Logan Circuit Court Document Filing Requirements

CRITICAL

Applies to

Summons

Summons must be issued by the Clerk in the name of the Commonwealth.

Summons are required to be issued by the Clerk "in the name of the Commonwealth." CR 4.02.

CRITICAL

Applies to

Certificate of completion

Each party must file the 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.

CRITICAL

Applies to

Protective order petition

Protective-order petitions must be accepted and filed with the court.

and shall be accepted and filed with the court.

CRITICAL

Applies to

Notice of motion

A CR 78(2) motion notice must identify the motion as made under that rule and inform the opposing attorney or unrepresented party that the motion may be routinely granted ten days after filing unless a response is filed.

The notice must state that the motion is made under CR 78(2) and shall direct the attention of the opposing attorney (or party, if there is no attorney) to the fact that under this local rule the motion may be granted routinely by the Court ten days after filing unless a response is filed.

CRITICAL

Applies to

Summons

When a matter is reassigned or transferred, the issuing judge must re-issue a summons until the receiving judge can hear it.

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

Ex parte order

Every tendered ex parte order must leave blanks for its issuance date and hour, define the injury, and state why it is irreparable and why the order was granted without notice.

Every tendered ex parte order shall contain blanks for the date and hour of issuance and shall define the injury and state why it is irreparable and why the order was granted without notice.

CRITICAL

Applies to

Tendered judgment

A tendered judgment containing the described debt-collector or debt-collection language will not be entered.

A tendered judgment will likewise not be entered where it contains such language.

CRITICAL

Applies to

Criminal record check

1. Have a criminal record check made [Pretrial Services at AOC will fax the Commonwealth attorney shall also conduct any other investigation deemed necessary as NCIC reports cannot be faxed] and shall supply a copy to the Court and Defendant.

1. Have a criminal record check made [Pretrial Services at AOC will fax the Commonwealth attorney shall also conduct any other investigation deemed necessary as NCIC reports cannot be faxed] and shall supply a copy to the Court and Defendant.

CRITICAL

Applies to

Petition

Protective-order petitions under KRS Chapters 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

Notice of hearing

Counsel must file written notice pursuant to the Civil Rules.

Counsel must confer with opposing counsel concerning the date and time (see Code of Professional Courtesy attached as Appendix D) and file written notice pursuant to the Civil Rules.

CRITICAL

Applies to

Prosecutor recommendation

When recommending diversion, the prosecutor must submit written recommendations stating the diversion conditions and the appropriate sentence if the agreement is unsuccessful.

3. When diversion is recommended, the prosecutor must make written 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.

CRITICAL

Applies to

Entry of appearance

An entry of appearance applies for all purposes unless counsel specifies otherwise, and a limited-purpose appearance must state the limited nature of the representation.

Unless counsel specifies otherwise, an entry of appearance is considered to be for all purposes. An entry of appearance for a limited purpose shall specify the limited nature of counsel's representation of the client.

CRITICAL

Applies to

Default judgment

The court will not enter a default judgment when the record indicates that the alleged default is based on a summons suggesting it was issued by a debt collector or is itself an effort to collect a debt.

Default Judgments will not be entered where the record indicates that the alleged default is based upon a "summons" containing language suggesting that it was issued by a debt collector or is itself an effort to collect a debt.

CRITICALCriminal cases

Applies to

Pretrial diversion application

The diversion application must state that counsel waives the speedy-trial or disposition right, and the defendant must agree to that waiver.

In applying for pretrial diversion, counsel for the defendant must state, and the defendant agree, to waive any right to a speedy trial or disposition of the charge(s) against him/her.

CRITICAL

Applies to

Default judgment motion

A default-judgment motion must comply with FCRPP 3(2), if applicable, and include counsel's certification regarding the defendant's military service in addition to CR 55.01 certifications.

Motions for Default Judgment must be in compliance with FCRPP 3(2), if applicable, and accompanied by a certification that to the best of the counsel's knowledge the defendant is not in the military service of the United States. This is in addition to the certification requirements of CR 55.01.

CRITICAL

Applies to

Petition form

The law enforcement officer involved will then supply a petition form and contact a judicial officer directly by telephone after it is completed by the petitioner as indicated below.

The law enforcement officer involved will then supply a petition form and contact a judicial officer directly by telephone after it is completed by the petitioner as indicated below.

CRITICAL

Applies to

Pretrial diversion application

When applying for pretrial diversion, defense counsel must state and the defendant must agree to waive any right to a speedy trial or disposition of the charges.

B. In applying for pretrial diversion, counsel for the defendant must state, and the defendant agree, to waive any right to a speedy trial or disposition of the charge(s) against him/her.

CRITICALCriminal cases

Applies to

Criminal record check

Before recommending on a petition, the Commonwealth's Attorney must obtain a criminal record check, provide a copy to the Court and defendant, and conduct any other investigation deemed necessary under KRS 533.252(3).

