Meade Circuit Court Document Filing Requirements

CRITICAL

Applies to

Verification

The verification declares under penalty of perjury that the disclosure and attachments are accurate and acknowledges that the instructions were read and followed to the party’s best ability.

L, › declare inder penalty of perjury that the information contained herein, including the information provided on any schedules and attachments, is true and accurate to the best of my knowledge, information and belief. Further, I acknowledge that I have read the attached instruction sheet and have followed the instructions to the best of my ability.

CRITICALCivil cases

Applies to

Commissioner report or recommendation

Commissioner reports and recommendations in contested matters must contain findings of fact and conclusions of law.

All reports and recommendations of the Commissioner in contested matters shall contain findings of fact and conclusions of law.

CRITICAL

Applies to

Agreed order

The parties may modify the rule's schedules by agreement only through an agreed order signed by the presiding judge.

7.10 No modification of the schedules set forth in this rule shall be made by agreement of the parties except as provided by agreed order signed by the presiding judge.

CRITICALCivil cases

Applies to

Agreement or agreed order

Agreements and agreed orders must include the correct mailing address for every attorney and party.

All Agreements and Agreed Orders shall contain the correct mailing address for all attorneys and parties.

CRITICAL

Applies to

Cover sheet

The cover sheet directs the filer to select one cause of action.

CAUSE OF ACTION (CHECK ONE):

CRITICALCriminal cases

Applies to

Pretrial diversion order

The diversion order must require the defendant to commit no other offense.

(6) Require that the defendant commit no other offense.

CRITICALCivil cases

Applies to

Pleading

A pleading for a matter to be heard on the Domestic Relations Commissioner’s docket must include the stated notice in its Notice section.

Matters to be heard on the docket of the Domestic Relations Commissioner shall state same in the Notice section of the pleading as follows: Take Notice that the undersigned will appear before the Domestic Relations Commissioner of the Court on WEEKDAY, the day of MONTH, YEAR at the hour of local prevailing time, or as soon thereafter as may be heard

CRITICALCriminal cases

Applies to

Diversion report

Before diversion is approved, the diversion report must be made available to the County Attorney, Trial Judge, and Defendant.

Prior to approval for participation in the Diversion Program, the diversion report shall be made available to the County Attorney, the Trial Judge, and the Defendant.

CRITICAL

Applies to

Agreed order

When a civil action set for trial settles, the parties must immediately notify the Clerk and presiding Judge through an agreed order remanding the matter and stating the settlement terms.

7.08 - Upon the settlement of any civil action which is set for trial, the parties shall immediately notify the Clerk of the Court and the presiding Judge by means of an agreed order remanding the matter from the trial docket and setting forth, with as much particularity as the parties determine is necessary and appropriate, the terms and conditions of settlement.

CRITICAL

Applies to

Motion for judicial sale

A motion seeking judicial sale must include an attorney’s affidavit documenting the required title search and a title opinion meeting the stated requirements; the title opinion must be kept under seal with access limited as stated.

Every motion filed seeking judicial sale of property must include the following documents: An affidavit of the attorney for the party seeking a judgment and judicial sale of property that he/she has searched, or caused to be searched, the records of the applicable County Clerk, covering a period of at least thirty (30) years next proceeding the date of filing of the complaint continuing through the date and time recording of the Lis Pendens. In addition, Opinion relating to the applicable property and the named parties as their interests appear of record shall be attached. Said Title Opinion shall be required to be run to the date and time of the filing of the Lis Pendens in the County Clerk's office. Said Title Opinion shall note all delinquent property taxes and assigned certificates of delinquency. Said Title Opinion shall be kept under seal by the Clerk subject only to inspection by the Court, the Master Commissioner, the parties to the action or their counsel, or upon order of the Court; AND,

CRITICAL

Applies to

Cover sheet

The cover sheet directs the filer to select whether a jury trial is requested.

JURY TRIAL REQUESTED (CHECK ONE):

CRITICAL

Applies to

Report of sale

The Commissioner must file the report of sale with the Clerk of the Court.

The Commissioner shall file his/her report of sale with the Clerk of the Court,

CRITICAL

Applies to

Mediation agreement

A mediation agreement must be written and signed by the parties, who are responsible for drafting it; the mediator may assist with their consent.

