McCracken Circuit Court Document Filing Requirements

CRITICAL

Applies to

Settlement conference report

Counsel must submit a settlement conference report to the Court before the Case Management Conference; the excerpt ends before completing the required description of the report.

Counsel for the parties shall submit a settlement conference report to the Court prior to the Case Management Conference outlining any agreements and items remaining in

CRITICAL

Applies to

Default judgment motion

When the cited rules apply, a party seeking default judgment must file a written motion that appears on the motion docket.

A party seeking a judgment by default where CR 55.01, 5.01, or 6.03 apply shall file a written motion for such a judgment, which must appear on the motion docket.

CRITICAL

Applies to

Motion

For motions covered by this section, excluding those permitted by law to be heard ex parte, each motion must include a brief statement of its grounds and supporting authorities, either in the motion’s body or otherwise.

There shall be filed with each motion a brief statement of the grounds therefor, 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

Order or judgment

After a ruling or judgment in a civil case, a conforming order or judgment must be prepared by the Court or, if directed, by counsel.

In all civil cases whenever any ruling is made, or Judgment rendered, a proper Order or Judgment in conformity therewith shall be prepared by the Court, or by counsel for any party to the proceeding, if so directed by the Court.

CRITICAL

Applies to

Motion response

If a party desires to respond or if the Court orders a response, the response to any motion shall be in similar form and shall be filed with the Clerk no later than five days prior to the date set for the hearing of the motion unless a different time is fixed by the Court.

If a party desires to respond or if the Court orders a response, the response to any motion shall be in similar form and shall be filed with the Clerk no later than five days prior to the date set for the hearing of the motion unless a different time is fixed by the Court.

CRITICAL

Applies to

Default judgment motion

A motion for default judgment must be accompanied by the movant's certificate required by CR 55.01.

Said motion shall be accompanied by the movant's certificate, as stated in CR 55.01.

CRITICAL

Applies to

Order or judgment

Counsel-prepared orders or judgments must include sufficient copies for all parties entitled to notice; noncompliance may prevent signature or entry until corrected.

Any Order or Judgment prepared by counsel must be accompanied by sufficient copies for all parties entitled to notice, including the Special Commissioner and Friend of the Court, where appropriate. Failure to comply with the above shall be cause of the Court to refuse to sign such Order or Judgment, or the Clerk to withhold the entry thereof pending compliance.

CRITICAL

Applies to

Pleading

Pleadings must provide the personal identifying information required by the listed statutes.

all pleadings must comply with the requirements of KRS Chapters 205, 403. 405, 406 A. The Family Court Case Data Sheet must be fully completed in all cases. In addition. and 407 by providing the personal identifying information required in those chapters.

CRITICAL

Applies to

Petition

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

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

CRITICAL

Applies to

Motion

Must include

proposed order

For motions other than motions for summary judgment, a proposed order must be tendered with the motion, except for orders requiring findings of fact and conclusions of law.

Except for motions for summary judgment, no motion shall be filed without the tender of a proposed order in conformity therewith, excluding such orders that require findings of fact and conclusions of law.

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

Separate paper

When an active EPO or DVO is in effect, the protected party’s address must be supplied to the clerk on a separate paper.

If there is an active EPO or DVO then the address of the protected party shall be supplied to the clerk on a separate paper so that the protected party may receive their copy.

CRITICALCriminal cases

Applies to

Pretrial diversion order

Pretrial diversion may not exceed five years without the petitioner's agreement and must last at least as long as needed to complete restitution.

Duration of the pretrial diversion shall not exceed five (5) years without agreement ofthe petitioner . Duration ofthe diversion agreement shall not be less than the time required to make restitution in full.

CRITICAL

Applies to

Pleading motion or other filed paper

Every paper filed by counsel or a party must state the signer's printed name, address, telephone number, and, if available, fax number and email address.

Every pleading, motion and any other paper filed in the record by counsel or party shall contain the printed name, address, telephone number, fax number and e-mail address. if fax and e-mail are available, of the attorney or party signing the paper.

CRITICAL

Applies to

Final order

In a bifurcated dissolution action, the final order resolving remaining issues must be designated “Final Supplemental Decree.”

In any bifurcated dissolution of marriage action the final order resolving any remaining issues shall be designated as "Final Supplemental Decree". The clerk shall close any action wherein a Final Supplemental Decree is filed.

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.

CRITICALCriminal cases

Applies to

Written recommendation

When recommending diversion, the Commonwealth must submit written recommendations on diversion conditions and the appropriate sentence if the agreement is unsuccessful.

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 is unsuccessful .

CRITICAL

Applies to

Interrogatory or request for admission response

A party answering interrogatories or requests for admissions must comply with CR 33.01.

When answering interrogatories or requests for admissions, the replying party shall comply with CR 33.01.

CRITICAL

Applies to

Certificate of service

Must include

certificate of service

A Certificate of Service must state the time and manner of service, identify the recipient, and be signed by the person who made service.

Proof of service shall be made by "Certificate of Service" setting forth proof of the time and manner of service, to whom was service made and signed by the person making the service and filed of record before any action is taken on the motion.

