Madison Circuit Court Document Filing Requirements

CRITICAL

Applies to

Pleadings

If the child support award deviates from the Guidelines, the pleadings must state that the parties know the Guidelines award and knowingly agree to depart from it.

If there is a deviation from the award arrived at by using the Guidelines, the pleadings shall state that the parties are aware of the Guidelines award and knowingly agree to depart from same

CRITICALCivil cases

Applies to

Motion to consolidate or join

When a case involves the same parties and common questions of law or fact, the parties must move to consolidate or join the actions, although the Court may consolidate them on its own motion.

If a case involves the same parties and common questions of law or fact, the parties shall file a motion to consolidate or join the actions, or the Court may consolidate the actions on its own motion.

CRITICAL

Applies to

Motion

Every motion for default or summary judgment and order of sale shall be served by facsimile, e-mail, or U.S. Mail on the Master Commissioner at the time of the filing and accompanied by a tendered judgment and order of sale and an order referring the case to the Master Commissioner (AOC-141 form or its equivalent).

Every motion for default or summary judgment and order of sale shall be served by facsimile, e-mail, or U.S. Mail on the Master Commissioner at the time of the filing and accompanied by a tendered judgment and order of sale and an order referring the case to the Master Commissioner (AOC-141 form or its equivalent).

CRITICAL

Applies to

Special assignment order

Must include

proposed order

When the Commissioner is recused, counsel must submit a proposed Special Assignment order, and the order must be entered for the transfer to take effect.

Counsel for the parties shall submit to the circuit judge assigned to the matter a proposed order of Special Assignment, appointing the other Commissioner to hear the matter . The Order of Special Assignment must be entered in order to effectuate the transfer to the other Commissioner .

CRITICAL

Applies to

Order of sale

An order of sale must include a Clerk’s Certificate indicating that a copy is to be served on the Master Commissioner.

The order of sale shall specifically indicate the purpose of the referral and the duties to be performed by the Master Commissioner and shall include a Clerk's Certificate indicating a copy of the order of sale is to be served on the Master Commissioner.

CRITICALCivil cases

Applies to

Joint statement

When mediation resolves only some issues or results in agreements on other matters, the parties must submit a joint statement identifying resolved issues and issues remaining for trial.

If some but not all of the issues in the case are settled during mediation or if agreements are reached to limit discovery or on any other matter, the parties shall submit a joint statement to the Court enumerating the issues that have been resolved and the issues that remain for trial.

CRITICALCivil cases

Applies to

Written motion

A person seeking a video judicial order must file a written motion stating the request's purpose.

An individual requesting a video judicial order must file a written motion, with notice to the parties. including the child's Guardian Ad Litem, if any, and set forth the purpose of the request.

CRITICAL

Applies to

Order or judgment

After a ruling, verdict, or judgment, counsel must prepare and tender a conforming order or judgment within ten days; the Court prepares or dictates all findings of fact and conclusions of law.

Whenever any ruling is made, verdict returned, or judgment rendered, an order or Judgment in conformity therewith shall be prepared and tendered by counsel within ten (10) days from date of ruling . (The Court shall prepare or dictate all Findings of Fact and Conclusions of Law .)

CRITICALCivil cases

Applies to

Disclosure waiver

Counsel may not sign disclosure waivers for their clients.

Counsel may not sign waivers on behalf of their clients.

CRITICAL

The Commonwealth and the Defendant must represent to the Court that they made a good-faith effort to resolve the matters complained of in the indictment.

The Commonwealth and the Defendant must represent to the Court that a good faith effort has been made to resolve the matters complained of in the indictment.

CRITICAL

Applies to

Protective order petition

During regular business hours, a protective-order petition must be obtained, sworn to, and filed with the Clark or Madison County Circuit Clerk.

During regular business hours, the petition shall be obtained, sworn to, and filed in the Offices of the Clark or Madison County Circuit Clerk.

CRITICAL

Applies to

Proposed order

Must include

certificate of service

A proposed order or judgment must include a certificate of service documenting the tender, service, and date, and stating that it will be signed and entered unless written objections are filed within ten days after service.

The proposed order or Judgment, for purposes of this paragraph, shall include a Certificate of Service showing the fact of the tender and service, the date of the same, and that the proposed order or Judgment will be signed and entered unless written objections have been filed within ten (10) days from the date of service .

CRITICAL

Applies to

Objection and motion to set aside or modify report

An appeal from the Commissioner's report must use the stated title and briefly state the express reasons for appeal.

