McCreary County Circuit Court, Kentucky Document Filing Requirements

CRITICAL

Applies to

Pretrial diversion motion

When recommending diversion, the Commonwealth must provide written conditions and an appropriate sentence for an unsuccessful agreement using signed AOC Form 347, and submit the plan as part of the plea agreement.

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. KRS 533.252(3). AOC Form 347, styled Motion for Pretrial Diversion of a Class D Felony, which contains the Commonwealth's recommendation and is signed by the defendant, defense attorney and the Commonwealth's Attorney, shall be used for this purpose. This diversion plan shall be submitted to the Court as part of defendant's plea agreement.

CRITICAL

Applies to

Commonwealth recommendation

The Commonwealth must submit a written recommendation to the Court in response to every diversion application.

The Commonwealth shall make a written recommendation to the Court in response to each application. KRS 533.250(6) .

CRITICAL

Applies to

Judgment or order

Before submission to the Court, judgments or orders directing a sale, disbursement, or deed delivery must be submitted with the record to the Commissioner for certification; the Commissioner then delivers them to the Court for approval and entry.

All judgments or orders directing the sale of property by the Master Commissioner, directing the disbursement of monies held by the Commissioner, or directing the delivery of a deed must, prior to submission thereof to the Court, be submitted along with the record to the Commissioner for certification that the same complies with all applicable statutes and rules. The Commissioner shall then deliver the judgment or order to the Court for approval and entry.

CRITICALCivil cases

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.

It 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

Distribution order

An order distributing funds held by the Commissioner must state all amounts collected, identify the proper recipients, and specify the amount due to each under the judgment or order.

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

CRITICAL

Applies to

Attorney fee motion

A motion for compensation must include an affidavit stating the appointment’s statutory basis, the hours and nature of services and reasonableness of the requested fee, and that the action or proceedings have concluded.

Motions for compensation shall be accompanied by an affidavit indicating: A. The statutory basis for 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 proceedings have been concluded.

CRITICAL

Applies to

Order of submission

An action may be submitted only after an order of submission is entered, and that order and the record must be placed in the appropriate order/judgments basket in the Clerk’s Office.

210.2 An action shall be submitted only upon the entry of an order of submission. The order of submission, along with the record, shall be placed in the appropriate order/judgments basket in the Clerk's Office.

WARNING

Applies to

Proposed findings conclusions and decree

Counsel should be prepared to tender proposed findings of fact, conclusions of law, and a decree to the Commissioner at the hearing or to the Court at submission.

Counsel should be prepared to tender proposed Findings of Fact, Conclusions of Law and Decree to the Commissioner at the time of the hearing, or to the Court at the time of submission.

WARNING

Applies to

Case style

Cases in which either or both parties proceed in forma pauperis should be identified as such in the case style.

All cases in which one or both of the parties are proceeding informa pauperis should be denoted as such in the style of the case.

WARNING

Applies to

Sale order

The order or judgment directing the sale may adopt these terms and conditions by reference to the rule; otherwise, it must restate them.

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

WARNING

Applies to

Cost request

Attorneys may recover expended costs only upon proper itemization to the Court.

Attorneys shall also be able to recover the costs expended upon proper itemization to the Court.

WARNING

Applies to

Default judgment motion

The motion should certify that the opposing party has been served with process and has served no papers upon the moving attorney. The motion should also state whether the opposing party is in the military service.

The motion should certify that the opposing party has been served with process and has served no papers upon the moving attorney. The motion should also state whether the opposing party is in the military service.

WARNING

Applies to

Mediation referral

After accepting a case, the mediator may refer it back to the Court for good cause, and the referral must be in writing.

906.2 At any time after a case has been accepted, the mediator may refer it back to the Court for good cause, which shall be in writing.

INFO

Applies to

Agreed order

Parties may resolve discovery disputes out of court through an agreed order signed by counsel for all affected parties, without a supporting motion or Motion Docket placement.

205.2 Out-of-Court resolutions of discovery disputes may be effectuated by submitting to the Court an agreed order signed by counsel for all affected parties. No supporting motion is necessary and the matter need not be placed on the Motion Docket.

INFO

Applies to

Motion

701.1 To obtain a show cause order in proceedings for contempt, a party should file a motion supported by an affidavit showing the party is entitled to the Order.

701.1 To obtain a show cause order in proceedings for contempt, a party should file a motion supported by an affidavit showing the party is entitled to the Order.