Marion County Circuit Court, Kentucky Document Filing Requirements

CRITICALCriminal cases

Applies to

Notice of eligibility

After completing the assessment, staff must complete a Notice of Eligibility on the Mental Health Court’s prescribed form.

After completing the assessment, Mental Health Court staff shall complete a Notice of Eligibility form on a form prescribed by the Mental Health Court.

CRITICAL

Applies to

Order for entry

After a ruling, counsel must tender an order accurately stating the ruling, with a distribution list of everyone entitled to notice of entry and their service address.

Upon Ruling by the Court, counsel shall tender an Order to the Judge for entry which accurately states the ruling. To facilitate notice of entry pursuant to CR 77.04, all Orders shall contain a Distribution list of all persons entitled to notice of entry and their address for service as set out in the following example.

CRITICAL

Applies to

Notice of termination

The circuit court clerk must file the Notice of Termination in the official record and serve notice on the parties, their attorneys, and probation and parole.

The Notice of Termination shall be filed in the official record by the circuit court clerk, who shall serve notice of the Notice of Termination on the parties, their attorneys, and probation and parole.

CRITICAL

Applies to

Written instructions

Except for good cause shown, before a case is heard at the pre-trial conference, heard at the pre-trial conference. the parties shall: Have scheduled or completed discovery; Ensure that the pleadings are completed and the issues identified; issues and the law;

Except for good cause shown, before a case is heard at the pre-trial conference, heard at the pre-trial conference. the parties shall: Have scheduled or completed discovery; Ensure that the pleadings are completed and the issues identified; issues and the law;

CRITICALCriminal cases

Applies to

Case transfer order

After admission is determined and the defendant accepts the offer, the referring judge must complete an order transferring the case to Mental Health Court.

Upon a determination of admission to Mental Health Court, and upon the defendant's acceptance of the offer to enter Mental Health Court, the referring judge shall complete an order transferring the case to Mental Health Court.

CRITICALCriminal cases

When applying for pretrial diversion, counsel must state on the record that the defendant waives speedy-trial and disposition rights if diversion is granted, and the defendant must agree.

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

Termination order

If parental rights have been terminated, certified copies of the termination order must be filed as required.

If yes, have certified copies of the termination order been filed as required? KRS 199.490(2)

CRITICAL

Applies to

Written order

The circuit court clerk may release a video of an in-chambers interview with a child only under a specific written order of a Circuit Judge that complies with FORPP 27.

The circuit court clerk shall not release any video in-chamber interviews with children without a specific written order of a Circuit Judge in compliance with FORPP 27.

CRITICAL

Applies to

Order terminating parental rights

and first annual review of the case pursuant to FCRPP 36. Every order terminating parental rights shall include a scheduling order for the 90 day

and first annual review of the case pursuant to FCRPP 36. Every order terminating parental rights shall include a scheduling order for the 90 day

CRITICALCriminal cases

Applies to

Assessment

After the defendant executes the Agreement of Participation, staff must complete an assessment on the Mental Health Court’s prescribed form.

Upon execution of the Agreement of Participation by the defendant, Mental Health Court staff shall complete an assessment on a form prescribed by the Mental Health Court.

CRITICALCriminal cases

Applies to

Affidavit of violations

If the judge agrees with the termination recommendation, Mental Health Court staff must file a written Affidavit of Violations on the prescribed form.

If the Mental Health Court judge agrees with the recommendation of termination, Mental Health Court staff shall file a written Affidavit of Violations on a form prescribed by the Mental Health Court requesting the judge to terminate the participant from Mental Health Court.

CRITICAL

Applies to

Confidentiality agreement

Mental Health Court team members must sign a confidentiality agreement.

Due to the treatment component of Mental Health Court, team members shall sign a confidentiality agreement.

CRITICALCriminal cases

Applies to

Agreement of participation

All potential Mental Health Court participants must sign a written Agreement of Participation before eligibility is determined.

"Agreement of Participation" means the written agreement required to be signed by all potential Mental Health Court participants prior to the determination of eligibility for Mental Health Court.

CRITICAL

Applies to

Mental health court documents

Mental Health Court staff must file a copy of each listed document with the appropriate clerk for the underlying criminal offense record.

