Magoffin County Circuit Court, Kentucky Document Filing Requirements

CRITICALCriminal cases

Applies to

Court order

After noncompliance, the trial judge must enter an order reflecting the determination, and any contract modifications must be agreed to before reinstatement.

the pretrial officer shall refer the participant to the trial judge for a determination of determination. As with the original diversion contract, the participation must agree to either termination or modification. The trial judge shall enter an order reflecting said the contract modifications, if any, prior to reinstatement.

CRITICAL

Applies to

Attorney statement

An attorney seeking to review or copy a paternity file must sign a statement limiting what may be disclosed to the client to the order of judgment.

Pursuant to KRS 406.035, the attorney seeking permission to review and/or copy the paternity file shall sign a statement that the order of judgment is the only information which may be shared with the client and that all other information in the case cannot be disclosed to the client, including information relating to domestic violence or child abuse as well as the addresses of the parties.

CRITICALCriminal cases

Applies to

Order of diversion

The diversion order must address restitution if applicable, supervision status and applicable fees, duration, compliance with Probation and Parole rules, and the requirement not to commit an offense during diversion and to comply with other applicable or court-imposed conditions.

The Order of Diversion shall include : 1. Restitution, if applicable . 2. Whether the diversion shall be supervised or unsupervised (and include supervision fees, if applicable) . 3. Duration of the diversion. 4. Require Defendant to obey all rules and regulations imposed by Probation and Parole . 5. As required by KRS 533 .030(l) [conditions of probation- restitution], direct the Defendant not to commit any offense during the period of the pretrial diversion . Specifically, direct the Defendant to comply with any other provision of KRS 533 .030 or any other condition the Court deems appropriate .

CRITICALCriminal cases

Applies to

Diversion contract

The diversion contract must specify the court-ordered conditions, referral services, contract length, and any required restitution, treatment, or community service.

Upon referral to the Program, the defendant shall meet with a pretrial officer to establish a formal contract which species the court ordered conditions, the referral services to be used, the length of the contract, and if required, the need for the defendant to make restitution, enter/complete a treatment program, or perform community services.

CRITICAL

Applies to

Family court case data sheet

A Family Court Case Data Sheet must be fully completed in every case.

A Family Court Case Data Sheet must be fully completed in all cases.

CRITICALCriminal cases

Applies to

Written recommendation

The Commonwealth must make a written recommendation to the Court in response to every application.

The Commonwealth shall make a written recommendation to the Court in response to each application. KRS 533 .250(2) .

CRITICAL

Applies to

Petition

A Form AOC-FC-3 Case Data Information sheet must be filed with the petition.

A Case Data Information sheet shall be filed with the petition (Form AOC-FC-3).

CRITICAL

Applies to

Pleading motion or other filed paper

Must include

case number

Every filed pleading, motion, or other paper must identify the case and the signing attorney or party with the listed contact information; a rubber stamp is not a signature.

Every pleading, motion and any other paper filed in the record by counsel or party shall contain the case number, typed or printed name, address, telephone number and e-mail address of the attorney or party signing the paper. A rubber stamp shall not be deemed a signature either under this Rule or CR 11.

CRITICAL

Applies to

AOC Form 280

When an action is submitted for final adjudication, counsel or an unrepresented party must file AOC Form 280 with the Judge, Family Court Clerk, and Administrative Office of the Courts.

In accordance with SCR 1.050(8), when any action stands submitted for final adjudication, counsel or unrepresented parties shall file an AOC Form 280 with the Judge, Family Court Clerk and Administrative Office of the Courts.

CRITICALCriminal cases

Applies to

Official records

Upon successful completion, official records must bear the notation “dismissed with prejudice.”

E. Upon successful completion of the diversion contract, the charge subject to the contract prejudice". The administrative record shall retained for conformity with the Kentucky shall be dismissed, and all official records shall bear the notation "dismissed with Court of Justice Records Retention Schedule.

CRITICAL

Applies to

Mediation agreement

Handwritten or recorded mediation agreements must be typed and signed by all parties and their counsel, if any, within ten working days.

a. Handwritten or recorded mediation agreements must be typed and signed by all parties and their counsel, if any, within ten (10) working days.

CRITICAL

Applies to

Appearance waiver or agreement

An unrepresented party signing and acknowledging an appearance and waiver or agreement must do so before a notary.

Any unrepresented party who signs and acknowledges an appearance and waiver or agreement shall do so before a notary.

CRITICAL

Applies to

Status quo order motion

A motion requesting entry of the 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 for compensation

A motion for compensation must include an affidavit stating the appointment’s statutory basis, services and hours, fee reasonableness, and that the proceeding has concluded.

Motions for Compensation shall be accompanied by an Affidavit stating: 1. The Statutory basis for the appointment. 2. The hours of service rendered with a brief description of the services rendered and reasonableness of the fee requested; and 3. That the action or proceeding has been concluded.

CRITICAL

Applies to

Dispositional hearing submission

At the dispositional hearing, CHFS must provide the FCRPP 28 information using Form DNA 12 and explain any sibling separation.

