Martin County Circuit Court, Kentucky Document Filing Requirements

CRITICAL

Applies to

Permanency hearing report

CHFS must complete the Permanency Hearing Report Outline in the attached incorporated form and submit it to the Court 72 hours before the court date.

At the Permanency Hearing/Review, CHFS shall complete a Permanency Hearing Report Outline. pursuant to the attached document which is incorporated by reference herein, and submit same to the Court 72 hours preceding the Court date.

CRITICAL

Applies to

Expert witness identification

Attorneys and self-represented parties must identify their intended Final Hearing expert witnesses before or at the Case Management Conference.

The Attorneys or parties, if pro se litigants, shall identify any Expert Witnesses they intend to call to testify at the Final Hearing prior to or at the Case Management Conference.

CRITICAL

Applies to

Pretrial compliance statement

For a jury trial, the Pretrial Compliance Statement must contain each of the listed items.

When a jury trial is requested, a Jury Trial Order shall be entered by the Court directing the parties to furnish to the Court and each other, at least one week prior to trial, a Pretrial Compliance Statement containing the following: • A statement of the kind of action and a report on the status of mediation efforts; • Stipulations; • A statement of disputed issues with citation of authorities; • A confirmation that discovery is completed, or if not completed, the probable completion date; • A list of expected witnesses and brief summary of their testimony; • A separate list of expert witnesses and brief summary of their testimony; • A list of marked exhibits; • A list of all special damages and supporting documents; and • Proposed Jury Instructions

CRITICAL

Applies to

Expert report

A Preliminary or Final Report from each intended expert must be produced before or at the Case Management Conference.

shall also produce a Preliminary or Final Report from said expert prior to or at the Case Management Conference.

CRITICALCriminal cases

Applies to

Official records

Successful completion requires dismissal of the covered charge and the notation “dismissed as diverted” on all official records; the administrative record must be retained, not expunged.

E. Upon successful completion of the diversion contract, the charge subject to the contract shall be dismissed, and all official records shall bear the notation "dismissed as diverted". The administrative record shall not be expunged but, rather, shall be retained in conformity with the Kentucky Court of Justice Records Retention Schedule.

CRITICAL

Applies to

Protective order case

Must include

case number

Protective-order cases are assigned a D case number with the appropriate trailer number and may not be consolidated with another case type.

C. All cases will be assigned a "D" case number with the appropriate trailer number within the court case management system and may not be consolidated with any other case type.

CRITICAL

Applies to

Request for counsel

Upon a party's request and execution of the DNA 11 Financial Statement, Affidavit of Indigence and Request for Counsel form, the Court must appoint a Guardian ad Litem for the child and an attorney for a named party.

The Court shall appoint a Guardian ad Litem for the minor child, and an attomey for any named party upon their request and upon execution of a DNA 11. Financial Statement. Affidavit of Indigence and Request for Counsel form.

CRITICALCriminal cases

Applies to

Diversion contract

After referral, the defendant must meet with a pretrial officer to establish a formal contract specifying its conditions, services, length, and any required restitution or community service.

1. Upon referral to the Program, the defendant shall meet with a pretrial officer to establish a formal contract which specifies the court ordered conditions, the reterral services to be used, the length of the contract, and, if required the need for the defendant to make restitution or perform community service.

CRITICAL

Counsel must remain of record until the time to appeal a final judgment or order expires unless the Court relieves counsel upon written motion and notice.

5.3 Once having entered appearance, counsel shall remain of record, unless relieved of responsibilities by the Court upon written motion and notice (with copy of said motion served on the client), until expiration of the time for filing a notice of appeal after the entry of a final judgment or order.

CRITICAL

Applies to

Pleading motion or other paper

Must include

case number

Every paper filed by an attorney or party must include the case number and the signer’s typed or printed name and contact information; a rubber stamp is not a signature.

Every pleading, motion and any other paper filed in the record by an attorney or a party shall contain Identification of Counsel or Party Required attorney or party signing the paper. A rubber stamp shall not be deemed a signature either under this the case number, typed or printed name, address, telephone number and e-mail address of the Rule or CR I1.

CRITICAL

Applies to

Emergency custody order petition

A party seeking an Emergency Custody Order must file a petition with Family Court and may contact the county Cabinet for Health and Family Services.