Appeals from the Commissioner's report shall be styled "Objections to Report of Master Commissioner and Motion to Set Aside (or Modify, as the case may be) Report ." Such objection and motion shall briefly state express reasons for appeal

CRITICAL

Applies to

Motion

A motion must be accompanied by notice of its hearing date or it will be summarily overruled, unless good cause is shown.

Any motion not accompanied by notice of date for hearing shall be summarily overruled except for good cause shown.

CRITICAL

Applies to

Order of sale

An order of sale must specify the purpose of the referral and the Master Commissioner’s duties.

The order of sale shall specifically indicate the purpose of the referral and the duties to be performed by the Master Commissioner

CRITICALCivil cases

Applies to

Pre hearing memorandum

Each party's Pre-hearing Memorandum must include the specified dispute, financial, property, witness, exhibit, special-problem, custody, support, and hearing information.

At least seven (7) days prior to the Case Management Conference. cach party shall file a Pre-hearing Memorandum which shall include the following information; 1. All issues in dispute. 2. All issues resolved by stipulation or agreement. 3. Income and Expense Schedule: Employment status, including income and deductions therefrom; b. Income from sources other than employment: C. Present monthly expenses: 4. Property Schedule and proposed division of: Marital real estate including the fair market value and the unpaid balance of any liens thereon; Marital personal property including the value and the unpaid balance of any liens thereon: Marital debts including the date incurred and the Non-marital real estate including the fair market balance thereon: value, the balance of any liens thereon, and the legal basis relied upon to support such a designation; e. Non-marital personal property including the valuc. the balance of any liens thereon, and the legal basis relied upon to support such a designation: f. Non-marital debts including the date incurred and the balance thereon. List of all witnesses. both expert and lay, and a brief statement of the issues about which the witness will testify. 6_ List of documents and exhibits. Statement of special problems In contested child custody matters: a. custody and timesharing: A brief statement supporting the party's position on b. Whether the parties have met with the Family Court Support Worker: c. including, but not limited to. juvenile, criminal and List of all other cases involving the child(ren) custody matiers. In contested child support matters: a. Attach a Child Support Guidelines Worksheet; b. A brief statement on the issues in dispute. Estimated length of hearing and whether testimony is to be taken by deposition or by oral testimony before the Court.

CRITICAL

Applies to

Order or judgment

An order or judgment requiring service on the Master Commissioner must include counsel's certificate at the bottom of its last page stating that the Clerk must serve it on the Commissioner.

such Order or Judgment shall contain a certificate of the counsel preparing same, at the bottom of the last page thereof, to the effect that it is an Order or Judgment concerning which the Clerk is required to serve on the Commissioner .

CRITICAL

Applies to

Uncontested case election

Counsel electing the written-deposition process must file a Motion to Assign, Waiver, Entry of Appearance, and Agreement to Take Proof by Deposition.

In order to elect this process, counsel must file a Motion to Assign, Waiver, Entry of Appearance and Agreement to Take Proof by Deposition in the record .

CRITICAL

Applies to

Indictment or information

The Commonwealth Attorney must prepare sufficient copies of each indictment or information and deliver them to the Clerk with the original.

At the time of the preparation of each indictment or information, the Commonwealth Attorney shall prepare sufficient copies and deliver the same to the Clerk, with the original, so that a copy shall be delivered to each defendant when he/she is served with the warrant or summons .

CRITICAL

Applies to

Order

Every order's caption must state the exact nature of the order.

The caption to all Orders shall state the exact nature of the Order, for example, "Order of Dismissal," "Order Fixing Temporary Maintenance," "Order Directing Answering of Interrogatories," etc .

CRITICALCivil cases

Applies to

Settlement order

If a case settles before or during mediation, an attorney for a party must prepare and submit an order reflecting the settlement.

If a case is sentled prior to or during mediation, an attorney for one of the parties shall prepare and submit to the Court an Order reflecting the fact of settlement as in any other case.

CRITICALCivil cases

Applies to

Pre caring memorandum

A petitioner who elects to have the Family Court Judge hear the case must request that option in the Pre-caring Memorandum; absent the respondent’s prompt objection before the Case Management Conference, both parties are deemed to have opted for oral testimony.

To exercise the option to have the case heard. Petitioner shall make the request on the Pre-caring Memorandum filed prior to the Case Management Conference. Unless the Respondent promptly objects prior to the date of the Case Management Conference, it will be considered that both parties have opted to proceed by oral testimony.

CRITICAL

Applies to

Substitution order

A represented party may not act on their own behalf until a substitution order is made after reasonable notice to counsel and any opposing party, although the Court may hear the party in open court.

