McCreary County Circuit Court, Kentucky Document Filing Requirements

CRITICAL

Applies to

Show cause order

A contempt order must briefly state its grounds and include the specified warning about a warrant for failure to appear.

The order shall contain a short statement of the grounds for its issuance and the following statement: "IF YOU FAIL TO APPEAR AT THE HEARING A WARRANT FOR YOUR ARREST WILL ISSUE."

CRITICAL

Applies to

Order

If exceptions are filed after the D.R.C.’s ultimate recommendation, the relevant orders must be tendered directly to the Circuit Court.

If exceptions have been filed subsequent to the ultimate recommendation of the D.R.C., then the Orders relevant thereto shall be tendered directly to the Circuit Court.

CRITICAL

Applies to

Written motion

The attorney appearing for the defendant at arraignment must attend the pretrial conference and submit the written motions expected to be offered in the case.

805.3 The attorney appearing for the defendant at arraignment shall be in attendance at the pretrial conference and shall submit such written motions, which are expected to be offered in the case.

CRITICAL

Applies to

Decrees rules and orders

The listed decrees, rules, and orders must be signed by the Circuit Judge.

C. All decrees, rules and all orders entered upon motions to modify or terminate decrees, restraining orders, injunctions, contempt orders and temporary orders entered upon pendente lite motions shall be signed by the Circuit Judge.

CRITICAL

Applies to

Routine order

Routine orders setting contested trial or hearing dates, or addressing purely administrative matters, must be signed by the D.R.C.

D. All routine Orders setting contested trial dates, contested hearing dates or affecting purely administrative matters shall be signed by the D.R.C.

CRITICAL

Applies to

Order voiding pretrial diversion

AOC Form 346 must be used for an order voiding pretrial diversion of a Class D felony.

AOC Form 346, styled Order Voiding Pretrial Diversion Of A Class D Felony, shall be used for this purpose.

CRITICAL

Applies to

Distribution order

If the order distributes all funds and no matters remain for the Court, the order must state that the matter is final and stricken from the docket.

If all funds held by the Commissioner are distributed by the order requiring the distribution of funds and there are no further matters for determination by the Court, the order shall state that the matter is final and stricken from the Court's docket.

CRITICAL

Applies to

Motion

A motion going to the merits must be accompanied by a brief memorandum stating its grounds and citing the authorities relied upon.

All motions going to the merits of the case, including motions to dismiss, motions for summary judgment, motions to strike, and motions under CR 12.02, shall be filed at least 10 days prior to motion hour and accompanied by a brief memorandum of the grounds for the motion with citation of authorities relied upon, but not greater than 25 pages in length.

CRITICAL

Applies to

Trial brief

The parties must submit a trial brief consisting of a short memorandum of the facts and law on which they will rely.

The Court shall require the parties to submit a trial brief consisting of a short memorandum of the facts and law on which they will rely.

CRITICAL

Applies to

Case filing

All process and filings in a civil case must identify its assigned Division.

Thereafter, all process, pleadings, motions, orders, and papers filed in the case shall set forth the Division on which the case has been assigned.

CRITICAL

Applies to

Default judgment motion

A party seeking default judgment under CR 55.01 must file a written motion.

207.1 A party seeking a judgment by default under CR 55.01 shall file a written motion.

CRITICAL

Applies to

Relocation notice

Before a sole custodian relocates, written notice must be filed with the court.

Before a sole custodian seeks to relocate, written notice shall be filed with the court and notice shall be served on the non-custodial parent.

CRITICAL

Applies to

Attorney fee motion

Must include

proposed order

A Warning Order Attorney seeking payment must submit an attorney-fee motion with an attached order stating a reasonable fee for the services rendered for the Judge’s approval.

Any Warning Order Attorney (WOA) seeking payment shall prepare a motion for attorney's fees with an attached order which includes a reasonable fee for the services rendered and submit it for the Judge's approval.

CRITICAL

Applies to

Tax bill

If funds will be disbursed to taxing authorities, a copy of the relevant tax bill or bills must be furnished to the Commissioner.

