Marshall County Circuit Court, Kentucky Document Filing Requirements

CRITICAL

Applies to

Order of sale

Must include

caption

An Order of Sale must include the specified caption, property, judgment, party, and clerk-certificate information; additional manufactured-home details and title-transfer documents are required when applicable.

Orders for 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 and the PVA map number of the property sought to be sold or, if it is true, a recitation of the fact that the property has no address. (d) The dollar amount of the judgment as of a day certain, together with he 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 and last known addresses of all parties who are in default. (f) A Clerk's Certificate with the name and address of each party not in default, or if represented by counsel, the name and address of the counsel and party represented. (g) If the order directs the sale of a manufactured home, the order shall include the year, make, and model, and VIN number of the manufactured home, and shall further provide that the party requesting the sale shall provide to the master Commissioner, prior to the date of sale, all documents necessary to transfer title to the Purchaser (property completed except for the Purchaser's name and address).

CRITICALCivil cases

Applies to

Motion for compensation

A motion for compensation must be accompanied by an affidavit stating the hours and description of services, the reasonableness of the requested fee, and the disposition date after the proceeding has concluded.

2. Motions for compensation shall be accompanied by an affidavit indicating: a. The hours of service rendered with a brief description of the services rendered and reasonableness of the fee requested; and b. That the action or proceeding has been concluded and the date of disposition

CRITICAL

Applies to

Motion

Each motion must include a brief statement of its grounds and supporting authorities, which may appear in the body of the motion.

C. There shall be filed with each motion a brief statement of the ground therefore with citations of authorities relied upon, which may be set forth in the body of the motion if the pleader so desires.

CRITICAL

Applies to

Cr 78 2 motion

Must include

proposed order

A motion under CR 78(2) must be accompanied by a proposed order.

A proposed order shall accompany the motion.

CRITICALCriminal cases

Applies to

Pretrial diversion order

A pretrial diversion order must include the applicable restitution, supervision, duration, testing, conduct, and other stated provisions.

The Order shall include : 1. Restitution, if applicable . 2. Whether the diversion shall be supervised or unsupervised (and include supervision fees, if applicable) . Duration of the diversion. 4. That the petitioner remain drug and alcohol free and be subject to random testing . 5. That the petitioner have no violation of the Penal Code or the Controlled Substances Act. 6. That the petitioner possess no firearm or any other deadly weapon . 7. Any other provision of KRS 533.030 or any other condition which the Court deems appropriate .

CRITICAL

Applies to

Filed paper

A rubber stamp does not count as a signature under this rule or CR 11.

A rubber stamp shall not be deemed a signature either under this rule or CR 11.

CRITICAL

Applies to

Discovery certification

The Commonwealth must certify in writing which items in its file are discoverable.

The Commonwealth shall, certify in writing the Discoverable items in its file.

CRITICAL

Applies to

Pleading

All pleadings must provide the personal identifying information required by KRS Chapters 205, 403, 405, 406, and 407.

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

Order referring case to master commissioner for judicial sale

A referral order for a judicial sale must be entered before the Order of Sale is distributed, and the specified administrative fee must be paid to the Circuit Court Clerk.

An Order Referring Case to Master Commissioner for Judicial Sale (and payment of the Administrative Procedures Part IV, section II (11) administrative Fee to the Circuit Court Clerk) must be entered prior to an Order of Sale being distributed by the Clerk to the Master commissioner and the Master Commissioner undertaking the Order of Sale.

CRITICALCivil cases

Applies to

Motion

Every motion must state its hearing date; a motion without one is treated as not filed.

All motions shall contain a date on which said motion shall be heard. Any motion which fails to include the date of the hearing shall be treated as if no motion has been filed.

CRITICAL

Applies to

Petition

The judge reviewing a protection-order petition must indicate in its Court Action section whether the action is a domestic violence action or an interpersonal protective order action.

The judge reviewing a petition for an order of protection shall indicate in the "Court Actioni 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.