At the dispositional hearing CHFS shall provide the court with the information required pursuant to FCRPP 28 by completing form DNA 12. In addition, if the siblings have been separated, CHFS shall explain the reasons for the separation.

CRITICAL

Applies to

Guardian ad litem filing

The Guardian ad Litem must file either an Answer for the Respondent or a Report stating that the Guardian ad Litem cannot present a defense after careful examination.

Within sixty (60) days of the appointment, the Guardian ad Litem shall file and Answer on behalf of the Respondent or a Report stating that, after careful examination of the case he/she is unable to present a defense on their behalf.

CRITICAL

Applies to

Permanency hearing report

CHFS must complete and submit a Permanency Hearing Report to the Court 72 hours before the Court date.

At the Permanency Hearing/Review, CHFS shall complete a Permanency Hearing Report and submit same to the Court 72 hours preceding the Court date.

CRITICAL

Applies to

Expert witness disclosure

Attorneys or self-represented parties must identify intended expert witnesses within 30 days of the Final Hearing.

The Attorneys or parties, if pro se litigants, shall identify any Expert Witnesses they intend to call to testify at the Final Hearing within 30 days of the Final Hearing.

CRITICAL

Applies to

Emergency custody order

An ECO copy must go to the agency when granted to a Cabinet social worker and to the requesting party before departure; the original remains with the Clerk's Office.

If a Cabinet for Health and Social Services social worker is granted an ECO, the social worker is to provide a copy to the agency. A copy shall be provided to the party seeking the ECO prior to leaving the Floyd Family Court Clerk's Office. The original ECO shall remain with the Floyd, Knott, or Magoffin Family Court Clerk's Office.

CRITICAL

Applies to

Property mediation submission

At least five working days before the mediation conference, the parties must provide the mediator with a financial-disclosure supplement for material changes and a short statement defining the issue and describing special problems; the source text cuts off.

The parties shall exchange and provide to the mediator, in no less than five (5) working days prior to the mediation conference, the following: 1. Supplement to financial disclosure statement regarding any material change. 2. A short statement including definition of the issue to be addressed by the mediator and a brief narrative statement of any special problems affecting

CRITICALCriminal cases

Applies to

Speedy trial waiver statement

Upon approval, the defendant must sign a statement waiving the right to a speedy trial and must have an opportunity to consult an attorney before signing if desired.

Upon approval for participation in the Program, the defendant shall sign a statement shall be given the opportunity to consult with an attorney if he or she so desires. waiving his or her right to a speedy trial. Prior to signing such statement the defendant

CRITICALCriminal cases

Applies to

Written recommendation

If the Commonwealth recommends diversion, its written recommendation must address the diversion conditions and the appropriate sentence if the agreement is unsuccessful.

When diversion is recommended, the Commonwealth 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 . KRS 533 .252(3) .

CRITICAL

Applies to

Paternity case file access request

Access to a paternity case file is granted upon receipt of an attorney's request statement or a party's signed and notarized release for representation in the action.

Upon receipt of the Floyd, Knott, or Magoffin Family Court Clerk's Office of an attorney's statement seeking permission to review and copy a paternity case file, OR upon the receipt by the Floyd, Knott, or Magoffin Family Court Clerk's Office of a party's signed and notarized release authorizing an attorney to inspect the party's paternity case file, for reasons relating to representation in that action of a party thereto, the Clerk's office shall grant the attorney access to such a file.

CRITICAL

Applies to

Motion

Filed motions must have original signatures unless the Judge submits them for filing.

All Motions filed must have original signatures, except when submitted by the Judge for filing.

CRITICAL

Applies to

Final hearing submission

If applicable, all parties must submit a Financial Disclosure Statement before a matter may be scheduled for Final Hearing.

No matter shall be scheduled for Final Hearing until all parties have submitted Financial Disclosure Statement, if applicable.

CRITICAL

Applies to

Agreement or agreed order

Agreements and Agreed Orders must contain the correct mailing and/or email addresses for the attorneys and parties.

All Agreements and Agreed Orders shall contain the correct mailing and/or e-mail addresses for the attorneys and parties.

CRITICAL

Applies to

Entry and appearance

An entry and appearance must not be signed before the petition is filed.

No entry and appearance shall be signed prior to the filing of a petition.

CRITICAL

Applies to

Pleading

All pleadings must provide the personal identifying information required by the cited statutes.

In addition, all pleadings must comply with the requirements of KRS Chapters 205, 403, 405, 406 and 407 by providing the personal identifying information required in those chapters.

CRITICAL

Applies to

Divorce education program attendance notification

The notification requiring attendance at the Divorce Education Program must include a schedule of sessions and a brochure.

A schedule of sessions and brochure shall accompany this notification of requirement to attend.

CRITICAL

Applies to

Mediation outcome report

At the conclusion of mediation, the mediator must report its outcome without comment to the Court and the Family Court Judge's Office.