Before making a recommendation to the Court, the Commonwealth's Attorney shall: 1. Have a criminal record check made [Pretrial Services at AOC will fax the criminal history to the Commonwealth Attorney. Due to user agreement restrictions, NCIC reports cannot be faxed] and shall supply a copy to the Court and Defendant. The Commonwealth attorney shall also conduct any other investigation deemed necessary as required by KRS 533.252(3).

CRITICAL

Applies to

Counsel appearance

After appearing, counsel must remain of record through the notice-of-appeal filing period unless the Court relieves counsel upon written motion and notice.

Once having entered appearance, counsel shall remain of record, unless relieved of responsibilities by the Court upon written motion and notice (with a copy of the motion and notice to be served upon the client), until expiration of the time for filing a notice of appeal after the entry of Final Judgment or Order.

CRITICALCriminal cases

Applies to

Prosecutor recommendation

If recommending diversion, the prosecutor must submit written recommendations on diversion conditions and the appropriate sentence if the agreement is unsuccessful.

When diversion is recommended, the prosecutor must make written 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.

CRITICAL

Applies to

Domestic violence petition and emergency protective order forms

Police agencies must keep blank Domestic Violence Petition and Emergency Protective Order forms available to officers on all shifts when the Clerk's Office is closed.

All police agencies shall keep and maintain on hand the necessary blank Domestic Violence Petition (AOC-275,1) forms and Emergency Protective Order (EPO) forms (AOC-275.2) to be available to law enforcement officers on all shifts for use when the Circuit Court Clerk's Office is closed.

CRITICAL

Applies to

Pleadings motions entry of appearance

Counsel must include their office and mailing addresses, telephone number, fax number, and email address on pleadings, motions, and entries of appearance.

On pleadings, motions and in their entry of appearance, counsel shall set forth their office address, mailing address, telephone number, fax number and e-mail address.

CRITICAL

Applies to

Summons

The law does not authorize summons to be issued by debt collectors

The law does not authorize summons to be issued by debt collectors

CRITICAL

Applies to

Entry of appearance

Counsel must file a written entry of appearance immediately upon being retained unless the appearance is apparent from the record.

Immediately upon being retained, counsel shall file a written entry of appearance, unless counsel's entry of appearance is apparent from the record.

CRITICAL

Applies to

Ex parte injunctive order

A tendered ex parte order for injunctive relief must additionally include proposed findings of fact and conclusions of law.

Tendered ex parte orders for injunctive relief shall additionally contain proposed findings of fact and conclusions of law.

CRITICAL

Applies to

Ex parte motion

An application for emergency or ex parte relief must include a bond with surety, an affidavit or sworn complaint establishing the stated violation and immediate irreparable harm, and the applicant's attorney's certification about notice efforts and reasons notice should not be required.

The civil rules pertaining to such matter (CR 65.01 through CR 65.05) require 1: bond with surety, 2: affidavit or sworn complaint stating that the applicant's rights are being or will be violated by the adverse party and the applicant will suffer immediate and irreparable injury, loss or damage before the adverse party or his attorney can be heard in opposition, 3: certification by the applicant's attorney concerning the efforts, if any, which have been made to give notice and the reason supporting claims that notice should not be required.

CRITICAL

Applies to

Divorce decree

Divorce decrees must comply with FCRPP 3(1).

divorce decrees shall comply with the requirements of FCRPP 3(1)

CRITICAL

Applies to

Notice of motion

The CR 78(2) notice should substantially state that the motion will routinely be granted in ten days unless a response is filed and is submitted for decision under CR 78(2).

motion will routinely be granted by the court in ten days unless a response is filed. The foregoing motion is submitted to the court for decision pursuant to CR 78(2).

WARNING

Applies to

Motion

Motions concerning matters counsel believes may not be contested may proceed under CR 78(2) without oral hearings, on brief written statements of reasons in support and opposition.

Motions concerning matters which counsel believes may not be contested may be made under CR 78(2) without oral hearings upon brief written statements of reasons in support and opposition.

WARNING

Applies to

Divorce decree

should confirm that the parties have attended the Parent Education Clinic if ordered to attend, that jurisdictional and separation requirements (60 days pursuant to KRS 403.170) have been met, and that the file contains the vital statistics form required by KRS 213.116(4).

should confirm that the parties have attended the Parent Education Clinic if ordered to attend, that jurisdictional and separation requirements (60 days pursuant to KRS 403.170) have been met, and that the file contains the vital statistics form required by KRS 213.116(4).

WARNING

Applies to

Tendered document

A document identified in a Notice of Inaction should not be retendered until all listed deficiencies have been addressed.

The document should not be retendered to the Judge until each of the deficiencies listed in the Notice Of Inaction has been addressed.