Upon utilization of any of the following documents, a copy of such documents) shall be filed by the Mental Health Court staff with the appropriate court clerk for entry into the court record of the underlying criminal offense: a. Order referring to Mental Health Court; b. Notice of Eligibility; c. Order transferring to Mental Health Court; d. Affidavit of Violations; and e. Orders of Termination, graduation, or administrative discharge.

CRITICALCriminal cases

Applies to

Notice of termination

The circuit clerk must file the Notice of Termination in the official record.

The Notice of Termination shall be filed in the official record by the circuit clerk.

CRITICAL

Applies to

Judgment of adoption

The Judgment of Adoption must contain only the petitioners' names and the child's proposed adopted name, and must not include the child's former name or birth parents' names.

Does the tendered Judgment only contain the names of child? KRS 199.520(1)* *Note: The child's former name or the names of the child's birth parents are not to be included in the Judgment of Adoption.

CRITICAL

Applies to

Pretrial statement

Parties claiming damages must itemize them and identify the damages calculable from objective data.

All parties making claims for damages shall itemize their claimed damages, and shall specify those damages which can be calculated from objective data.

CRITICAL

Applies to

Guardian ad litem report

If a GAL has been appointed and a report is required, the GAL report must be filed.

Has the GAL filed their report as required? KRS 199.516

CRITICAL

Applies to

Mediator report

The mediator must report whether mediation occurred and its completion and agreement status, and may identify settlement-facilitating matters with the parties’ consent.

The mediator shall report to the court that the mediation has not occurred, has not been completed, or that the mediation has been completed with or without an agreement on any or all issues. With the consent of the parties, the mediator may also identify those matters which, if resolved or completed, would facilitate the possibility of a settlement.

CRITICAL

Applies to

Motion for final hearing

The adoption motion must be accompanied by proposed findings of fact and conclusions of law and a separate Judgment of Adoption.

C. A copy of the proposed findings of fact and conclusions of law and a separate Judgment of Adoption shall accompany the motion.

CRITICAL

Applies to

Adoption petition

The adoption petition must contain the listed information about the petitioner and child, their relationship, the child's proposed name, and the child's known property.

Does the petition contain the necessary information? KRS Name, date/place of birth, residence, mailing address 199.490 Name, date/place of birth, residence, mailing address of petitioner; if married, date and place of marriage. (if known) of child. Relationship, if any, of child to each petitioner. Full name by which child shall be known after adoption. Description of property, if any, of child as far as it is known to petitioner.

CRITICAL

Applies to

Pretrial order

If no pretrial order is entered at the conference, the attorneys must prepare and submit one incorporating the court's rulings, party agreements or stipulations, and any matter designated by the court.

If a pre-trial order is not entered at the time of the Pre-Trial Conference, the attorneys shall be responsible for preparation and submission of a pretrial order, incorporating the Court's ruling, agreements or stipulations of the parties, and any matter designated by the Court, not later than ten days following the pre-trial conference.

CRITICALCriminal cases

Applies to

Notice of termination

The circuit court clerk must file the Notice of Termination in the official record.

The Notice of Termination shall be filed in the official record by the circuit court clerk

CRITICAL

Applies to

Scheduling order

A party seeking assignment of a civil jury trial date must tender a proposed scheduling order addressing completion of discovery.

counsel and tender a proposed scheduling order to complete discovery,

CRITICALCriminal cases

Applies to

Mental health court documents

Mental Health Court staff must file copies of the listed documents with the appropriate clerk for entry in the underlying criminal case record.

Upon utilization of any of the following documents, a copy of such documents) shall be filed by the Mental Health Court staff with the appropriate court clerk for entry into the court record of the underlying criminal offense: a. Order referring to Mental Health Court; b. Notice of Eligibility; c. Order transferring to Mental Health Court; d. Affidavit of Violations; and e. Orders of Termination, graduation, or administrative discharge.

CRITICAL

Applies to

Summons

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

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

Expense affidavit

An affidavit detailing the adoptive parents' paid expenses must be submitted to the court for approval.

Has an affidavit detailing a list of expenses paid by the adoptive parents been submitted to the court for approval? KRS 199.590(6)

CRITICAL

Applies to

Agreement of participation

All potential Mental Health Court participants must sign an Agreement of Participation before eligibility is determined.

