Marion County Circuit Court, Kentucky Document Filing Requirements

CRITICALCriminal cases

Applies to

Mental health court team submission

The completed assessment, Notice of Eligibility, and other pertinent information must be submitted to the Mental Health Court team before the defendant’s next scheduled court appearance.

The assessment, the Notice of Eligibility form, and any other pertinent information regarding the defendant shall be completed and submitted to the Mental Health Court team prior to the defendant's next scheduled court appearance.

CRITICAL

Applies to

Motion for final hearing

The adoption motion must state whether a guardian ad litem was appointed and the filing dates of the guardian ad litem and Cabinet reports.

B. The motion shall state whether a guardian ad litem was appointed, the date the guardian ad fitem report was filed, and the date the Cabinet for Health and Family Services report pertaining to the case was filed.

CRITICALCriminal cases

Applies to

Ineligibility notice

Staff must notify the referring judge in writing on the Mental Health Court’s prescribed form when a defendant is ineligible.

If a defendant is determined to be ineligible for Mental Health Court, Mental Health Court staff shall inform the referring judge in writing using the form prescribed by the Mental Health Court.

CRITICAL

Applies to

Pretrial statement

All parties must file pretrial compliance statements before the pretrial conference.

Provisions: Prior to the pre-trial conference, all parties shall file pre-trial compliance statements, which contain the following:

CRITICAL

Applies to

Request for judicial order

A person requesting an order for such a video must give the judge a written explanation identifying the requested portion as an in-chambers child interview and stating the specific purpose of the request.

An individual requesting a judicial order must provide the 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.

CRITICAL

Applies to

Settlement agreement

A mediation agreement must be written and signed by the parties; the parties are responsible for drafting it, though the mediator may assist with their consent.

If an agreement is reached during the mediation conference, it shall be reduced to agreement, although the mediator may assist in the drafting of the agreement with the writing and signed by the parties. The parties shall be responsible for the drafting of the consent of the parties.

CRITICALCriminal cases

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

Pretrial diversion recommendation

When recommending diversion, the Commonwealth must provide written recommendations on diversion conditions and the appropriate sentence if the diversion agreement is not completed.

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

CRITICAL

Applies to

Default judgment motion

Default judgment motions must include a certificate of the amount due and a military affidavit; cases subject to the FCRPP must also comply with its specified provisions concerning relief requested without a hearing.

All motions for default judgment must include a certificate of the amount due and a military affidavit. Cases subject to the FCRPP must also comply with the provisions of FCRPP, including specifically FCRPP 3(1)(a) (i) and 3(2), pertaining to relief requested without a hearing.

CRITICAL

Applies to

Pleading motion or other paper

Must include

case number

Every filing by counsel or a party must include the case number and the signer’s typed or printed name, address, telephone number, and email address; a rubber stamp does not count as 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

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

Notarized consent form

A notarized consent form must be filed when consent is required, with the listed filing parties depending on the parents' status and established paternity.

Has a notarized consent form been filed? KRS 199.500* *Filed by living parents (married), mother and father if established.

CRITICAL

Applies to

Notice of termination

The judge must sign the court-prescribed Notice of Termination form, with a copy of the Affidavit of Violations attached.

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

Affidavit of administrative discharge

If the team finds administrative discharge appropriate, staff must complete an Affidavit of Administrative Discharge and provide it to the judge.

If the Mental Health Court team determines that administrative discharge is appropriate, the Mental Health Court staff shall complete an Affidavit of Administrative Discharge to provide to the Mental Health Court judge.

WARNINGCriminal cases

Applies to

Notice of termination

In this absconding procedure, the judge may sign a Notice of Termination on the prescribed form, and a copy of the Affidavit of Violations must be attached.

A Notice of Termination may 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.

WARNING

Applies to

Trial brief

The court may require a trial brief consisting of a short memorandum of the facts and law on which the parties will rely, with the filing time set in the pretrial order.

the pre-trial a short memorandum of the facts and law on which they will rely, and fix the time conference. The Court may require the parties to submit a trial brief consisting of for filing such briefs in the pre-trial order.

WARNINGCriminal cases

Applies to

Affidavit of violations

If a participant has absconded for at least ten working days, Mental Health Court staff may complete an Affidavit of Violations on the prescribed form.

In the case of a participant who has absconded for a period of at least ten working days, Mental Health Court staff may complete an Affidavit of Violations on a form prescribed by the Mental Health Court.

WARNING

Applies to

Termination form

If the judge finds the request knowing and voluntary, the judge may terminate the participant using a court-prescribed form.

If the Mental Health Court judge determines that the request is knowingly and voluntarily made, the Mental Health Court judge may terminate the participant from Mental Health Court on a form prescribed by the Mental Health Court and refer the case back to the appropriate circuit or district.

WARNING

If a defendant refuses to sign the participation agreement, 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.

WARNING

Applies to

Affidavit of violations and notice of termination

For a participant who has absconded for at least ten working days, staff may complete a court-prescribed Affidavit of Violations and the judge may sign a court-prescribed Notice of Termination with a copy of the affidavit attached.

In the case of a participant who has absconded for a period of at least ten working days, Mental Health Court staff may complete an Affidavit of Violations on a form prescribed by the Mental Health Court. A Notice of Termination may 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.

WARNING

After the defendant signs the participation agreement, staff must complete the prescribed assessment and Notice of Eligibility forms and submit them with pertinent information to the Mental Health Court team before the defendant’s next scheduled court appearance.

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. After completing the assessment, Mental Health Court staff shall complete a Notice of Eligibility form on a form prescribed by the Mental Health Court. The assessment, the Notice of Eligibility form, and any other pertinent information regarding the defendant shall be completed and submitted to the Mental Health Court team prior to the defendant's next scheduled court appearance.

WARNING

For an eligible defendant, staff must explain the program and participation agreement and request that the defendant sign the prescribed form; the attorney may or may not be present.

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.

WARNING

Mental Health Court staff determine assessment eligibility upon receipt of a written referral order from a judge.

Upon receipt of a written order of referral from a judge, Mental Health Court staff shall determine whether a person is eligible for assessment using the following criteria.

WARNING

If a defendant is found ineligible, staff must notify the referring judge in writing using the Mental Health Court’s prescribed form.

If a defendant is determined to be ineligible for Mental Health Court, Mental Health Court staff shall inform the referring judge in writing using the form prescribed by the Mental Health Court.

INFO

Applies to

Motion for show cause

Petitioners seeking to initiate contempt proceedings should contact the local Circuit Clerk's office to complete a motion for show cause.

Petitioners seeking to initiate contempt proceedings should contact the local Circuit Clerk's office to complete a motion for show cause.

INFOCriminal cases

Applies to

Order of diversion

The Order of Diversion may, but is not required to, include the listed drug, law-compliance, weapon, payment, or asset-forfeiture conditions.

The Order of Diversion may include : 1. That the petitioner remain drug and alcohol free and be subject to random testing. 2. That the petitioner have no violation of the Penal Code or the Controlled Substances Act. 3. That the petitioner possess no firearm or any other deadly weapon. 4. That the petitioner make a payment to a local community program as allowed by statute and deemed appropriate by the Court. 5. That the petitioner forfeit certain assets to the appropriate governmental agency as allowed by statute if it is deemed appropriate by the Court .