writing and filed in the record or attached to the Motion to Submit.

J. If either party has requested restoration to a former name, that request is in writing and was filed in the record or is attached with this Motion to Submit.

CRITICAL

Applies to

Motion to submit attachment

For cases with minor children, the checklist requires that 60 days have elapsed from the earliest listed service, appointment, or filing event.

H. If there are minor children, sixty (60) days have elapsed from the date of service of summons, the appointment of a Warning Order Attorney, or the filing of the entry of appearance or responsive pleading by Respondent, whichever occurred first (KRS 403.044).

CRITICAL

Applies to

Domestic violence petition

During regular business hours, the authorized agency or officer must present a received petition to a district judge or trial commissioner.

C. Upon receipt of a petition during regular business hours, the authorized agency/ officer shall present the petition to the following: 1. District judges 2. Trial commissioners

CRITICAL

Applies to

Order of sale

An order of sale must name all parties who are in default.

(e) the names of all parties who are in default; and

CRITICALCriminal cases

Applies to

Pre trial diversion application

In applying for pre-trial diversion, defense counsel must state that the Defendant waives the right to speedy trial or disposition, and the Defendant must agree to that waiver.

In making application for pre-trial diversion, counsel for the Defendant shall state, and the Defendant shall agree, to waive any right to speedy trial or disposition of the charge against them

CRITICAL

Applies to

Motion to submit

The Motion to Submit includes a certification that the attachment's information is true and correct.

The undersigned certifies that the information contained on the attachment is true and correct.

CRITICAL

Applies to

Motion or supporting memorandum or opposition

Must include

proposed order

Each motion, supporting memorandum, or memorandum in opposition must be accompanied by a separate tendered proposed order granting the requested relief or denying the motion.

Every motion or supporting memorandum or memorandum in opposition thereto shall be accompanied by a tendered separate proposed order granting the requested relief or denying the motion, as the case may be.

CRITICAL

Applies to

Order of sale

An order of sale must state that a party certified that all entities with an interest in the property, including mortgage or lien holders, have been named in the action.

(f) a statement that a party has certified that all entities having an interest in the property including any entities holding a mortgage or lien against the property have been named in the action.

CRITICAL

Applies to

Domestic violence petition

After regular business hours, the authorized agency or officer must present a received petition to a district judge or trial commissioner.

D Upon receipt of a petition after regular business hours, the authorized agency/ officer shall present the petition to: 1. District judges 2. Trial commissioners

CRITICAL

Applies to

Motion to submit attachment

The checklist states that the preliminary disclosure was filed and that the final disclosure or affidavit was filed with the motion, unless waived under LR 702.

D. The Preliminary Verified Disclosure Statement AOC-238 was filed with the Clerk on _________________. The Final Verified Mandatory Case Disclosure AOC-239 or affidavit has been filed with this Motion to Submit pursuant to FRCPP 3(3)(b); or has been waived pursuant to LR 702.

CRITICAL

Applies to

Order of sale

An order of sale must state the property's address or that it has no address, and include any number assigned to it by the tax assessor, such as its property identification number.

(c) the address of the property sought to be sold or, if it is true, a recitation of the fact that the property has no address, and any number(s) assigned to the property by the tax assessor such as the property identification number;

CRITICAL

Applies to

Motion to submit attachment

If the parties have minor children and are ordered to attend a specified class, the completion certificates must be filed in the record or attached to the Motion to Submit.

E. The parties do/do not (circle one) have minor children of this marriage. If they do and the parties are ordered to attend divorce education/parenting class/kids time class,, then copies of certificates of completion of the class as required by LR 708 were filed in the record on __________________ or are attached with this Motion to Submit.

CRITICAL

Applies to

Motion to submit

In default cases, the moving party must comply with FRCPP 3(2) in the Motion to Submit.

In all default cases, the moving party will comply with FRCPP 3(2) in the Motion to Submit.

CRITICAL

Applies to

Discovery response

Written discovery responses must restate each interrogatory or request, provide the answer, and be subscribed and sworn by a party.

In answering written interrogatories or discovery requests served on a party, each interrogatory or request shall be restated, followed by the answer and shall be subscribed and sworn by a party.

CRITICAL

Applies to

Motion to submit

A proposed Findings of Fact, Conclusions of Law, and Decree of Dissolution of Marriage is submitted with the Motion to Submit.

L. A proposed Findings of Fact, Conclusions of Law, and Decree of Dissolution of Marriage is submitted with this Motion to Submit.

CRITICAL

Applies to

Order of sale

An order of sale must not specify the dates on which the sale will be conducted.

(a) specific dates on which the sale is to be conducted; or

CRITICAL

Applies to

Default judgment motion

Each default-judgment motion must include a certificate or verification stating the listed service, balance, and defendant-status facts.

All motions for Default Judgment shall comply with CR 55.01 and shall be accompanied by an appropriate certificate or verification that: (a) no papers have been served on Plaintiff’s counsel by the Defendant in default; (b) the date of service and type of service upon the Defendant(s); (c) the balance due on the obligation; and (d) a statement that to counsel’s knowledge, no defaulting Defendant is currently a member of the Armed Services or under any legal disability.

WARNING

Applies to

Petition

If the initial appearance may be 30 or more days after filing a dissolution action, the petitioner may file a Motion Requesting Entry of the AOC 237 Status Quo Order with the Petition.

However, in the 56th Judicial Circuit, if the initial court appearance may not occur for thirty (30) days or more after the initial filing of an action for Dissolution of Marriage, upon Motion Requesting Entry of the AOC 237, a Status Quo Order, may be filed with the Petition.