If an agreement is reached during the mediation conference, it shall be reduced to writing and signed by the parties. The parties shall be responsible for the drafting of the agreement, although the mediator may assist in the drafting of the agreement with the consent of the parties.

CRITICALCriminal cases

Applies to

Speedy trial waiver statement

Upon approval to participate in the Diversion Program, the accused must sign a speedy-trial waiver statement.

Upon approval for participation in the Diversion Program, the accused must sign a statement waiving his/her right to a speedy trial.

CRITICALCivil cases

Applies to

AOC Form 280

The parties must file AOC Form 280, individually or jointly, to notify the Commissioner that the matter is ready for submission.

The parties shall be responsible to file individually or jointly AOC Form 280 to notify the Commissioner the matter is ready to be taken under submission.

CRITICAL

Applies to

Motion

Must include

proposed order

Except for motions heard before the Domestic Relations Commissioner, each motion requesting judicial relief must include a proposed order detailing the relief sought and the tendering attorney’s specified identifying and representation information and signature.

Excluding motions to be heard before the Domestic Relations Commissioner, each Motion requesting judicial relief shall be accompanied by a proposed Order setting forth the particulars of the relief sought and including the name, address, telephone number, statement of representation and signature of the attorney by whom said Order is tendered.

CRITICAL

Applies to

Proposed judgment and order of sale

The proposed judgment and order of sale must state how the Court acquired jurisdiction over the parties, using the specified service-and-date wording.

A statement of the manner in which the Court has acquired jurisdiction over the parties to the action; to wit,iThe Defendant, , is before the Court by means of (TYPE OF SERVICE) which was accomplished on (DATE).

CRITICAL

Applies to

Jury instructions

The parties must tender proposed jury instructions to the Court at the final pretrial conference.

At the final pre-trial conference, the parties will tender to the Court proposed jury instructions.

CRITICALCivil cases

Applies to

Appearance waiver or agreement

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

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

CRITICAL

Applies to

Motion

Must include

certificate of service

A certificate confirming service of the tendered judgment and order of sale on the Master Commissioner must be provided when the motion is filed.

A certificate that a copy of the tendered judgment and order of sale was served on the Master Commissioner at the time the motion is filed.

CRITICALCivil cases

Applies to

Notice and motion

When a matter is remanded to the DRC for additional hearings or recommendations, counsel must file a notice and motion to notify the DRC and schedule the hearings, or comply with the Judge's order.

D. In the event a matter is remanded to the DRC by the Judge of the Court upon objections/exceptions for additional hearing(s) or recommendations, it shall be the responsibility of counsel to file a notice and motion to notify the DRC and to schedule any additional hearing(s) or to comply with the Order of the Judge of the Court.

CRITICAL

Applies to

Recommendation

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

(C) The Commonwealth shall make a written recommendation to the Court in response to each application. (KRS 533.250(2)).

CRITICAL

Applies to

Debt schedule

For each debt, a party must provide the latest statement or other documentation of the unpaid balance, or explain why documentation is unavailable.

1. For each debt, provide the last statement or documentation of unpaid balance, or explain why documentation is not available

CRITICALCriminal cases

Applies to

Diversion report

The Pretrial Service Office must prepare a diversion report containing basic pretrial information and a record of past offenses.

A diversion report shall be prepared by the Pretrial Service Office of the Court and such report shall contain basic pretrial information, record of any past offenses and

CRITICALCriminal cases

Applies to

Pretrial diversion order

The diversion order must require the defendant to obey all rules and regulations imposed by the Division of Probation and Parole.

(5) Require the defendant to obey all rules and regulations imposed by the Division of Probation and Parole

CRITICALCriminal cases

Applies to

Diversion contract

The diversion contract must specify its conditions, referral services, duration, and any required restitution or community service.

Upon agreement of the County Attorney and the Defendant regarding participation in the Diversion Program, the accused shall meet with the pretrial officer to establish and agree to a formal contract, which shall specify the conditions required, the referral services to be used, the length of the contract, and the need, it any, for the accused to make required restitution or perform community service.