If disbursements are to be made to taxing authorities, a copy of the pertinent tax bill(s) must be furnished to the Commissioner.

CRITICALCivil cases

Applies to

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.

CRITICAL

Applies to

Application for hearing

The Commonwealth may apply in writing for a hearing on violation of a pretrial diversion agreement, and the application must state the grounds for voiding it.

A. The Commonwealth may apply in writing to the Court for a hearing to determine whether the pretrial diversion agreement should be violated. The application must contain notice of the grounds for voiding the agreement. KRS 533.256(1) and 533.050(2).

CRITICAL

Applies to

Retained trial counsel withdrawal before appeal

Before permission to withdraw is granted, retained trial counsel must prepare and file the listed appeal documents, where applicable.

Before permission to withdraw is granted, it shall be the responsibility of retained trial counsel to prepare and file the following: A. Notice of appeal pursuant to RCr 12.04; B. Motion, affidavit, and order for leave to appeal in forma pauperis, if applicable; C. Designation of record on appeal; and, D. An order substituting the Office of Public Advocacy as counsel on appeal, if applicable.

CRITICAL

Applies to

Motion for pretrial conference trial

A party seeking assignment of a civil jury trial date must file a motion for a pre-trial conference/trial.

A party desiring assignment of a civil jury trial date shall file a motion for a pre-trial conference/trial.

CRITICAL

Applies to

Order confirming sale

Ten days after the report is filed, if no objections have been filed, the sale is deemed confirmed and an order confirming the sale, with copies, must be submitted to the Court.

Ten (10) days after the filing of the report, if no objections have been filed thereto, and with motions, the sale shall be deemed confirmed and an order confirming the sale (with copies) shall be submitted to the Court.

CRITICAL

Applies to

Preliminary and final verified disclosure statements

Each party must file both a Preliminary Verified Disclosure Statement (AOC-238) and a Final Verified Disclosure Statement (AOC-239) in compliance with the cited rules.

I. Each party must file a Preliminary Verified Disclosure Statement (AOC-238) and a Final Verified Disclosure Statement (AOC-239) in compliance with FCRPP 2(3) and FCRPP 3(3).

CRITICAL

Applies to

Response

A party properly served with a motion and supporting memorandum must file a response memorandum stating the grounds for opposition and citing supporting authorities.

Any party properly served with a motion accompanied by a memorandum of grounds and authorities shall file a response containing a memorandum of grounds opposing the motion, with citation of supporting authorities, but not greater than 25 pages in length.

CRITICAL

Applies to

Interrogatory or request for admission answer

An answer to an interrogatory or request for admission must reproduce the corresponding question or request immediately before the answer, whether or not the discovery is filed with the Court.

209.2 When answering interrogatories or requests for admission, the replying party shall, as a part of his answer, set forth immediately preceding the answer the question or the request made with respect to which such answer is given whether or not the interrogatories or requests are to be filed with the Court.

CRITICAL

Applies to

Order of diversion

The Order of Diversion must include any applicable restitution, supervision status and fee terms, diversion duration, and the specified probation, conduct, testing, and weapon conditions.

807.2 The Order of Diversion shall include the following: A. Restitution, if applicable. (This is mandatory pursuant to KRS 533.254 where victim has suffered monetary damage.) B. Whether the diversion shall be supervised or unsupervised. If supervised, a monthly supervision fee of not less than $10.00 nor more than $25.00 shall be imposed on the divertee, unless the fee is waived by the court in the case of indigency KRS 533.250(7). C. Duration of the diversion. D. Requirement that defendant obeys all rules and regulations imposed by Probation and Parole. E. As required by KRS 533.030(1), that the defendant shall not commit any offense during the period of the pretrial diversion. Defendant shall also comply with the directions of the Probation and Parole Officer (and any other provision of KRS 533.030 or any other condition the Court deems appropriate). F. The Order of Diversion shall also include the following: i. Defendant shall remain drug and alcohol free and be subject to random testing. ii. Defendant shall possess neither firearm nor any other deadly weapon.