Whenever a party has appeared by attorney, he may not thereafter appear or act in his own behalf in the action, or take any step therein, unless an order of substitution shall first have been made by the Court after reasonable notice to the attorney by such party, and to any opposite party ; provided that the Court may, in its discretion, hear a party in open court, notwithstanding the fact that he/she has appeared or is represented by an attorney .

CRITICAL

Applies to

Motion

A motion must be accompanied by notice of its hearing date or it will be summarily overruled, unless good cause is shown.

Any motion not accompanied by notice of date for hearing shall be summarily overruled except for good cause shown

CRITICALCivil cases

Must include

certificate of conference

Before testimony is taken on a motion, counsel must certify in writing or on the record that a good-faith negotiation attempt was made to resolve the issues.

Prior to the taking of testimony on any motion, counsel shall certify, either in writing or on the record that a good faith attempt has been made through negotiations to resolve the issue(s) to be heard.

CRITICALCivil cases

Applies to

Uncontested final submission

In an uncontested case with a written separation agreement executed by both parties and filed in the record, the parties must submit an Agreed Order, proof by deposition or written interrogatories, and a proposed Decree of Dissolution; if no Agreed Order has been signed, either party may file a Motion to Submit.

In uncontested cases where there is a written Separation Agreement executed by both parties and filed in the record, the The parties must file an Agreed Order to take proof by deposition or wrilten interrogatories and submit on the record. proof by deposition or written interrogatories and a proposed Decree of Dissolution to the Family Court Judge, In the event no Agreed Order has been signed, either party may file a Motion to Submit.

CRITICAL

Applies to

Sworn disclosures

Parties in dissolution actions without a full agreement within 15 days of filing must file sworn disclosures.

in all actions for dissolution of marriage in which an agreement regarding all issues has not been reached within fifteen (15) days of the filing date, the parties shall file sworn disclosures

CRITICALCivil cases

Applies to

Petition

Protective-order petitions under KRS Chapter 403 or Chapter 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.

CRITICALCivil cases

Applies to

Motion to waive venue

A case in which neither party resides in Clark or Madison County may be heard only if a Motion to Waive Venue stating good cause is filed and sustained by the Court.

No cases shall be heard in which neither party resides in Clark or Madison County unless a Motion to Waive Venue stating good cause is filed and sustained by the Court.

CRITICALCivil cases

Applies to

Agreement filed of record

Agreements filed of record must be signed by both parties, not only by counsel.

All agreements between parties filed of record must be signed by both parties (not merely by the parties counsel).

CRITICAL

Applies to

Pleadings and entry of appearance

Counsel must include specified office and contact information on pleadings and in the entry of appearance.

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

CRITICAL

Applies to

Agreed order of dismissal

When a civil action settles, the parties or their counsel must prepare and tender a signed agreed dismissal order to the presiding judge.

An Agreed Order of Dismissal, signed by all parties or their counsel, shall be prepared and tendered to the presiding judge for signature upon the settlement of any civil action.

CRITICAL

Applies to

Verified factual disclosure form

Discovery may not occur until the verified factual disclosure form has been filed.

No discovery shall be had until the verified factual disclosure form has been filed .

CRITICALCivil cases

Applies to

Agreement waiving disclosures

An agreement or order waiving disclosures must acknowledge that each party has fully disclosed information that would have appeared in the verified disclosures.

The parties' Separation Agreement or Agreed Order waiving disclosures contains the parties' acknowledgement that cach has made full disclosure to the other of all information that would have been contained in the verified disclosures.

CRITICALCivil cases

Applies to

Pvds notice of service

All parties must file a notice of service of the PVDS in the record.

all parties shall file a notice of service ol the PVDS in the record.

CRITICAL

Applies to

Statement of special problems

The statement must include a brief narrative describing any special problems.

XII STATEMENT OF SPECIAL PROBLEMS : Provide a brief narrative statement of any special problems . As example : complex valuation of closely held business or special needs of family member, etc .

CRITICALCivil cases

Applies to

Agreement filed of record

If acknowledged before a person authorized to take acknowledgments under a party is not represented by counsel, such agreements must be signed and KRS Chapter 423, a Deputy Circuit Clerk or Court Support Worker.

If acknowledged before a person authorized to take acknowledgments under a party is not represented by counsel, such agreements must be signed and KRS Chapter 423, a Deputy Circuit Clerk or Court Support Worker.

CRITICAL

Applies to

Clerk certificate

Before a final judgment is submitted to the Circuit Judge for signature, the record must contain the Clerk's certificate that all court costs have been paid.