1. At the conclusion of mediation, the mediator shall report without comment to the Court and the Family Court Judge's Office as to the outcome of the mediation, (i.e. a full agreement, partial agreement or mediation terminated).

CRITICAL

Applies to

Final hearing exhibits

Attorneys or self-represented parties must produce intended Final Hearing exhibits within 30 days of the Final Hearing.

The Attorneys or parites, if pro se litigants, shall also produce any documents they intend to submit as Exhibits at the Final Hearing within 30 days of the Final Hearing.

CRITICAL

Applies to

Petition

A dependency petition must cite the statutes and factual allegations supporting jurisdiction, provide full information and addresses for the child's parents, and reflect diligent efforts to locate them.

Any petition filed with this Court shall comply with the following conditions: 1. Citations to specific statute and factual allegations relied upon in asserting the Court's jurisdiction; and 2. Full information concerning the child's parents and their addresses). The petitioner shall make diligent efforts to locate the child's parents, including but not limited to, initiating contact with the Child Support Division of the Floyd, Knott, or Magoffin County Attorney's Office.

CRITICAL

Applies to

Motion

A person seeking an order for confidential video records must file a written motion stating the request's purpose.

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

CRITICALCriminal cases

Applies to

Pretrial diversion application

In a pretrial diversion application, counsel must state and the Defendant must agree on the record that granting diversion waives any right to a speedy trial or disposition.

In applying for pretrial diversion, counsel for the Defendant must state, and the Defendant must agree on the record, that in the event diversion is granted, any right to a speedy trial or disposition of the charge against him/her is waived .

CRITICAL

Applies to

Petition

Dependency petitions must be filed under FCRPP 20, with a copy distributed to the assigned assistant county attorney and the original filed with the Floyd Family Court Clerk.

All petitions shall be filed in accordance with FCRPP 20 and copy shall be distributed to the assistant county attorney assigned to prosecute dependency actions and the original shall be filed with the Office of the Floyd Family Court Clerk.

CRITICAL

Applies to

Written explanation for judicial order

A person requesting an order for an in-chambers child-interview video must give the Family Court Judge a written explanation identifying the requested portion and the specific purpose of the request.

An individual requesting a judicial order must provide the Family Court Judge a written explanation for the request which specifically indicates the portion of the video record being requested is an in-chamber interview with a child and specific purpose for the request.

CRITICALCriminal cases

Applies to

Pretrial report and contract

Following completion of the diversions contract, the pretrial officer shall submit a pretrial report and the contract for approval to trial judge. The report shall contain basic pretrial information, record of any past offenses and conviction, record of any prior participation in the diversion program or similar program, employment status, length of residence in the area, and any other information necessary to determine eligibility and appropriateness of approval to participate in the program.

Following completion of the diversions contract, the pretrial officer shall submit a pretrial report and the contract for approval to trial judge. The report shall contain basic pretrial information, record of any past offenses and conviction, record of any prior participation in the diversion program or similar program, employment status, length of residence in the area, and any other information necessary to determine eligibility and appropriateness of approval to participate in the program.

WARNINGCriminal cases

Applies to

Contract termination statement

A program participant may terminate the contract at any time by submitting a written statement to the pretrial officer or trial judge.

D. A program Participant may terminate the contract at any time by submitting a written statement to the pretrial officer or the trial judge.

WARNING

Applies to

Paternity case file

Information in the paternity file remains confidential and subject to attorney-client privilege whether or not the attorney later represents the party.

Regardless of the subsequent representation or non-representation of the party, any information contained in such file is confidential and subject to the attorney-client privilege.

WARNING

Applies to

Motion to submit dissolution for final decree

Attorneys or parties may submit a dissolution matter directly to the Judge off-docket for approval, with the specified executed documents and agreements.

Attorneys or parties may file a Motion to Submit a dissolution matter for Final Decree, and submit same directly to the Judge for approval by the Court off- docket, which shall contain executed Notices and Waivers of Hearings and/or Financial Disclosure Statements along with a Settlement Agreement and Jurisdictional Deposition.

INFO

Applies to

Status quo order motion

In the 31st and 36th Judicial Circuits, a motion requesting entry of the AOC 237 Status Quo Order may be filed with the petition.

However, in the 31s and 36"h Judicial Circuits, a Motion Requesting Entry of the AOC 237, Status Quo Order, may be filed with the Petition.

INFO

Applies to

Final disclosure statement

A party may use a Preliminary Disclosure Statement as the Final Disclosure Statement if there have been no changes and the Court has been notified.

A parties' Preliminary Disclosure Statement may also be adopted as his/her Final Disclosure Statement if there have been no changes and the Court has been given notice thereof.

INFO

Applies to

Status quo order motion

If the Petitioner has not requested a Status Quo Order, the Respondent may seek one at the initial court appearance or file a motion as directed by the rule.

If a Status Quo Order is not requested by the Petitioner, the Respondent may also seek a Status Quo Order at the initial court appearance or may file a motion as directed in this rule.