Livingston County Circuit Court, Kentucky Document Filing Requirements

WARNING

Applies to

Judicial sale documents

The Master Commissioner will normally prepare the listed documents for a judicial sale: sale notice, report of sale, bill of costs, order of confirmation, order of distribution, and deed.

The Master Commissioner shall normally prepare the following documents in connection with any judicial sale: sale notice for advertising and posting; Commissioner's Report of Sale; Commissioner's Bill of Costs; Order of Confirmation; Order of Distribution; and Commissioner's Deed.

WARNING

Applies to

Final verified mandatory case disclosure

In appropriate cases with no change from the AOC-238, counsel may certify that fact or a party may swear or affirm it, and the AOC-238 may substitute for the final disclosure.

In appropriate cases, where there has been no change from the Preliminary Mandatory Disclosure Statement, AOC-238, the fact can be so certified by counsel or sworn or affirmed by a party and that document may be used as a substitute Final Verified Mandatory Case Disclosure.

INFO

Applies to

Order of sale

An order of sale may direct the Master Commissioner to pay outstanding ad valorem taxes assessed against the property.

(c) a directive that the Master Commissioner pay all outstanding ad valorem taxes assessed against the property,

INFO

Applies to

Motion

When a motion refers to deposition testimony, a transcript or condensed transcript may be filed with the motion instead of the original.

If testimony from the deposition is referred to in any motion before the Court, then a transcript or condensed transcript may be filed with the motion in lieu of the original.

INFO

Applies to

Withdrawal order

Counsel should include in the accompanying order a paragraph stating that the circuit clerk need not send the withdrawing attorney additional filings after the withdrawal order is entered.

In the order accompanying the motion, counsel should also include a paragraph that the circuit clerk need not send the withdrawing attorney a copy of any additional filings after entry of the order of withdrawal.

INFO

Applies to

Order of sale

An order of sale may direct the Master Commissioner to execute releases of mortgages and liens extinguished by the judicial sale.

(b) a directive that the Master Commissioner execute releases of mortgages and liens foreclosed and extinguished by reason of the judicial sale.

INFO

Applies to

Motion to withdraw

As a best practice, an attorney should file a motion to withdraw with notice to the client and a tendered order even after the matter has concluded.

Even after a matter has been concluded (such as a dissolution of marriage), best practice is for an attorney to file a Motion to Withdraw with Notice to the client and a tendered Order.

INFO

Applies to

Order of sale

An order of sale may include special conditions, such as on-site sale, combinations of multiple tracts, or additional advertising.

(a) special conditions of sale, for example, property to be sold on site; specific combinations of property containing multiple tracts; special advertising in addition to advertising required by statute;