A. Any interested party seeking an Emergency Custody Order must file a petition with the Family set forth below. Court and may contact the Cabinet for Health and Family Services in their respective county as

CRITICAL

Applies to

Juvenile petition

Juvenile petitions must be submitted to the respective County Attorney's office for a legal-sufficiency check before filing; if rejected, an interested party may file the petition and submit it to the Family Court Judge for review.

A. All Juvenile petitions shall be filed in accordance with FCRPP 20 and shall be submitted to the filing. If the petition is rejected by the county attorney, then it may be filed by the interested respective County Attorney's office who shall check the petition for legal sufficiency prior to its party and submitted to the Family Court Judge for a determination of its legal sufficiency.

CRITICALCriminal cases

Applies to

Pretrial report

After the diversion contract is completed, the pretrial officer must submit it and a report to the trial judge for approval; the report must include the listed background and eligibility information.

Following completion of the diversion contract, the pretrial officer shall submit a pretrial report and the contract for approval to the trial judge. The report shall contain basic pretrial information, a record of any past offenses and conviction, a 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.

CRITICAL

Applies to

Juvenile petition

A juvenile petition must cite the specific statute and state the factual allegations supporting the Court's jurisdiction.

I. Citations to specific Statute and factual allegations relied upon in asserting the Court's jurisdiction; and

CRITICAL

Applies to

Motion for compensation

A motion for guardian ad litem compensation must include an affidavit stating the appointment's statutory basis, the hours and description of services and reasonableness of the fee, and that the proceeding has concluded.

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

CRITICAL

Applies to

Final hearing exhibits

Parties must produce before or at the Case Management Conference any documents they intend to offer as Final Hearing exhibits.

shall also produce any documents they intend to submit as Exhibits at the Final Hearing prior to or at the Case Management Conference.

CRITICAL

Applies to

Mediator report

The mediator must file a report with the court stating the mediation outcome within 30 days after mediation concludes.

At the conclusion of mediation, the Mediator shall file a Report with the Court within thirty (30) days as to the outcome of the mediation, (i.e., full agreement, partial agreement or mediation terminated).

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

Alternative order or judgment

If opposing counsel finds an order or judgment unsatisfactory, counsel must present that party's alternative version to the Court.

6.3 If such order or judgment is not satisfactory to opposing counsel, counsel shall immediately make any objections known to the Court and present that party's alternative version of the order or judgment.

CRITICAL

Applies to

Guardian ad litem answer or report

The guardian ad litem must file either an answer on the respondent's behalf or a report stating that, after careful examination, the guardian cannot present a defense.

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

CRITICAL

Applies to

Financial disclosure statement

If applicable, all parties must submit Financial Disclosure Statements on the appropriate AOC forms before the Case Management Conference.

All parties shall submit Financial Disclosure Statements on the appropriate AOC forms prior to the Case Management Conference, if applicable.

CRITICAL

Applies to

Entry of appearance

An entry of appearance for a limited purpose must specify the limited nature of counsel's representation.

5.4 Unless counsel specifies otherwise on the record, an entry of appearance is considered to be a general appearance for all purposes. An entry of appearance for a limited purpose shall specify the limited nature of counsel's representation of the client.

CRITICAL

Applies to

Order or judgment

When the Court requests it, counsel in whose favor an order or judgment is rendered must prepare it.

All orders and judgments of the Court shall, at the request of the Court, be prepared by counsel in whose favor the order or judgment is rendered

CRITICAL

Applies to

Motion for order

A request for an order releasing confidential video records must be made by written motion stating the reason and proposed use.

An individual requesting such an Order must file a written motion, with Notice to all parties, including the child's Guardian ad Litem, if any, and set forth the reason for the request and proposed use thereof.

CRITICAL

Applies to

Request for order

A request for an order to obtain a child-interview video must explain the reason for the request and identify the portion requested and its proposed use.

An individual requesting such an Order must provide the Family Court Judge with a written explanation of the reason for the request and specifically indicate the portion of the video record being requested and proposed use thereof.

CRITICAL

Applies to

Entry of appearance

Upon being retained, counsel must promptly file a written entry of appearance unless the appearance is apparent from filed pleadings.

5.1 Upon being retained, counsel shall forthwith file a written entry of appearance, unless counsel's entry of appearance is apparent from pleadings filed.

CRITICAL

Applies to

Motion

Must include

proposed order

Each motion in a civil action must be submitted with a proposed order.

6.2 In civil actions, proposed orders shall be tendered with each motion.

CRITICAL

Applies to

Protective order petition

Protective-order petitions must use form AOC-275.1 and be accepted and filed with the court.

