Meade Circuit Court Document Filing Requirements

CRITICALCriminal cases

Applies to

Pretrial diversion order

The diversion order must state its duration, which may not exceed the greater of five years or the time needed to complete restitution.

(2) State the duration of the diversion, which shall not exceed the greater of five years or the time necessary to complete restitution.

CRITICAL

Applies to

Plaintiff expert witness list

At least 120 days before trial, the Plaintiff must furnish an expert-witness list containing each expert’s contact information, expected opinion, supporting facts, and qualifications.

In all civil matters, the Plaintiff shall furnish a list of expert witnesses from whom it is expected that an expert opinion will be elicited no less than one-hundred and twenty (120) days preceding the trial date. The list shall include the name, address and telephone number of the expert, as well as a succinct summary of the opinion which he/she is expected to give, the facts he/she is expected to rely upon in forming that opinion, and a curriculum vitae or other documentation setting forth the qualification of the person to serve as an expert witness.

CRITICALCivil cases

Applies to

Entry and appearance

An entry and appearance must not be signed before the petition is filed.

No entry and appearance shall be signed prior to the filing of the petition.

CRITICAL

Applies to

Cover sheet

The cover sheet directs the filer to provide each defendant’s name and address and the type of process needed, or indicate “No Process” if none is needed.

NAME AND ADDRESS OF EACH DEFENDANT WITH TYPE OF PROCESS NEEDED (If no process is needed, indicate "No Process")

CRITICAL

Applies to

Proposed judgment and order of sale

The Master Commissioner of this Court is hereby directed to sell the real estate described in the judgment at public auction to the highest bidder on the _day of → 20, at a.m./p.m. local time at the county courthouse after first having caused the property to be appraised according to law; and having advertised the sale as to the time, terms and place by posting handbills at the courthouse and on or near the property to be sold for at least fifteen (15) days prior to the date of sale, also by inserting notice thereof as to its time, terms and place of sale together with a street address or short description of said parcel of land once a week for three (3) successive weeks next preceding the date of sale in the newspaper with the largest bona fide circulation published in this County. The real estate shall be sold on terms of ten percent (10%) down and the balance on credit of forty-five (45) days, bearing interest at the rate of twelve percent (12%) per annum from date of sale until the purchase price is paid.

The Master Commissioner of this Court is hereby directed to sell the real estate described in the judgment at public auction to the highest bidder on the _day of → 20, at a.m./p.m. local time at the county courthouse after first having caused the property to be appraised according to law; and having advertised the sale as to the time, terms and place by posting handbills at the courthouse and on or near the property to be sold for at least fifteen (15) days prior to the date of sale, also by inserting notice thereof as to its time, terms and place of sale together with a street address or short description of said parcel of land once a week for three (3) successive weeks next preceding the date of sale in the newspaper with the largest bona fide circulation published in this County. The real estate shall be sold on terms of ten percent (10%) down and the balance on credit of forty-five (45) days, bearing interest at the rate of twelve percent (12%) per annum from date of sale until the purchase price is paid.

CRITICALCivil cases

Applies to

Pleading

All pleadings must provide the personal identifying information required by the cited KRS chapters.

In addition, all pleadings must comply with the requirements of KRS Chapters 205, 403, 405, 406 and 407 by providing the personal identifying information required in those chapters.

CRITICALCivil cases

Applies to

Agreed order

An agreed order modifying an existing order or condition must be noticed and docketed on the DRC docket before submission to the judge.

Any Agreed Order modifying an existing order(s) or conditions therein shall be noticed and docketed on the DRC docket prior to submission to the Judge of the Court.

CRITICALCriminal cases

Applies to

Pretrial diversion order

The diversion order must state its terms and conditions; the Court may order supervision, must set its intensity if ordered, and may impose supervision fees up to the legal maximum.

(4) Set forth the terms and conditions of the diversion . The Court may require supervision by the Corrections Cabinet, Division of Probation and Parole and shall determine the intensity of that supervision . The Court may order supervision fees. i n its discretion, but not to exceed the maximum amount permitted by law.

CRITICAL

Applies to

Motion or order of sale

Motions for default judgment or summary judgment and orders of sale must be accompanied by the specified affidavit.

Every motion for default judgment or summary judgment and order of sale shall be accompanied by the following:

CRITICAL

Applies to

Default judgment motion

A motion for default judgment must include an affidavit pursuant to the Servicemembers' Civil Relief Act of 2003.

If the matter is before the Court on a motion for default judgment, an affidavit pursuant to the Servicemembers' Civil Relief Act of 2003;

CRITICAL

For each claimed non-marital asset interest, a party must state its basis and approximate value and produce tracing documentation when available or as separately ordered.