CRITICAL

Applies to

Commonwealth recommendation

The Court may not consider diversion unless the Commonwealth provides a written favorable recommendation.

The Court cannot consider diversion without a written, favorable recommendation from the Commonwealth.

CRITICAL

Applies to

Notice of cancellation

If the property is withdrawn from sale or the defendant property owner files for bankruptcy relief, the sale must be canceled and the Commissioner must give notice of cancellation.

In the event the property is withdrawn from sale, or if the defendant property owner files for relief in Bankruptcy, the sale shall be canceled and the Commissioner shall give notice of cancellation of the sale.

CRITICAL

Applies to

Application for action on report

An application for court action on the report or objections must be made by motion and upon notice under CR 6.04.

Application to the Court for action upon the report and upon objections thereto shall be by motion and upon notice as prescribed in CR 6.04.

CRITICAL

Applies to

Order

If no exceptions are timely filed, the parties must prepare the specified approval order for the Circuit Court’s execution and provide the D.R.C. an opportunity to approve it.

If no exceptions are filed with the Court within the time allowed, then the parties shall prepare an Order approving and incorporating the proposed Findings of Fact, Conclusions of Law and Decree for execution by the Circuit Court and provide thereon and appropriate opportunity for the D.R.C. to execute approval.

CRITICAL

Applies to

Motion

Must include

certificate of conference

The moving party shall attach to the motion a certification of counsel that counsel has conferred and that they have been unable to resolve their differences. The certification should detail the attempts of counsel to resolve the dispute.

The moving party shall attach to the motion a certification of counsel that counsel has conferred and that they have been unable to resolve their differences. The certification should detail the attempts of counsel to resolve the dispute.

CRITICAL

Applies to

Order

If a case settles before or during mediation, an attorney for a party must prepare and submit an order reflecting the settlement to the Court.

906.3 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.

CRITICAL

Applies to

Report of sale and cost of sale

The Master Commissioner must file a Report of Sale and Cost of Sale no later than three business days after the sale.

The Master Commissioner, after making the sale, shall report any actions to the Court by filing a Report of Sale and Cost of Sale no later than three business days after the date of sale.

CRITICAL

Applies to

Agreed order

An agreed order for a motion on the Motion Docket may excuse counsel from attending the docket call if it is signed by counsel for all affected parties and submitted to the Clerk beforehand; it must state the basis for the order.

205.1 If an agreed order, signed by counsel for all parties affected, relating to a motion appearing on the Motion Docket is submitted to the Clerk prior to the call of the Motion Docket, counsel need not attend the call of the Motion Docket. The agreed order shall set forth the basis for the order.

CRITICAL

Applies to

Motion

Must include

proposed order

Each motion must have a proposed order filed and submitted with it.

204. PROPOSED ORDERS SHALL BE FILED AND SUBMITTED WITH A MOTION.

CRITICAL

Applies to

Notice of hearing

A motion hearing notice must specify the hearing date, time, and place.

The notice shall specify the date, time, and place for the hearing.

CRITICAL

Applies to

Appraisal report

When an appraisal is required, the appraisers’ written appraisals must be filed as part of the record before the sale.

The Appraisers shall be sworn by the Master Commissioner before making such appraisals and they shall return their appraisals in writing to the Master Commissioner who shall file same as a part of the record prior to the sale.

CRITICAL

Applies to

Agreed order

If the parties agree to modify the time-sharing arrangement, they must file an agreed order.

or, the parties shall file an agreed order if the time sharing arrangement is modified by the agreement.

CRITICALCivil cases

Applies to

Summons

If a case is reassigned or transferred because other actions are pending or circumstances make review by another court proper, the issuing judge must re-issue a summons until the receiving judge can hear the matter.

Cases may be reassigned or transferred between courts if it is determined that there are other actions pending or circumstances indicate that review by the other court is proper. KRS 403.725, KRS 456.030. 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

Order or judgment

An order or judgment directing a property sale or deed execution or delivery must include the property description and identifying information, the party whose interest is affected, and the source of that party's title.