Prior to the submission of the matter to the Circuit Judge for his/her signature on a final judgment, there shall appear in the record a certificate from the Clerk that all court costs have been paid

CRITICAL

Applies to

Schedule

The schedule must include the listed pay stubs, tax-return pages or copies, and financial account statements as separate attachments.

REQUIRED SEPARATE ATTACHMENTS have attached to this schedule : My three most recent and consecutive pay stubs . A full and complete copy of my last Federal Tax Return . The first page of my last State Tax Return . Financial account statements .

CRITICAL

Applies to

Property valuation schedule

Anyone asserting a non-marital interest in property listed at V or VI must attach Schedule A, Property Valuation.

If you assert a non-marital interest in any property listed at V or VI, attach Schedule "A", Property Valuation

CRITICAL

Applies to

Motion to assign final trial

A final trial date will not be assigned unless the motion for that date is accompanied by the verified factual disclosure form.

No final trial date shall be assigned if the motion therefor is not accompanied by the verified factual disclosure form .

CRITICALCivil cases

Applies to

Motion to submit or agreed order

The specified documentation must be filed concurrently with a Motion to Submit or an Agreed Order submitting the matter.

c. Motion to Submit or Agreed Order submitting including: The Following documentation must be filed concurrently with Verified Factual Disclosure Statements or Verified Waiver of Disclosures in accordance with FCR 7.01 2) Certilicates of completion of any ordered parent education 3) A copy of the parties' Separation Agreement, if any. 4) A deposition or written inlerrogatories 5) The parties' hearing waiver 6) Request for restoration of maiden name executed by the party requesting the name 7) Child support worksheet 8) Findings and Decree

CRITICAL

Applies to

Brief

The brief for the party bearing the burden on an issue, or the brief the Court directs to be filed first, must include a subject-matter statement, supported facts, the issues presented, and argument with authorities.

The brief for the party bearing the burden on the issue or for the party whose brief must be filed first by direction of the Court shall contain : (a) a brief statement of the subject matter of this action ; (b) a fair and concise statement of the relevant facts with proper reference to the record when available supporting each statement ; (c) a clear statement of the issues of law and fact presented for determination ; and (d) the argument, with proper record references, when available, and the authorities relied upon in support of each issue .

CRITICAL

Applies to

Order or judgment

After the judge signs an order or judgment, it must be delivered to the Clerk for entry.

When signed by the judge, order or Judgment shall be delivered to the Clerk for entry .

CRITICAL

Applies to

Personal property schedule

Household goods and furnishings in dispute should be attached on Schedule B, but Schedule B is unnecessary if the subject property has been divided by the parties.

IX . PERSONAL PROPERTY :(Household Goods & Furnishings if in dispute) Attach on Schedule "B" Schedule "B" is not necessary as subject property has been divided by parties .

CRITICAL

Applies to

Written instructions

Unless good cause is shown or the Court directs otherwise, parties must submit written instructions reflecting their then-current understanding of the issues and law at or before the pre-trial conference.

Except for good cause shown, or unless otherwise directed by the Court, the parties shall comply with the following prior to the pre- trial conference : (a) Pleadings completed and issues defined ; (b) Discovery proceedings completed ; (c) At or before the pre-trial conference, submit written instructions incorporating the parties' then understanding of the issues and the law, without prejudice to the right to present further instruction as may be indicated by subsequent proceedings ; (d) Be prepared to stipulate certain facts as to admissibility of certain documents or other evidence, or withdraw certain allegations or defenses appearing in the pleadings whenever possible, and, if same can be done without prejudice to the presentation of the case by either party

CRITICAL

Applies to

Brief

When a domestic relations case with deposition proof is submitted, each party must submit a concise brief stating their contentions and supporting authorities.

Upon submission of every domestic relations case in which the proof is taken by deposition, each party shall submit a concise brief outlining that party's contentions, with supporting authorities

CRITICAL

Applies to

Motion

A motion relying on authorities must include citations to those authorities.

All motions for which authorities are relied upon shall be accompanied by citations of such authorities

CRITICAL

Applies to

Default judgment application

A party seeking default judgment under the specified rules must file a written application.

A party seeking a judgment by default, where Rules 55 .01, 5 .01, or 6 .03 of the Kentucky Rules of Civil Procedure apply, shall file a written application for such a judgment, a copy of which shall be delivered to defendant at his last known address at least three (3) days, or mailed at least six (6) days, prior to the date set for hearing .

CRITICAL

Applies to

Motion to withdraw

Counsel must remain of record until the time to appeal expires 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 copy of said motion served upon the client), until expiration of the time for filing a notice of appeal after the entry of a final judgment or order.