Lyon County Circuit Court, Kentucky Document Filing Requirements

CRITICAL

Applies to

Petition

Petitions seeking 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

Order of sale

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

Orders of sale shall not contain: (a) specific dates on which the sale is to be conducted;

CRITICAL

Applies to

Motion to submit

When the marriage has minor children, submit a Child Support Worksheet and Uniform Child Support Order with the Motion to Submit.

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

Uncontested hearing submission

Uncontested dissolution, annulment, or legal-separation matters may be submitted for the next regular Rule Day or under the 10-day rule using a Notice of Submission or Motion to Submit so the clerk can calendar the case.

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

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

Pleading

Pleadings must provide the personal identifying information required by KRS Chapters 205, 403, 405, and 407.

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

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

Commissioners report of sale

If the purchaser is required to provide a bond, it 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.

CRITICALCriminal cases

Applies to

Pre trial diversion application

In applying for pre-trial diversion, defense counsel must state that the Defendant waives any 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 requesting entry of status quo order

A Motion Requesting Entry of the Status Quo Order must state that the Respondent has ten days to object to entry.

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

CRITICAL

Applies to

Pleading submitted by fax

The original document is still necessary to file after a fax copy is submitted.

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

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

Default judgment motion

A motion for default judgment must include a certificate or verification addressing the listed service, balance, and defendant-status information.

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.

CRITICAL

Applies to

Notice for rescheduling

The Plaintiff's or Movant’s attorney must notice a stacked case that was not tried for rescheduling at the next available Motion Day in that county.

Any case that is stacked but not tried shall be noticed by the Plaintiff's attorney (or the Movant’s attorney) for rescheduling at the next available Motion Day in that county.

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.

(b) 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

Response

An opposing party may request an oral hearing in its response and, if it does, must set the motion for a Rule Day or another time scheduled with the Court and opposing attorneys.

Should the party opposing the motion filed under this Rule wish to have an oral hearing on the question, that party may so state in their response and shall proceed to set the motion for a Rule Day at a given time or at such other time as may be scheduled with the Court and opposing attorneys.

CRITICAL

Applies to

Motion to submit

Submit proposed Findings of Fact, Conclusions of Law, and a Decree of Dissolution of Marriage 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

Motion to submit

The written waiver of the hearing right, executed by both parties, must be filed or attached to the Motion to Submit.

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

An order of sale must not designate the auctioneer or appraisers, except that a known reason for disqualification may be included.

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.

CRITICAL

Applies to

Case management conference notice

A Notice must be filed for the CMC to be scheduled; on the regular Rule Day, it is scheduled at 9:00 a.m. in Division II and 1:00 p.m. in Division I for the listed counties.

The Case Management Conference (CMC) referred to in FCRPP 2(6)(b) and 40 will be scheduled upon filing of a Notice as follows: (a) Caldwell County on the regular Rule Day at 9:00 a.m. in Division II and 1:00 p.m. in Division I. (b) Livingston County on the regular Rule Day at 9:00 a.m. in Division II and 1:00 p.m. in Division I. (c) Lyon County on the regular Rule Day on the regular Rule Day at 9:00 a.m. in Division II and 1:00 p.m. in Division I. (d) Trigg County on the regular Rule Day on the regular Rule Day at 9:00 a.m. in Division II and 1:00 p.m. in Division I.

CRITICAL

Applies to

Motion to submit

A default Motion to Submit is subject to the stated appearance, pleading, service-period, notice, and military-duty conditions.

M. Default cases where the Respondent has been properly served but failed to appear, pursuant to FRCPP 3(2) and: (a) no answer or pleading has been received by the moving party or counsel; (b) the Respondent was personally served more than twenty days before this Motion to Submit or, if served through a warning order attorney, the warning order attorney has filed his report and more than fifty days have elapsed since the appointment of the warning order attorney; (c) a copy of this Motion to Submit has been served on the Respondent at his/her last known address and the Respondent is not on active military duty.

CRITICALCriminal cases

Applies to

Commonwealth response

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

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

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.