A. 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.

CRITICAL

Applies to

Pleadings and entry of appearance

Pleadings and entries of appearance must state counsel's office and mailing addresses, telephone and fax numbers, and email address.

5.2 On pleadings and in the entry of appearance, counsel shall set forth counsel's office address, mailing address, telephone number, fax number, and e-mail address.

CRITICAL

Applies to

Order for relief

An order for relief must not require the petitioner to take affirmative action.

Pursuant to KRS 403.740 and KRS 456.060, any orders for relief issued directing or prohibiting any other actions that the court believes will be of assistance in eliminating future acts of domestic violence and abuse, dating violence and abuse, stalking, or sexual assault shall not order the petitioner to take any affirmative action.

CRITICAL

Applies to

Petition

The reviewing judge must indicate in the petition’s “Court Action” section whether the case 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 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

Dispositional hearing submission

CHFS must provide the information required by FCRPP 28 using Form DNA 12 and submit it to the Court 72 hours before the Disposition Hearing.

At the Dispositional Hearing, CHFS shall also provide the court with the information required pursuant to FCRPP 28 by completing Form DNA 12 and submitting same to the Court 72 hours with the Court prior to the Disposition Hearing.

CRITICALCriminal cases

Applies to

Speedy trial waiver

Upon approval to participate, the defendant must sign a speedy-trial waiver and must be given the opportunity to consult an attorney beforehand if desired.

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

CRITICAL

Applies to

Proceedings record

A videotaped record must be kept for all proceedings, and copies must be made available to parties and counsel upon request under FCRPP 27.

A videotaped record of all proceedings shall be kept and copies shall be made available to the parties and their counsel upon request in accordance with the provisions of FCRPP 27.

CRITICAL

Applies to

Attorney statement

An attorney seeking permission to review or copy a paternity file must sign a statement limiting what may be shared with the client; the file's information is confidential and subject to attorney-client privilege.

Pursuant to KRS 406.035, the attorncy 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, including information relating to domestic violence or child abuse, as well as the addresses of the parties. 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.

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.

E. Cases may be reassigned within the judicial circuit and, pursuant to FCRPP 12, a case may be transferred to another circuit if there is a pending dissolution or custody matter in that Circuit. 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

Juvenile petition

The petitioner must provide full information about the child's parents and their addresses and make diligent efforts to locate them, including contacting the County Attorney's Child Support Division.

2. Full information conceming the child's parents and their addresses). The Petitioner initiating contact with the Child Support Division of the respective County Attorney's shall make diligent efforts to locate the child's parents, including but not limited to.

CRITICAL

Applies to

Petition

Separate petitions are required for each child in termination proceedings, and consolidation for hearing is permitted only by court order.

Termination Proceedings involving two (2) or more children with the same parents) whose righis are subject to termination must proceed by separate Petitions for each child, but may be consolidated for Hearing purposes only if so ordered by the Court.

WARNING

Applies to

Motion to submit dissolution for final decree

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

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

WARNING

Applies to

Proposed order or judgment

For matters taken under advisement, the Court may direct the parties to submit proposed orders or judgments.

In all matters taken under advisement, the Court may direct the parties to submit proposed orders or judgments for consideration.

WARNINGCriminal cases

Applies to

Contract termination statement

A participant may terminate the contract at any time by written statement to the pretrial officer or trial judge; early termination requires referral to the County Attorney to resume prosecution.

D. A Program participant may terminate the contract at any time by submitting a written statement to the pretrial officer or the trial judge. Where termination is prior to expiration of the contract period, the pretrial officer shall refer the case to the County Attorney for resumption of prosecution.

WARNING

Applies to

Status quo order motion

A Status Quo Order may be sought on AOC-237 by motion, with notice and an opportunity for opposing parties to be heard.

D. Status Quo Orders may be entered on the AOC-237 form upon Motion of any party with Notice and opportunity to be heard by the opposing parties).

INFO

Applies to

Final disclosure statement

A party may adopt the Preliminary Disclosure Statement as the Final Disclosure Statement if there are no changes and the Court is notified.

A party's 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.

CRITICAL

Applies to

Case plan

The Case Plan executed by CHFS and the parties must be filed with the Court before the Disposition Hearing.

The Case Plan executed by the CHFS and the parties shall also be filed with the Court prior to the Disposition Hearing.