"Agreement of Participation" means the written agreement required to be signed by all potential Mental Health Court participants prior to the determination of eligibility for Mental Health Court.

CRITICAL

Applies to

Case transfer order

After admission is determined and the defendant accepts, the referring judge must complete an order transferring the case to Mental Health Court.

Upon a determination of admission to Mental Health Court, and upon the defendant's acceptance of the offer to enter Mental Health Court, the referring judge shall complete an order transferring the case to Mental Health Court.

CRITICAL

Applies to

Discovery motion

Must include

certificate of conference

The moving party must attach a certificate stating that counsel conferred and could not resolve the dispute; the certificate should detail their resolution attempts.

The moving have conferred and that they have been unable to resolve their differences. The party shall attach to the motion a certificate of counsel which states that counsel certification should detail the attempts of counsel to resolve the dispute.

CRITICAL

Applies to

Affidavit of violations

If the judge agrees with the termination recommendation, staff must file a written Affidavit of Violations on the court-prescribed form.

If the Mental Health Court judge agrees with the recommendation of termination, Mental Health Court staff shall file a written Affidavit of Violations on a form prescribed by the Mental Health Court requesting the judge to terminate the participant from Mental Health Court.

CRITICAL

Applies to

Motion for final hearing

Before filing a motion for a final adoption hearing, counsel must review Exhibit A and certify the specified information about bringing necessary parties before the court and parental consent or an applicable termination-order exception.

A. counsel shall review the Checklist attached as Exhibit A to these rules and certify Prior to filing a motion for a final hearing for entry of a decree of adoption, the following: the court, and The date and method by which all necessary parties were brought before 2. terminating parental rights, or an affidavit establishing an exception The date of the voluntary consent of each parent, the certified order under KRS 199.500(1) (a)-(d) or 199.502.

CRITICALCriminal cases

Applies to

Pretrial diversion recommendation

The Commonwealth must submit a written recommendation to the Court for each pretrial-diversion application.

The Commonwealth shall make a written recommendation to the Court in response to each application.

CRITICALCriminal cases

Applies to

Notice of termination

The Notice of Termination must be signed by the judge on the prescribed form and include a copy of the Affidavit of Violations.

A Notice of Termination shall be signed by the Mental Health Court judge on a form prescribed by the Mental Health Court, and a copy of the Affidavit of Violations shall be attached.

CRITICAL

Applies to

Adoption petition

The petition must provide the listed parent, guardian or custodian, and consent-party information, allege when any of that information is unknown, and may omit the name of a father born out of wedlock if certified TPR orders are filed.

• Names of parents, address of each living parent if known. Name of father born out of wedlock not given if certified TPR orders are filed. • Name and address of child's guardian, or of the • Further facts necessary for location of person whose cabinet/other agency/individual with custody. consent to adoption is required or whom KRS 199.480 • If any of the above is unknown, the lack of knowledge requires be made a party. shall be alleged.

CRITICALCriminal cases

Applies to

Termination documents

The circuit clerk must file the Notice of Termination and Affidavit of Violations in the official record.

The Notice of Termination and Affidavit of Violations shall be filed in the official record by the circuit clerk, who shall serve notice of the notice of termination on the parties, their attorneys, and probation and parole.

CRITICAL

Applies to

Notice of termination and affidavit of violations

The circuit clerk must file the Notice of Termination and Affidavit of Violations in the official record and serve notice of the termination on the parties, their attorneys, and probation and parole.

The Notice of Termination and Affidavit of Violations shall be filed in the official record by the circuit clerk, who shall serve notice of the notice of termination on the parties, their attorneys, and probation and parole.

CRITICALCriminal cases

Applies to

Agreement of participation

For an eligible defendant, staff must explain the Agreement of Participation and request that the defendant sign it on the prescribed form; the attorney may be present or absent.

If a defendant is determined to be eligible for assessment, Mental Health Court staff shall thoroughly explain Mental Health Court and the Agreement of Participation to the defendant and request that the defendant sign the Agreement of Participation on a form prescribed by the Mental Health Court, with or without the presence of the defendant's attorney.

CRITICALCriminal cases

Applies to

Notice eligibility

If a defendant refuses to sign the Agreement of Participation, staff must notify the referring judge using the prescribed Notice Eligibility form.