CRITICAL

Applies to

Default judgment motion

and an affidavit of the Attorney stating that the Defendant(s) in default have failed to plead or otherwise defended as provided by the applicable rules of procedure; and, that no papers have been served on counsel by the party in default or received by counsel from the party in default.

and an affidavit of the Attorney stating that the Defendant(s) in default have failed to plead or otherwise defended as provided by the applicable rules of procedure; and, that no papers have been served on counsel by the party in default or received by counsel from the party in default.

CRITICAL

Applies to

Motion for additional fee

A motion seeking an additional Warning Order or Military Warning Order Attorney fee must be accompanied by an affidavit supporting its basis.

Unless a Motion for additional fee is filed accompanied by affidavit supporting the basis for same, the Clerk of the Court shall pay the deposited fee to the Warning Order/Military Warning Order Attorney upon the entry of an Order by the presiding judge which acknowledges the filing of the report of same in satisfaction of the appointment in conformance with the applicable statutes and rules.

CRITICALCivil cases

Applies to

Pleading motion or other filing

Must include

case number

Every pleading, motion, and other paper filed in the record must contain the case number and the signing attorney's or party's typed or printed name, address, telephone number, and email address.

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

CRITICAL

Applies to

Required attachments form

The required documents and requested information must be attached to the form, with requested information provided on a separate attached sheet when applicable.

To complete this section, you must attach all of the following documents and/or provide the requested information on a separate sheet and attach to this form.

CRITICAL

Applies to

Order to remand

After the defendant accepts a plea offer resolving a criminal matter set for trial, the Commonwealth must tender an order remanding the matter from the trial docket.

Upon acceptance by the Defendant of a plea offer resolving any criminal matter set for trial, the Commonwealth shall tender an Order to Remand the matter from the trial docket.

CRITICALCriminal cases

Applies to

Pretrial diversion recommendation

The Court may not grant pretrial diversion without a favorable recommendation from the Commonwealth's Attorney.

Notwithstanding, pre-trial diversion shall not be granted by the court in absence of a favorable recommendation by the Commonwealth's Attorney

CRITICAL

Applies to

Court order

A Court Order referring a matter to the Master Commissioner must specify the purpose of the reference and the Master Commissioner’s duties.

If by Court Order, the order shall specifically indicate the purpose of the reference and the duties to be performed by the Master Commissioner.

CRITICALCivil cases

Applies to

Confidential video record request motion

A person requesting an order for copies of confidential video records must file a written motion stating the request's purpose and give notice to all parties, including the child's Guardian Ad Litem, if any.

An individual requesting a judicial order must file a written motion, with notice to all parties, including the child's Guardian Ad Litem, if any, and set forth the purpose of the request.

CRITICALCivil cases

Applies to

Respondent waiver

B. A Waiver executed by the Respondent acknowledging: (a). that he/she has received the Petitioner's Final Verified Financial Disclosure, (b) that it is a true and accurate statement of the parties' assets and liabilities, (c) that the Respondent has not been advised by the Petitioner's attorney, and (d) that the Respondent had an opportunity to seek individual counsel, and has either sought separate counsel or has declined to do so.

B. A Waiver executed by the Respondent acknowledging: (a). that he/she has received the Petitioner's Final Verified Financial Disclosure, (b) that it is a true and accurate statement of the parties' assets and liabilities, (c) that the Respondent has not been advised by the Petitioner's attorney, and (d) that the Respondent had an opportunity to seek individual counsel, and has either sought separate counsel or has declined to do so.

CRITICAL

Applies to

Report and recommendation

Reports and recommendations in contested matters must include findings of fact and conclusions of law.

All reports and recommendations in contested matters shall contain findings of fact and conclusions of law.

CRITICAL

Applies to

Tendered order

Every tendered order must include a distribution list naming the party or counsel and all other recipients to whom the Clerk must distribute copies.

Any tendered Order shall include a distribution list setting forth the name of the party and/or counsel for the party and all other persons or entities to whom copies must be distributed by the Clerk.

CRITICAL

Applies to

Expert witness list

An expert-witness list must state the expert's contact information, expected opinion, supporting facts, and qualifications.

The list shall include the name, address and telephone number of the expert, as well as a succinct summary of opinion which he/she is expected to give, and 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.