10- NON-MARITAL INTEREST. For each asset in which you claim a non-marital interest, provide the basis and approximate value of non-marital claim. Documentation tracing any non- marital asset shall b: produced if available, and if not currently available, shall be produced when available, or as specified by separate court order.

CRITICAL

Applies to

Motion

Each motion must be verified or supported by the movant’s affidavit or affidavits.

Each motion shall be verified or supported by affidavit(s) of the Movant, which shall be served upon the adverse party with the motion.

CRITICALCivil cases

Applies to

Motion

Each motion must be verified or supported by the movant’s affidavit or affidavits.

Each motion shall be verified or supported by affidavit(s) of the Movant, which shall be served upon the adverse party with the motion.

CRITICALCivil cases

Applies to

Mediation agreement

Handwritten or recorded mediation agreements must be typed and signed by all parties and their counsel, if any, within ten working days.

Handwritten or recorded mediation agreements must be typed and signed by all parties and their counsel, if any, within ten (10) working days.

CRITICALCivil cases

Applies to

Motion requesting status quo order

The motion requesting a Status Quo Order must state that the respondent has ten days to object to entry of the order.

The Motion must state that the Respondent has ten days to file an objection to entry of said Order.

CRITICAL

Applies to

Proposed judgment and order of sale

The proposed judgment and order of sale must include a typed or machine-printed legal description with a complete source of title; a reference to an attachment is insufficient.

The typed or machine printed legal description of the property to be sold with a complete source of title. (A reference to an attachment will not be sufficient).

CRITICAL

Applies to

Debt schedule

For each debt designated as non-marital, a party must identify who should assume responsibility and explain why.

2. For each debt designated as "non-marital," list the party you think should assume responsibility for said debt and why

CRITICAL

Applies to

Original pleading or first responsive pleading

In actions involving child or spousal support, each party must file specified tax and earnings records with the original or first responsive pleading.

6.02 In any action wherein the support and maintenance of children or spousal maintenance is in issue, each party shall file with his/her original pleading or first responsive pleading a copy of his/hcr copics of the Federal 1040 Income Tax return, including the schedules thereto appended for the immediate past three (3) years, together. with W-2s and any 1099s received for those years; wage statements from his/her employer for the immediate prior cight (8) weeks; and/or documented cvidence of his/her earnings for the immedine prior three (3) months.

CRITICALCriminal cases

Applies to

Motion for sentencing docket placement

If the accused terminates before the contract expires without the pretrial officer’s consent, the County Attorney must file a written motion to place the case on the criminal docket for sentencing after referral.

Where the termination is prior to the expiration of the contract period and without the consent of the pretrial officer, the pretrial officer shall refer the case to the County Attorney, who shall file a written motion requesting that the case be placed on the criminal docket for sentencing.

CRITICAL

Applies to

Motion

The movant must use AOC Form 347 or a court-approved form with the specified title, include or attach the Commonwealth's Attorney's recommendation, obtain the required signatures, and file it with the Circuit Court Clerk.

(5) The movant shall use AOC Form 347 or a form of approved by this Court which shal. be styled, "Motion for Pre-trial Diversion of a Class "D" Felony". The above form shall include or be accompanied by the Commonwealth's Attorney's recommendation and shall be signed by the Defendant, Defense Attorney and the Commonwealth's Attorney. As with all other motions, the same shall be filed with the Circuit Court Clerk.

CRITICALCriminal cases

Applies to

Pretrial diversion motion

The movant must use AOC Form 347 or a court-approved form with the specified title, include or attach the Commonwealth's Attorney's recommendation, obtain the required signatures, and file it with the Circuit Court Clerk.

The movant shall use AOC Form 347 or a form of approved by this Court which shall be styled, "Motion for Pre-trial Diversion of a Class "D" Felony". The above form shall include or be accompanied by the Commonwealth's Attorney's recommendation and shall be signed by the Defendant, Defense Attorney and the Commonwealth's Attorney . As with all other motions, the same shall be filed with the Circuit Court Clerk

CRITICAL

Applies to

Continuance motion

A continuance motion based on an absent necessary witness must be supported by a subpoena copy or a memorandum identifying the subpoena and its service details, and counsel must be prepared to address efforts to obtain service.

8.07 In addition to the requirements of RCr 9.04, any party seeking the continuance of a trial date based upon the absence of a necessary witness, except for good cause shown, shall have filed with the Clerk of the Court no less than two (2) days prior to the making of the motion for a continuance, a copy of the subpoena for said witness which was on that date or prior to that date issued for the appearance of said witness; or, a memorandum setting forth the name of the person subpoenaed, the agency/entity to whom the subpoena was delivered for service, and the date the subpoena was so delivered. Further, counsel must be prepared to advise the Court that a good faith effort has been made to achieve service and explain the reason that service has not been made.

CRITICAL

Applies to

Pretrial diversion application

A pretrial-diversion application must include counsel's statement and the defendant's on-record agreement to waive speedy-trial and final-disposition rights if diversion is granted.