(d) 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

Petition

Petitions seeking protection under KRS Chapter 403 or 456 must be made on form AOC-275.1 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

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 completion of the AOC-238, if filed.

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

Motion or memorandum

Must include

proposed order

Every motion, supporting memorandum, and memorandum in opposition must include a separate proposed order granting or denying the motion, as appropriate.

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

Contempt rule

The contempt rule must state a definite return date and time for the other party to appear and show cause.

The rule will recite that it is returnable before the Court at a day and time certain for the other party to appear and show cause why he/she should not be held in contempt.

CRITICAL

Applies to

Motion

A motion seeking a contempt rule must be supported by a sufficient affidavit or verification showing entitlement to relief, 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.

CRITICALCriminal cases

Applies to

Pre trial diversion application

Every pre-trial diversion application must be noticed for hearing.

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

CRITICAL

Applies to

Motion to submit

In dissolution actions, a checklist-and-certification attachment must be filed with the Motion to Submit.

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

Discovery motion

Must include

certificate of conference

A discovery motion must include a certificate stating that counsel conferred or corresponded with opposing counsel, could not resolve the dispute, and exhausted 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

Motion

A CR 78(2) motion must identify itself as made under that rule and notify opposing counsel that it may be routinely granted ten days after filing unless an objection or response is received.

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

Motion and response

Each motion must include a brief statement of its grounds and supporting authorities, in the motion or a separate memorandum, and responses must be in similar form.

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. The response to any motion shall be in similar form

CRITICAL

Applies to

Order of sale

An order for sale must include the specified caption, property, judgment, default-party, and certification information; abbreviations such as “etc.” and “et al” are prohibited in the caption.

Orders for the sale of property shall contain: (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; (b) a legal description of the property sought to be sold, together with the source of title of the present owner or owners; (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; (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); (e) the names of all parties who are in default; and (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.

WARNING

Applies to

Motion to submit attachment

If there are minor children, the checklist requires sixty days to have elapsed from the earliest listed service or appearance 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).

WARNING

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.

WARNING

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.

WARNING

Applies to

Order of sale

An order of sale may direct the Master Commissioner to execute releases, but if it does, it must state the book and page number for each lien to be released.

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

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.

WARNING

Applies to

Motion to submit attachment

If the parties have minor children and are ordered to attend the listed classes, 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.

WARNING

Applies to

Motion to submit attachment

The Motion to Submit attachment must provide the listed checklist information and certify it true and correct under penalty of perjury.

ATTACHMENT TO MOTION TO SUBMIT 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:

WARNING

Applies to

Motion to submit attachment

The required sworn deposition or affidavit must be filed in the record or attached to the Motion to Submit and address the specified testimony and circumstances.

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.

WARNING

Applies to

Motion to submit attachment

The checklist requires the final verified mandatory case disclosure or an affidavit to be filed with the Motion to Submit, 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.

WARNING

Applies to

Order of sale

An order of sale may direct payment of outstanding property taxes, but such a directive must identify the taxed person or persons, tax year, and tax bill number.

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

WARNING

Applies to

Petition

In a dissolution action in the 56th Judicial Circuit, if the initial appearance may be 30 or more days after filing, a Motion Requesting Entry of the AOC 237 Status Quo Order may be filed 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.

WARNING

Applies to

Motion to submit

Must include

certificate of service

The Motion to Submit form includes a certificate-of-service section.

CERTIFICATE OF SERVICE:

WARNING

Applies to

Order

Counsel should include in the accompanying order a paragraph stating that the circuit clerk need not send the withdrawing attorney copies of 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.

WARNING

Applies to

Bond

A creditor purchasing property to enforce its mortgage or lien need not provide a bond unless the order of sale directs otherwise.

Unless the Court otherwise directs in the Order of Sale, no bond shall be required of a purchasing creditor seeking to enforce its mortgage or lien on the property.

WARNING

Applies to

Motion to submit

The Motion to Submit must include 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.

INFO

Applies to

Order of sale

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

Orders of sale may contain: (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;