Every order or judgment of this Court directing the commissioner to sell property or to execute or deliver a deed shall contain: A. The legal description of the property including a street address (or if it has no street address, a brief identification of its location and size) and any number(s) assigned to the property/parcel by the tax assessor for purposes of identification and record keeping such as the parcel or property identification number; B. The name of the party or parties whose interest is being sold or conveyed; and C. The source of the party's or parties' title.

CRITICAL

Applies to

Proposed order or judgment

After a ruling or opinion, submit a conforming proposed order or judgment to the Court and simultaneously send a copy to opposing counsel or, if a party is unrepresented, to that party’s address of record.

206.1 When a ruling is made or opinion rendered, a proposed order or judgment in conformity therewith shall be presented to the Court with a copy simultaneously remitted to opposing counsel. If a party is not represented by counsel, then the copy shall simultaneously be remitted to said party's address of record.

CRITICAL

Applies to

Written motions

The defendant’s arraignment attorney must attend the Pretrial conference and submit the written motions expected to be offered in the case.

The attorney appearing for the defendant at arraignment shall be in attendance at the Pretrial conference and shall submit such written motions, which are expected to be offered in the case.

CRITICAL

Applies to

Joint statement

When mediation resolves only some issues or the parties reach agreements on discovery or other matters, the parties must submit a joint statement identifying resolved issues and those remaining for trial.

906.4 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.

CRITICAL

Applies to

Relocation notice

Before a joint custodian relocates, written notice must be filed with the court.

Pursuant to FCRPP 7(2) on relocation, before a joint custodian seeks to relocate, written notice shall be filed with the court and notice shall be served on the non- relocating joint custodian.

CRITICALCivil cases

Applies to

Petition

The judge reviewing an order-of-protection petition must indicate in its Court Action section whether the resulting action is a domestic violence action under Chapter 403 or an interpersonal protective order action under Chapter 456.

B. 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

Pretrial diversion application

The application process requires counsel to state, and the defendant to agree on the record, to waive speedy-trial and speedy-disposition rights if diversion is granted.

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

Final report

The D.R.C.’s final report must be filed with the Office of the Circuit Court Clerk.

The final report of the D.R.C. shall be filed with the Office of the Circuit Court Clerk

CRITICAL

Applies to

Deed

The Master Commissioner must execute and deliver the deed within five business days after the court confirms the sale and approves the deed, once the specified costs and amounts or purchase price have been paid.

The Master Commissioner shall execute and deliver the deed to the purchaser of the property no later than five business days after the court has confirmed the sale and approved the deed and all costs, fees, and other required amounts due and owing, if any, have been paid by the foreclosing mortgagee or lienholder or the purchase price has been paid in full by the third party purchaser.

CRITICAL

Applies to

Default judgment motion

A default-judgment motion must be noticed for hearing and placed on the regular Motion Day docket, and the moving party must appear on that Motion Day.

207.2 The motion shall be noticed for hearing and placed on the regular motion day docket. The party seeking the default judgment shall appear on the motion day that the motion is noticed to be heard.

CRITICAL

Applies to

Order of submission

When submitting an action for final judgment, the parties must prepare and present an order of submission that specifically identifies the issues submitted.

210.1 Upon submission of any action to the Court for final Judgment, the parties shall prepare and present to the Court an Order of submission setting forth in particular the issue or issues on which the action is submitted.

CRITICAL

Applies to

Purchaser tax claim

A purchaser seeking payment from sale proceeds for prior-year taxes or assessments must make a written claim and file it of record before paying the purchase price.

All taxes or assessments upon the property for prior years, shall be paid from the sale proceeds if properly claimed, in writing and filed of record, by the purchaser prior to the payment of the purchase price.

CRITICAL

Applies to

Agreed referral order

If counsel for both parties agree, the agreed order referring the case to the D.R.C. must be submitted to the Circuit Judge for approval.

E. If agreed upon by counsel for both parties, an agreed order referring a case to the D.R.C. shall be submitted to the Circuit Judge for approval.

CRITICAL

Applies to

Motion

Must include

proposed order

A proposed order must be filed and submitted with each motion.

206.3 Proposed orders shall be filed and submitted with a motion.