(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 final disposition of the charge against him/her is waived.

CRITICALCivil cases

Applies to

Petition

A Case Data Information sheet, Form AOC-FC-3, must be filed with the petition.

A Case Data Information sheet shall be filed with the petition (Form AOC-FC-3).

CRITICAL

Applies to

Verified financial disclosure statement

In a dissolution action involving pleadings referring to marital property or debt incurred during the marriage, the initial moving party must prepare and file a VFD in the form set out in DrR Form 1.

In any action for dissolution of marriage, if any pleadings refer to the existence of marital property or debt: incurred during the marriage, the party tendering the pleadings ("initial moving party") shall prepare and file a Verified Financial Disclosure ("VFD") statement in the form an. fashion as set forth in DrR Form 1, which is attached to these rules.

CRITICALCriminal cases

Applies to

Pretrial diversion recommendation

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

The Commonwealth shall make a written recommendation to the Court in response to each application.

CRITICALCriminal cases

Applies to

Pretrial diversion application

When applying, defense counsel must state and the defendant must agree on the record to waive speedy-trial and final-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 final disposition of the charge against him/her is waived.

CRITICALCriminal cases

Applies to

Pretrial diversion order

If applicable, the diversion order must require full restitution to the victim, including a victim that is an entity.

Require the defendant to pay restitution to the victim (which may be an entity other than a natural person) in full. if applicable.

CRITICALCivil cases

Applies to

Child support order

In IV-D cases, if applicable, counsel must file the Uniform Child Support Order and/or Wage Income Withholding Order AOC 152 and CS-89 pursuant to FCRPP 9(2).

C. It shall be the responsibility of counsel to file (1) a completed child support guideline worksheet pursuant to FCRPP 4(1); and (2) the Uniform Child Support Order and/or Wage Income Withholding Order AOC 152 and CS-89 in IV-D cases (if applicable) pursuant to FCRPP 9(2).

CRITICALCivil cases

Applies to

Child support guideline worksheet

Counsel must file a completed child support guideline worksheet pursuant to FCRPP 4(1).

C. It shall be the responsibility of counsel to file (1) a completed child support guideline worksheet pursuant to FCRPP 4(1);

CRITICAL

Applies to

Mediator report

The mediator must report whether mediation did not occur, remains incomplete, or was completed and whether an agreement was reached; identifying matters that could facilitate settlement is permitted with the parties’ consent.

The mediator shall report to the court that the mediation has not occurred, has not been completed, or that the mediation has been completed with or without an agreement on any or all issues. With the consent of the parties, the mediator also may identify those matters which, if resolved or completed, would facilitate the possibility of a settlement.

CRITICALCriminal cases

Applies to

Diversion contract

The diversion contract must include any special terms required by the Trial Judge.

The Diversion Contract shall further contain any special terms required by the Trial Judge.

CRITICALCivil cases

Applies to

AOC Form 280

When an action is submitted for final adjudication, counsel or unrepresented parties must file AOC Form 280 with the Judge, Circuit Court Clerk, and Administrative Office of the Courts.

6.04 NOTICE OF SUBMISSION: In accordance with SCR 1.050(8), when any action stands submitted for final adjudication, counsel or unrepresented parties shall file an AOC Form 280 with the Judge, Circuit Court Clerk and Administrative Office of the Courts.

CRITICALCivil cases

Applies to

Mediation materials

The parties must provide and exchange the listed financial disclosures, statements, supporting documents, and mediator-requested materials with the mediator at least five working days before mediation.

The parties shall exchange and provide to the mediator, in no less than five (5) working days prior to the mediation conference, the following: 1. Supplement to financial disclosure statement regarding any material change: 2. A short statement including definition of the issue to be addressed by the mediator and a brief narrative statement of any special problems affecting the case (e.g. closely held corporation, medical problems of any family member, etc.) a. Copies of all documents supporting valuation of assets; b. Copies of all documents verifying monthly payments and outstanding balances on all debts; and c. All information and copies of all documents requested by the mediator prior to the mediation conference.

CRITICALCivil cases

Applies to

Case data sheet

Form AOC-FC-3 must be fully completed in all cases.

Case Data Sheet (Form AOC-FC-3) must be fully completed in all cases.

CRITICALCivil cases

Applies to

Mediation report

At the conclusion of mediation, the mediator must report the outcome to the Court without comment.

At the conclusion of mediation, the mediator shall report without comment to the Court the outcome of the mediation, (i.e. a full agreement, partial agreement or mediation terminated).