CRITICALCriminal cases

Applies to

Pretrial diversion report

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

When diversion is recommended. Commonwealth must make a written report to the Court as to the recommended conditions for the pretrial diversion as well as the appropriate sentence to be imposed if the diversion agreement is unsuccessful

CRITICAL

A party must list other assets in which they have an interest and document the value, acquisition date, and source of any non-marital interest.

9. Provide a list describing any other assets you have an interest in, including any documentation as to the value of the non-marital interest, date asset was acquircd, and source of non-marital interest (trace and document non-martial funds used to acquire each asset)

CRITICAL

Applies to

Pleading

A pleading for a matter on the Domestic Relations Commissioner’s docket must include the specified appearance language in its Notice section.

Matters to be heard on the docket of the Domestic Relations Commissioner shall state same in the Notice section of the pleading as follows: "Take Notice that the undersigned will appear before the Domestic Relations Commissioner of the Court on WEEKDAY, the day of MONTH, YEAR at the hour of a.m./p.m. local prevailing time, or as soon thereafter as may be heard to make the following Motion."

CRITICALCivil cases

Applies to

Written explanation for judicial order

A person seeking an order for a video of an in-chamber child interview must give the presiding Judge a written explanation identifying the requested portion and the specific purpose.

An individual requesting a judicial order must provide the presiding Judge a written explanation for the request which specifically indicates the portion of the video record being requested is an in-chamber interview with a child and specific purpose for the request.

CRITICAL

Applies to

Verified financial disclosure statement

The financial disclosure statement must list each asset's type, amount owed, and equity.

V. SUMMARY OF ASSETS AND DEBTS (for each asset, list type of asset, amount owed and equity)

CRITICAL

Applies to

Pretrial diversion order

A diversion order must state the deferred-sentence and diversion durations, applicable restitution, terms and conditions, and required supervision, conduct, and weapon restrictions.

(B) The Order of Divesion shall: (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 rehance upon the deferral agreement. (2) State the duration of the diversion, which shall not exceed the greater of five years or the time necessary to complete restitution. (3) Require the defendant to pay restitution to the victim (which may be an entity other: than a natural person) in full, if applicable. (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, in its discretion, but not to exceed the maximum amount permitted by law. (5) Require he defendant to obey all rules and regulations imposed by the Division of Probation and Parole. (б) Require that the defendant commit no other offense. (7) Require hat 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 compoun:/ bow).

CRITICALCivil cases

Applies to

Uncontested dissolution filing

In an uncontested dissolution or one resolved by agreement, the parties must file either the required Final Verified Financial Disclosure or an affidavit stating that circumstances have not changed since completion of the AOC-238, if filed.

A. A Final Verified Financial Disclosure required by FCRPP3(3)(b) or an Affidavit that there no changes in circumstances since the completion of the AOC-238, Preliminary Verified Disclosure Statement, if filed.

CRITICAL

Applies to

Motion for judicial sale

A copy of the Lis Pendens filed in the Office of the applicable County Court Clerk with the Clerk's stamp showing the date and

A copy of the Lis Pendens filed in the Office of the applicable County Court Clerk with the Clerk's stamp showing the date and

CRITICAL

Applies to

Witness and exhibit list

The offering party must include a brief summary of a witness's expected testimony or the fact an exhibit is intended to support.

The offering party shall include a brief summary of the facts to which the witness will testify and/or a summary of the fact which the exhibit is intended to support.

CRITICALCriminal cases

Applies to

Motion

After successful completion of the diversion agreement, a motion is required for the plea to be vacated and expunged.

then upon motion.

WARNING

Applies to

General call notice

Notice of a General Call must be given at least 30 days beforehand by posting it conspicuously in the Clerk’s Office and making a copy available to each case’s attorneys of record.

Notice of all such "General Calls" of the docket shall be given at least thirty (30) days prior to the general call by posting a notice thereof in a conspicuous place in the Clerk's Office and by making available to all attorneys of record in each case to be called a copy of such notice.

WARNINGCivil cases

Applies to

Filing

A rubber stamp does not qualify as a signature under this Rule or CR 11.

A rubber stamp shall not be deemed a signature either under this Rule or CR 11.