CRITICALCivil cases

Applies to

Pleading

All pleadings must provide the personal identifying information required by the cited Kentucky 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

Motion for compensation

A motion for compensation must include a report stating the hours and description of services, the reasonableness of the requested fee, and the conclusion and disposition date of the action or proceeding.

A. Motions for compensation shall be accompanied by a report indicating: 1. The hours of service rendered with a brief description of the services rendered and reasonableness of the fee requested; and 2. That the action or proceeding has been concluded and date of disposition.

CRITICAL

Applies to

Family court case data sheet

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

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

CRITICAL

Applies to

Tax lien statement of amount due

Each tax lien statement must itemize the amount due and identify the listed tax, purchase, interest, fee, and cost information.

Within five (5) days after the Master Commissioner files his Report of Sale, all third party tax lien claimants shall file an itemized statement of amount due as of the date of sale for each tax lien including without limitation the taxing authority, tax year, tax bill number, PVA parcel number(s), address stated on the tax bill, date of purchase, purchase price, interest, administrative fee, attorney fees, litigation expenses and costs:

CRITICAL

Applies to

Motion to confirm sale

Must include

proposed order

The motion to confirm sale must be accompanied by a proposed order confirming sale.

Ten (10) days after filing the Report'of Sale, if no objections have been filed thereto, the Master Commissioner shall file a motion to confirm sale to be ruled on at the convenience of the Court without a hearing, and shall tender a proposed order confirming sale.

CRITICAL

Applies to

Paternity petition

A paternity petition must include either the mother's husband as a party in the stated circumstances or the petitioner's affidavit addressing the mother's marital status.

All petitions for paternity must include one of the following: The mother's husband as a party to the action if the child was born during lawful wedlock or within ten (10) months thereafter; or The affidavit of the Petitioner addressing the issue as to the mother's marital status when the child was born and within ten (10) months prior to the birth of the child.

CRITICAL

Applies to

Order or judgment

Must include

certificate of service

The original order or judgment must include a prepared certificate of service for the Clerk’s signature, listing the specified parties or counsel and their addresses.

The original of an Örder or Judgment shall have thereon a prepared Certificate of Service for the Clerk's signature and said certificate shall state the names and addresses of all parties to the proceedings, who are not in default for failure to appear, or if the parties are represented by counsel, the name of their respective counsel and their addresses:

CRITICALCivil cases

Applies to

Motion

A person seeking an order for a confidential video recording must file a motion, notify all parties and any Guardian Ad Litem, and state the request’s purpose.

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

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.

shall re-issue a summons until the matter may be heard by the receiving judge.

CRITICALCivil cases

Applies to

Notice

The notice must specify that the motion may be routinely granted without a hearing; the provided text ends before completing the sentence.

The notice shall specify that the motion may be routinely granted without hearing by the

CRITICALCivil cases

Applies to

CR 78 2 motion

Must include

proposed order

A movant proceeding under CR 78(2) must file an appropriate tendered order of relief.

Movants under CR 78(2) shall file an appropriate tendered order of relief with the Court.

CRITICALCivil cases

Applies to

Notice of appearance

An attorney seeking permission to review and copy a paternity case file must first file a Notice of Entry of Appearance.

An attorney seeking permission to review and copy a paternity case file must first file a Notice of Entry of Appearance..

CRITICALCivil cases

Applies to

Motion for compensation

A motion for compensation must be accompanied by an affidavit stating the hours and description of services, the reasonableness of the requested fee, and the disposition date after the proceeding has concluded.

B. Motions for compensation shall be accompanied by an affidavit indicating: 1. The hours of service rendered with a brief description of the services rendered and reasonableness of the fee requested; and 2. That the action or proceeding has been concluded and the date of disposition.

CRITICAL

Applies to

Discovery response

An answer or objection to an interrogatory or request for admission must reproduce the corresponding question or request immediately before the response.

When answering interrogatories or requests for admission, or in filing objections thereto, the replying party shall, as a part of his answer or objection and immediately preceding the same, set forth the question or the request made with respect to which such answer or objection is given.