CRITICAL

A party with a business interest must provide the business’s last filed income tax return and documentation of income earned or received through the business during the last 24 months.

owner, shareholder, partner, etc.), provide a copy of last income tax returned filed by business and documentation o income earned (or portion received) through business during last twenty- four (24) months)

CRITICALCivil cases

Applies to

Motion to submit action

For oral submission in an uncontested matter, the parties must submit a motion to submit the action before the Commissioner immediately after any statutory limitation expires.

If to be submitted orally before the Commissioner in uncontested matters, the parties shall submit a motion to submit the action before the Commissioner immediately upon the expiration of any statutory limitation.

CRITICAL

Applies to

Motion for additional fee

A motion seeking an additional Guardian ad Litem fee must be accompanied by an affidavit supporting its basis.

Unless a Motion for additional fee is filed, accompanied by an affidavit supporting the basis for same, the Clerk of the Court shall pay the deposited fee to the Guardian ad Litem upon the entry of a final judgment of the Court for the matter in which the Guardian ad Litem was appointed or upon other Order of the Court which acknowledges that the Guardian ad Litem has discharged his or her duties in satisfaction of the appointment.

CRITICAL

Applies to

Verified financial disclosure statement

A party making a non-marital real-estate claim must comply with Section VIII(D)(10).

A. REAL ESTATE Are you making a non-marital claim" If yes, you must comply with Section VIII(D)(10)

CRITICAL

Applies to

Report

When recommending diversion, the Commonwealth must submit a written report stating the recommended diversion conditions and the appropriate sentence if the agreement is unsuccessful.

(3) When diversion is recommended, Commonwealth must make a written report to he Court as to the recommended conditions for the pretrial diversion as well as the appropriate sentence to be imposed if the diversion agreemer t is unsuccessful. (KRS 533.252(3)).

CRITICAL

Applies to

Initiating pleading

Each initiating pleading must be filed with a cover sheet signed by the Plaintiff or Plaintiff’s counsel that identifies the parties, action, court, jury demand status, each defendant’s name and address, and the type of process needed.

All initiating pleadings (Complaints, Petitions, etc.), when filed with the Clerk of the Court, shall be accompanied by a cover sheet signed by the Plaintiff or Counsel for the Plaintiff and designating the identities of the parties; the nature of the action; the court having jurisdiction; and, whether or not a trial by jury is requested, as well as a listing to include the name and address of each defendant which designates the type of process needed.

CRITICAL

Applies to

Agreed order

An agreed order substituting or withdrawing counsel must name the new counsel and be signed by all parties.

An Agreed Order which names the "new" counsel and is signed by all parties;

CRITICAL

Applies to

Verified financial disclosure statement

A party making a non-marital vehicle claim must comply with Section VIII(D)(10).

R. VEHICLES (Automobiles, Motorcycles, Boats, Trucks, etc.) Are you making a non-marital clam? _ If yes, you must comply with Section VIII(D)(10))

CRITICAL

Applies to

Assignment of judicial sale bid

A purchaser assigning a judicial-sale bid to a third party must file the assignment with the Circuit Court Clerk.

If the purchaser at a judicial sale desires to assign his/her bid to a third party, then this assignment shall be filed with the Circuit Court Clerk

CRITICALCriminal cases

Applies to

Pretrial diversion order

The diversion order must state the deferred sentence's duration, which cannot exceed the legislatively authorized maximum for the offense.

(1) Establish the duration of the sentence being deferred, which shall be of no greater duration than the maximum duration imposed by the legislature for the offense to which the defendant plead guilty in reliance upon the deferral agreement.

CRITICALCriminal cases

Applies to

Pretrial diversion order

The diversion order must prohibit the defendant from possessing or controlling a firearm or other deadly weapon as defined, including the listed additional weapons.

(7) Require that the defendant not possess or be in control of a firearm or other deadly weapon (as defined by KRS 500.080(4), which may further include black powder arms and/or instruments capable of propelling a projectile by compressed air or kinetic energy (long bow, cross bow or compound bow).

CRITICALCivil cases

Applies to

Hearing motion

A hearing must be set by motion for a specific time and date before the Domestic Relations Commissioner, who provides the time and date if it is not a regular motion day.

Hearing shall be by motion set for a time and date certain before the Domestic Relations Commissioner, which time and date shall be provided by the Commissioner if not on a regularly scheduled motion day of the Court.

CRITICAL

Applies to

Bankruptcy relief proof

If a defendant sought bankruptcy relief, proof of discharge, dismissal, or relief from stay must be filed.

If any defendant has sought relief in bankruptcy, proof of discharge, dismissal or relief from stay is required to be filed.

CRITICAL

Applies to

Child support motion or responsive pleading

Each party in an action involving child support must file a Child Support Worksheet with a child-support motion or responsive pleading.

6.03 If any action wherein child support is in issue, the parties shall each file with their motion for child support or any responsive pleading a Child Support Worksheet in conformity with KRS 403.211, 403.212, and 403.213 in the Form attached to these rules as DrR Form 2.