CRITICAL

Applies to

Petition

The judge reviewing a petition must indicate in its Court Action section whether the resulting 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 theỗ&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

CRITICAL

Applies to

Order or judgment

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

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

CRITICALCriminal cases

Applies to

Pretrial diversion order

A pretrial diversion order must address applicable restitution, supervision and fees, duration, compliance with Probation and Parole rules, and the stated conduct conditions.

The Order ofDiversion shall include - 1. Restitution, if applicable. 2. Whether the diversion shall be supervised or unsupervised (and include supervision fees, if applicable) . 3. Duration ofthe diversion . Require defendant to obey all rules and regulations imposed by Probation & Parole. 5. As required by KRS 533 .030(1) [conditions of probation-restitution], direct the defendant not to commit any offense during the period ofthe 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

Case filing or reopening

Cases filed or reopened in Family Court must complete an AOC-FC-3 Family Court Case Data Information Sheet with the petition or motion filed in connection with a reopening.

All cases filed or reopened in Family 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 Shect, which may be obtained in the Circuit Court Clerk's Office.

CRITICAL

Applies to

Default judgment

A default judgment must state that the movant furnished the certificate required by CR 55.01.

Any judgment by default entered by the Court shall, as a part thereof, state that the movant has furnished the certificate as required by CR 55.01.

CRITICAL

Applies to

Family court video

The Clerk's Office must not release an in-chamber interview video of a child without a specific written order of the Family Court Judge.

Pursuant to FCRPP 27, the Circuit Court Clerk's Office shall not release any Family Family Court Judge. An individual requesting a judicial order must provide the Family Court video in-chamber interviews with children without a specific written order of the portion of the video record being requested is an in-chamber interview with a child and Court Judge a written explanation for the request which specifically indicates the specific purpose of the request.

CRITICAL

Applies to

Agreements and agreed orders

Agreements and agreed orders must contain a proper clerk’s certificate with the correct mailing addresses, subject to the stated exception for a party protected by an active EPO or DVO.

All agreements and agreed orders shall contain a proper clerk's certificate with the correct mailing addresses for the attorneys or partics if not represented by counsel unless the party has an active Emergency Protective Order or Domestic Violence Order against the opposing party.

CRITICALCriminal cases

Applies to

Recommendation

The Commonwealth must make a written recommendation to the Court for each application.

C. The Commonwealth shall make a written recommendation to the Court in response to each application pursuant to KRS 533 .250(2).

CRITICAL

Applies to

Summons

If a case is reassigned or transferred, the issuing judge must re-issue the 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

Appearance and waiver

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

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

CRITICAL

Applies to

Default judgment

A default judgment must include a certified complaint, affidavit, or other documentation sufficient to apprise the Court of the damages requested.

It shall also include by means of a certified complaint, affidavit or other such documentation, to sufficiently apprise the Court of the damages requested.

CRITICAL

Applies to

Order

An order setting a reimbursement percentage for daycare or uninsured medical expenses must specify how the payor is notified and how and when reimbursement is paid.

All orders setting forth a percentage for reimbursement of daycare or uninsured medical expenses shall include a specific provision for giving notice to the payor requesting reimbursement of the expenses and a specific provision for how and when reimbursement is to be paid.

CRITICAL

Applies to

Order or judgment

Must include

certificate of service

The original order or judgment must include a Certificate of Service for the Clerk's signature listing the names and addresses of nondefaulting parties or their counsel.

The original of said Order 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.

CRITICAL

Applies to

Case filing

Pleadings, motions, orders, and all other papers filed in the case must indicate the Division in which they are filed.

Thereafter, pleadings, motions, orders and all papers in the case shall indicate the Division in which they are filed.

CRITICAL

In a divorce action involving minor children, counsel or a pro se petitioner must file Form AOC FC-3 with the clerk and send a copy to the Family Court Office.

In any divorce action involving minor children, counsel for the Petitioner or a Pro Se Petitioner shall file a Form AOC FC-3 with the clerk and shall send a copy to the Family Court Office at 301 S. 681 St., Paducah, KY 42003.

CRITICALCriminal cases

Applies to

Pretrial diversion application

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

B. 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

Settlement order

If mediation results in settlement, an attorney for one of the parties must prepare and submit an order reflecting the settlement to the Court.

If a case is settled prior to or during mediation, an attorney for one of the partics shall prepare and submit to the Court an order reflecting the fact of settlement as in any other case.

WARNING

Applies to

Filed paper

A rubber stamp does not qualify as a signature on a filed paper.

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

INFOCriminal cases

Applies to

Pretrial diversion order

A diversion order may include conditions requiring the petitioner to remain drug- and alcohol-free with random testing, avoid Penal Code or Controlled Substances Act violations, and possess no firearm or other deadly weapon.

The Order of Diversion may include : I. That the petitioner remain drug and alcohol free and be subject to random testing. 2. That the petitioner have no violation ofthe Penal Code or the Controlled Substances Act . 3. That the petitioner possess no firearm or any other deadly weapon .

CRITICAL

Applies to

Joint statement

When mediation resolves only some issues or produces agreements on discovery or other matters, the parties must submit a joint statement listing 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.