CRITICAL

Applies to

Pleading motion or other filed paper

Every pleading, motion, or other filed paper must include the case number and the signing attorney’s or party’s typed or printed name, address, telephone number, fax number, and email address.

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, fax number and e-mail address of the attorney or party signing the paper.

CRITICALCivil cases

Applies to

Adoption or termination of parental rights action

Adoption and parental-rights termination actions must strictly comply with the cited statutes, and a Guardian Ad Litem must be appointed for the child unless the stated statutory exception applies.

All actions for adoptions and terminations of parental rights shall be in strict compliance with the statutory requirements (See KRS Chapters 199 and 625.), and a Guardian Ad Litem shall be appointed for the child(ren) unless falling under the exception enumerated by KRS 199.480(3).

CRITICAL

Applies to

Family court petition or reopening motion

A Family Court Case Data Information Sheet must be completed with every petition and with any motion filed to reopen a case.

All cases filed or reopened in the Family Court division of the Circuit Court shall, with the filing of any petition or motion (in the case of a reopening), complete an AOC-FC-3 Family Court Case Data Information Sheet, which may be obtained in the Circuit Court Clerk's Office.

CRITICALCivil cases

Applies to

Appearance waiver or agreement

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

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

CRITICAL

The claimed damages must be broken down into principal, applicable accrued interest or finance charges, and any requested attorney's fees.

B. The amount of damages claimed, with the amounts being broken down into principal amount, accrued interest and /or finance charges where applicable, and any requests for attorney's fees.

CRITICALCivil cases

Applies to

Motion and notice

Must include

certificate of service

Each motion and notice must include a certificate of service identifying each recipient, the delivery method, and the delivery or transmission date.

Each motion and notice shall contain a certificate of service setting forth each party or attorney to whom the photocopy was delivered, the method(s) of delivery, and the date that the photocopy was delivered or transmitted.

CRITICALCivil cases

Applies to

Petition

The signer must add their name and office position to the petition as witness and verification of the oath.

shall sign their name and office position to the petition as witness and verification of said oath.

CRITICAL

Applies to

Request for judicial order

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

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 of the request.

CRITICALCivil cases

Applies to

Pleading motion other paper

Must include

case number

Each filed pleading, motion, or other paper must identify the case and provide the signer’s typed or printed name, address, telephone number, and email address unless that information is protected by statute or court rule.

Every pleading, motion, and any other paper filed in the record by counsel or party shall contain the case number, typed or printed party name, address, telephone number and email address of each attorney or party signing the document unless the information is otherwise protected by statute or court rule (e.g., domestic violence order cases and interpersonal protective order cases).

CRITICALCivil cases

Applies to

Agreed order

An agreed order prepared by a party must be submitted to the opposing attorney or self-represented party for signature as “Have Seen.”

Any Agreed Order prepared by an attorney or pro se party shall be submitted to the opposing attorney or prose party for signature as Have Seen.

CRITICAL

Applies to

Appearance waiver or agreement

An unrepresented party must sign and acknowledge an appearance and waiver or agreement before a notary or deputy clerk.

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

CRITICALCivil cases

Applies to

Petition or motion to reopen family court case

A party filing a petition or motion to reopen a family court case must also file a completed AOC-FC-3 Family Court Case Data Information Sheet.

Any party filing a petition or motion to reopen a family court case shall also file a completed AOC-FC-3 Family Court Case Data Information Sheet, which may be obtained in the Circuit Court Clerk's Office.

CRITICALCivil cases

Applies to

Motion

The movant must state that the motion is made under CR 78(2) and the local rule.

Movant shall state that the motion is made under CR 78(2) and this local rule.

CRITICAL

Applies to

Order or judgment

A signed order or judgment must be delivered to the Clerk for entry.

The Order of Judgment, when signed by the Judge, shall be delivered to the Clerk for entry.

CRITICALCivil cases

Applies to

Discovery motion

A motion to compel discovery must include counsel’s certificate that counsel conferred or corresponded with opposing counsel and could not resolve the dispute without a hearing.