If a defendant refuses to sign the Agreement of Participation, Mental Health Court staff shall notify the referring judge by utilizing the Notice Eligibility form prescribed by the Mental Health Court.

CRITICAL

Applies to

Motion or correspondence

Must include

case number

Motions and correspondence must include the case number, parties' names, date, and motion type designation.

All motions and correspondence shall include the case number, the names of the parties, the date, and a designation of the type of motion.

CRITICAL

Applies to

Proposed findings of fact and conclusions of law

The petitioner must tender proposed findings of fact and conclusions of law.

Has the petitioner tendered a proposed Findings of Fact and Conclusions of Law, and a separate Judgment of Adoption?

CRITICALCriminal cases

Applies to

Notice of termination

The circuit court clerk must file the Notice of Termination in the office record.

The Notice of Termination shall be filed in the office record by the circuit court clerk, who shall serve notice of the Notice of Termination on the parties, their attorneys, and probation and parole.

CRITICALCriminal cases

Applies to

Order of diversion

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 & Parole . 5. As required by KRS 533 .030(1), 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.

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 & Parole . 5. As required by KRS 533 .030(1), 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.

CRITICAL

Applies to

Notice of termination by administrative discharge

If the judge agrees to the accommodation, the judge must complete the prescribed Notice of Termination by administrative discharge form.

If the Mental Health Court judge agrees with the accommodation, the Mental Health Court judge shall complete a Notice of Termination by administrative discharge on a form prescribed by the Mental Health Court and refer the case back to the appropriate circuit or district.

CRITICAL

Applies to

Notice of termination

The circuit court clerk must file the Notice of Termination in the office record and serve notice on the parties, their attorneys, and probation and parole.

The Notice of Termination shall be filed in the office record by the circuit court clerk, who shall serve notice of the Notice of Termination on the parties, their attorneys, and probation and parole.

CRITICAL

Applies to

Protective order petition

The reviewing judge must indicate in the petition's “Court Action” section whether the resulting action is a domestic violence action under KRS Chapter 403 or an interpersonal protective order action under KRS Chapter 456.

The judge reviewing a petition for an order of protection shall indicate in the "Court Action" section of the petition whether the resulting action is a domestic violence action under KRS Chapter 403 or an interpersonal protective order action under KRS Chapter 456.

CRITICAL

Applies to

Notice of termination

The circuit clerk must file the Notice of Termination in the official record.

The Notice of Termination shall be filed in the official record by the circuit clerk.

CRITICAL

Applies to

Criminal appeal

counsel to prepare and file the following: Notice of appeal pursuant to RCr 12.04, Order directing preparation of transcript, and/or Motion, affidavit, and order for leave to appeal in forma pauperis, 4. Order substituting the public defender's office as counsel on appeal.

counsel to prepare and file the following: Notice of appeal pursuant to RCr 12.04, Order directing preparation of transcript, and/or Motion, affidavit, and order for leave to appeal in forma pauperis, 4. Order substituting the public defender's office as counsel on appeal.

CRITICAL

Applies to

Pretrial statement

Pretrial statements must include the listed trial exhibits and witness and expert information, plaintiff and defense claims and theories, and the issues of fact and law; exhibits that cannot be attached must be available for opposing counsel's inspection.

All exhibits which All exhibits which may be used at trial shall be listed and copied, and if inspection by opposing counsel at a convenient location designated in the cannot be attached to the pre-trial statement shall be made available for pre-trial statement; listed, along with their addresses and telephone numbers. Also, as to All witnesses and expert witnesses who may be used at trial shall be shall state the subject matter on which the expert is expected to testify each expert witness who has not been deposed, the pre-trial statement expert is expected to testify and a summary of the grounds for each and shall state the substance of the facts and opinions to which the A statement of the claim or claims of plaintiffs, including legal theories; opinion; including legal theories; A statement of the defenses or claims of defendants, or third parties, Issues of fact to be litigated; and Issues of law to be litigated.

CRITICAL

Applies to

Petition

The reviewing judge must indicate in the petition’s “Court Action” section whether the action is a domestic violence or interpersonal protective order action.

The judge reviewing a petition for an order of protection shall indicate in the "Court Action" section of the petition whether the resulting action is a domestic violence action under KRS Chapter 403 or an interpersonal protective order action under KRS Chapter 456.