Marshall County Circuit Court, Kentucky Document Filing Requirements

CRITICALCivil cases

Applies to

Response

An opposing party seeking an oral hearing must state that request and notice the motion for the following motion-hour day.

If a party opposing the motion desires oral hearing, they shall so state, and proceed to notice the motion for the following motion hour day.

CRITICALCivil cases

Applies to

Protective order petition

Protective-order petitions under KRS Chapters 403 and 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. KRS 403.725, KRS 456.030.

CRITICALCivil cases

Applies to

Notice of request to withdraw

An attorney seeking to withdraw must file a notice of the request.

Any attorney wishing to withdraw shall file a notice of such request and serve a copy on all parties.

CRITICALCriminal cases

Applies to

Recommendation

Before making a recommendation to the Court, the Commonwealth's Attorney must provide written recommendations stating conditions for pretrial diversion.

3. Make recommendations to the Court in writing of conditions for pre- trial diversion .

CRITICALCivil cases

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

Order or judgment directing sale

The order or judgment directing the sale may incorporate the terms and conditions by reference to the rule or restate them.

(d) The terms and conditions hereinabove set out may be adopted by reference to this rule in the order or judgment directing the sale, or shall be restated therein.

CRITICALCivil cases

Applies to

Court order

Anyone other than the specified persons seeking to inspect a paternity case file must first obtain a court order permitting inspection.

All other persons desiring to inspect a paternity case file shall first obtain an order from the court permitting such inspection.

CRITICAL

Applies to

Order of distribution

An order distributing funds held by the Commissioner must state all amounts collected, each proper recipient, and the specific amount due to each.

Orders requiring distribution of funds held by the Commissioner shall set forth all amounts collected, identify the proper recipient(s) and the specific amounts due each under the judgment or order.

CRITICAL

Applies to

Cr 78 2 motion

The movant must notify the opposing attorney or unrepresented party that the motion is under CR 78(2) and may be routinely granted ten days after filing unless a response is filed.

The movant shall give notice that the motion is made under CR 78(2) and shall direct the attention of the opposing attorney (or party if there is no attorney) to the fact that under this local rule, the motion maybe granted routinely by the Court ten days afer filing unless a response is filed.

CRITICAL

Applies to

Settlement order

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

If a case is settled 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

Motion for final decree or order

When minor children are involved, the motion must include either a uniform child-support order and worksheet or, if the parties will follow an existing order, a reference to that order and its date.

If minor children are involved, the motion shall also be accompanied by either a uniform child(ren) support order and child support worksheet or, if the parties wish to abide by an existing child(ren) support order, a reference to that previous order and date of that order.

CRITICAL

Applies to

Attorney fee request

A request for attorney's fees must include counsel's affidavit stating the basis for the request.

Requests for attorney's fees must be accompanied by an affidavit of counsel setting out the basis for the request for attorney's fees.

CRITICAL

Applies to

Claim for prior year taxes or assessments

A claim for prior-year taxes or assessments must be made in writing.

All taxes or assessments on the property for all prior years shall be paid from the sale proceeds if properly claimed in writing and filed of record by the " purchaser prior to confirmation.

CRITICALCivil cases

Applies to

Court order

Each order must be prepared as a separate instrument.

All orders shall be prepared as separate instruments.

CRITICAL

Applies to

Motion for judicial order

A person seeking a judicial order for confidential video records must file a written motion stating the request’s purpose and give notice to all parties, including the child’s Guardian Ad Litem, if any.

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

Recommendation to court

The Commonwealth's Attorney must make written recommendations to the Court regarding conditions for pretrial diversion.

Make recommendations to the Court in writing of conditions for pre- trial diversion .

CRITICAL

Applies to

Joint statement

When mediation resolves only some issues or the parties reach other agreements, 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

Motion for compensation

A motion for compensation must include an affidavit stating the hours and description of services, the reasonableness of the requested fee, and that the action concluded and its disposition date.

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 date of disposition.

WARNING

Applies to

Trial brief

Trial briefs must be filed as directed by the Court’s pretrial orders; late filing may subject counsel to sanctions.

Trial Briefs shall be filed in accordance with the Court pretrial orders. Failure to timely file a trial brief may subject counsel to appropriate sanctions by the Court.

WARNING

Applies to

Unsealing log

The clerk must maintain a log recording when the envelope was unsealed, who unsealed it, and the purpose.

The clerk shall keep a record in the form of a log as to when the envelope was unsealed, by whom and for what purpose the envelope was unsealed.

WARNINGCivil cases

Applies to

Brief

A motion may be submitted under CR 78(2) for decision without an oral hearing based on brief written statements of reasons in support and opposition.

Motions may be made under CR 78(2), which makes provision for the determination of motions without oral hearing upon a brief written statement of reasons in support and opposition.

WARNING

Applies to

Jury instructions

The Court may require the parties to submit written trial instructions in advance of trial, based on the issues and law as then understood by the parties.

In the order to be entered pursuant to CR 16, the Court may require the parties to submit in advance of the trial written instructions based upon the issues and the law as then conceived by the parties, without prejudice to

WARNINGCivil cases

Applies to

Domestic violence petition

A person seeking an Emergency Protective Order should file a Domestic Violence Petition at the county Circuit Clerk's Office during its stated weekday hours; outside those hours, the person should contact a sworn law enforcement officer or the county attorney to obtain a petition.

During the hours of 8:00 a.m. - 4:30 p.m. Monday through Friday, a person who wishes to obtain an Emergency Protective Order should go to the Circuit Clerk's Office in their respective county and file a Domestic Violence Petition. At times other than these regular Circuit Court Clerk business hours, the person seeking protection should contact any sworn law enforcement officer (local city police, local sheriffs office, or state police) or the County Attorney in their respective county to obtain a Domestic Violence Petition.

WARNING

Applies to

Cr 78 2 motion

A movant may proceed under CR 78(2), in which the motion is determined without oral hearings based on brief written statements of reasons in support and opposition.

A movant may bring his or her motion under CR 78(2), which makes provisions for the determination of motions without oral hearings upon brief written statements of reasons in support and opposition.

INFO

Applies to

Jury instructions

Additional jury instructions may be offered at trial after the evidence closes to conform to the proof or in the interest of justice, as provided by CR 51.

additional instructions may be offered at trial upon close of the evidence, and to conform to the proof or in the interest of justice, as provided by CR 51.

INFOCivil cases

Applies to

Motion notice

A notice may substantially use the quoted form, which explains the ten-day decision procedure and how an opposing party may request a hearing.

The notice may take substantially the following form: This motion is submitted to the Court for decision pursuant to CR 78 and LRFC42 204. This motion may be routinely granted by the Court ten (10) calendar days from the date of filing, without a hearing on the motion, unless a response or objection is filed. If the opposing party wishes to have this matter heard in open Court, s/he must so state in the response, and shall set the matter for determination on a regular motion hour docket, with appropriate notice to all parties and the Court.

INFO

Applies to

Memorandum of law

The Court may require memoranda of law on aspects of the case specified in its order.

The Court may also require submission of memoranda of law on any aspects of the case specified in the order.

INFOCivil cases

Applies to

Court order

The Court may direct an attorney or self-represented party to prepare an order, or may take the matter under submission and prepare the order itself.

The Court may direct an attorney or pro se party to prepare an order reflecting the findings of the Court or may take the matter under submission for preparation of an order by the Court.