Motions to compel discovery shall contain a certificate, by counsel, that she or he has conterred or corresponded with opposing counsel and that they are unable to reconcile their differences without hearing.

CRITICAL

Applies to

Sworn affidavit

For default-judgment motions in collection and other default-judgment actions, the moving party must provide a sworn affidavit identifying the moving party and any changes in its legal status so the original claimant can be identified.

Motions for default judgment in collection cases and in other default judgment actions may be noticed at the convenience of the Court provided that the moving party provide the following information by swor affidavit to the Court: A. The identity of the moving party, as well as any changes in the legal status of the moving party, to the extent that the Court and any non-moving party can identify the original party who has made the claim.

CRITICALCivil cases

Applies to

Motion for final decree or order

Must include

proposed order

A motion for entry of a final decree or order must include a proposed decree adopting any applicable settlement agreement or court order.

The motion shall be accompanied by a proposed decree adopting any settlement agreement or order of the Court, if applicable.

CRITICALCivil cases

Applies to

Application to inspect adoption records

Applications concerning inspection of adoption records must be filed with the Circuit Clerk's Office, which then transmits the request and applicable file to the Family Court Judge.

Applications regarding inspection of Adoption Records Requests are to be filed with the Circuit Clerk's Office, and once filed, the Circuit Clerk shall transmit the request along with the applicable file to the Family Court Judge.

CRITICALCivil cases

Applies to

Written explanation

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

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

CRITICALCriminal cases

Applies to

Pretrial diversion order

The Order shall include : 1. Restitution, if applicable . 2. Whether the diversion shall be supervised or unsupervised (and include supervision fees, if applicable) . Duration of the diversion. 4. That the petitioner remain drug and alcohol free and be subject to random testing . 5. That the petitioner have no violation of the Penal Code or the Controlled Substances Act. 6. That the petitioner possess no firearm or any other deadly weapon . 7. Any other provision of KRS 533.030 or any other condition which the Court deems appropriate .

The Order shall include : 1. Restitution, if applicable . 2. Whether the diversion shall be supervised or unsupervised (and include supervision fees, if applicable) . Duration of the diversion. 4. That the petitioner remain drug and alcohol free and be subject to random testing . 5. That the petitioner have no violation of the Penal Code or the Controlled Substances Act. 6. That the petitioner possess no firearm or any other deadly weapon . 7. Any other provision of KRS 533.030 or any other condition which the Court deems appropriate .

CRITICALCivil cases

Applies to

Domestic violence petition

A completed, sworn Domestic Violence Petition must be presented immediately to the Family Court Judge, with the stated alternate judges used if the designated judge or authorized individuals are unavailable.

D. The completed and sworn to Domestic Violence Petition shall immediately be presented to the Family Court Judge of the 42 Judicial Circuit. If not available, the petition may be presented to the District Judge of Calloway or Marshall County. If no authorized individual can be found in the 42nd Judicial Circuit, the office shall present the verified petition to the Family Court Judge, Circuit Judge, or District Judge in any surrounding county.

CRITICAL

Applies to

Jury instructions

When directed by the Judge, the parties must submit the instructions they intend to offer at trial.

The parties upon direction of the Judge shall submit those instructions to be offered at trial

CRITICAL

Applies to

Protective order petition

Protective-order petitions under KRS Chapters 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.

CRITICALCivil cases

Applies to

Motion for compensation

A motion for compensation must be accompanied by an affidavit stating the hours and description of services, the reasonableness of the requested fee, and the disposition date after the proceeding has concluded.

2. Motions for compensation shall be accompanied by an affidavit indicating: a. The hours of service rendered with a brief description of the services rendered and reasonableness of the fee requested; and b. That the action or proceeding has been concluded and the date of disposition.

CRITICAL

Applies to

Agreement or agreed order

Agreements and agreed orders must state the correct mailing addresses of attorneys or unrepresented parties, except when the party has an active protective order against the opposing party.

All agreements and agreed orders shall contain the correct mailing addresses for the attorneys or parties if not represented by counsel unless the party has an active Emergency Protective Order or Domestic Violence Order against the opposing party.