Menifee County Circuit Court, Kentucky Document Filing Requirements

CRITICALCriminal cases

Applies to

Diversion contract

Upon referral, the defendant must meet with a pretrial officer to establish a contract specifying its conditions and services, and the contract begins upon trial-judge approval.

Upon referral to the Program, the defendant shall meet with a pretrial officer to referral services to be used, the length of the contract, and if required, the need for the defendant to make restitution, enter/complete a treatment program, or perform community services. The contract shall commence upon approval by the trial judge.

CRITICAL

Applies to

Foreclosure complaint

A foreclosure complaint must show the plaintiff's status as note and mortgage holder and include the specified note, mortgage, affidavit, assignment, or successor-in-interest documentation applicable to the plaintiff.

Pursuant to CR 8.01 (1) and CR 17.01, Plaintiffs filing foreclosure complaints filed. The complaint at the time of the filing must be accompanied by all of the following: A copy of the promissory note with all endorsements; A copy of the recorded mortgage; An affidavit of the Plaintiff, its representative, its attorney or its servicer documenting that the named Plaintiff is the original note holder and mortgagee; or is an assignee, trustee or successor-in-interest of the original note holder and mortgagee; and identify the specific capacity in which Plaintiff is pursuing the action; note holder and mortgagee, evidencing the complete chain of assignments. The assignment A copy of all assignments of the note and mortgage, if Plaintiff is not the original of the note and mortgage to the named Plaintiff must be executed prior to the filing of the foreclosure complaint; Documentation establishing Plaintiff as a successor-in-interest if Plaintiff is a successor-in-interest;

CRITICAL

Applies to

Civil child support transfer motion

No civil child support case shall be transferred to another county within this circuit without a motion from one of the parties, with notice, and an affidavit as to why a hardship would be created if the case is not transferred. A motion made by a county attorney, without an affidavit of hardship, will not be sufficient.

No civil child support case shall be transferred to another county within this circuit without a motion from one of the parties, with notice, and an affidavit as to why a hardship would be created if the case is not transferred. A motion made by a county attorney, without an affidavit of hardship, will not be sufficient.

CRITICAL

Applies to

Motion to dismiss or summary judgment

Must include

proposed order

Motions to dismiss and summary judgment motions must not be set for Motion Day and must be filed with a memorandum of authorities and proposed order.

MOTIONS TO DISMISS AND SUMMARY JUDGMENTS Motion Day, but shall be filed along with a memorandum of authorities relied upon, and a Motions to dismiss and motions for summary judgment shall not be set for proposed order.

CRITICAL

Applies to

Pleadings and papers requiring attorney signature

Attorney-signed pleadings and papers must give the attorney’s typed name and complete contact information on the last page, including an email address if appropriate.

All pleadings and papers requiring the signature of an attorney shall set forth, on the last page thereof, the typed name and complete address of the attorney, including telephone number, facsimile number and e-mail address if appropriate.

CRITICALCriminal cases

Applies to

Written recommendations

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

3 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)

CRITICAL

Applies to

Status quo order motion

A motion requesting entry of a Status Quo Order must state that the Respondent has ten days to object.

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

CRITICAL

Applies to

Default judgment motion

When Kentucky Rule of Civil Procedure 55.01 applies, a party seeking default judgment must first file a written motion.

A party seeking a judgment by default, where Rule 55.01 of the Kentucky Rules of Civil Procedure applies, shall first file a written motion for such a judgment and have

CRITICAL

Applies to

Response

Must include

proposed order

A response to a motion to dismiss or summary judgment motion must be submitted with a proposed order.

A proposed order shall be tendered with the response.

CRITICAL

Applies to

Motion

Must include

proposed order

Counsel must tender a proposed order with each motion when appearing on motion day.

Counsel shall tender a proposed order with each motion when they appear on motion day.

CRITICAL

Applies to

Transfer order

A transfer order must be signed by both the transferring and accepting judges and filed in the case record.

To transfer a case, the transferring judge shall sign a transfer order and send said order to the other judge. The judge accepting the transfer shall also sign the same transter order acknowledging acceptance of the case and the order shall be filed of record in the case being transferred.

CRITICAL

Applies to

Notice of service

A notice of service under CR 33, 34, and 36 must be filed in the record.

A one-page notice of service under CR 33, 34 and 36, shall be filed in the record to prevent the case from being placed on the show cause docket or dismissed for lack of prosecution.

CRITICAL

Applies to

Case assignment receipt

A copy of the division-assignment receipt must be filed in the case file.

A copy of the receipt assigning each case to a division shall be filed in the case file.

CRITICALCivil cases

Applies to

Petition

An approved petition must be initialed for filing by the County Attorney, Assistant County Attorney, or District Judge, as appropriate.

If the petition is approved, the County Attorney or Assistant County Attorney or District Judge, as appropriate, shall initial the petition for filing.

CRITICALCriminal cases

Applies to

Official records

Successful completion requires dismissal of the covered charge, notation of “dismissed with prejudice” on all official records, and retention of the administrative record under the Kentucky Court of Justice Records Retention Schedule.

Upon successful completion of the diversion contract, the charge subject to the contract shall be dismissed, and all official records shall bear the notation "dismissed with prejudice". The administrative record shall retained for conformity with the Kentucky Court of Justice Records Retention Schedule.

CRITICALCriminal cases

Applies to

Order of pretrial diversion

The diversion order must address restitution if applicable, supervision and any fees, duration, compliance with Probation and Parole rules, and the specified conduct conditions.

The Order of Diversion shall include: 1. Restitution, if applicable . Whether the diversion shall be supervised or unsupervised (and include supervision fees, if app''.',-,able) . 3. Duration of the diversion. 4. 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 of the pretrial diversion. Specifically, direct the defendant to comply with any other provision of KRS 533 .030 or any other condition the Court deems appropriate .

CRITICALCriminal cases

When applying for diversion, counsel must state on the record, and the defendant must agree on the record, that granting diversion waives any right to a speedy trial or disposition of the charge.

In applying for pretrial diversic . ::, 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

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

Pleading

Pleadings in domestic-relations cases must provide the personal identifying information required by the specified Kentucky statutes.

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

Motion to withdraw

An attorney seeking to withdraw must file a motion to withdraw under FCRPP 26.

If any attorney wishes to withdraw, notice must be served upon the client and parties pursuant to the Rules of Civil Procedure and a motion to withdraw must be filed pursuant to FCRPP 26.

CRITICAL

Applies to

Show cause motion

A motion seeking a show cause order must be supported by a sufficient affidavit showing that the applicant is entitled to the order.

A motion supported by a sufficient affidavit showing that applicant is entitled to the Order must be filed.

CRITICAL

Applies to

Foreclosure judgment

A judgment in a foreclosure involving a mobile home with wheels and axles still attached and a recorded lien must include the mobile home's VIN.

In foreclosure actions involving mobile homes which have not had their wheels and axels removed, and in which the foreclosing party has a recorded lien, the judgment submitted to the Court SHALL include the Vehicle Identification Number (VIN) of said mobile home.

CRITICAL

Applies to

Compensation or fee motion

Compensation or fee motions for Warning Order Attorneys and Guardians ad Litem must include an affidavit addressing the appointment basis, services and requested fee, and conclusion of the proceeding.

Motions for compensation/fees for Warning Order Attorneys and Guardians ad 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

Petition

The reviewing judge must identify in the petition’s “Court Action” section which type of protective-order action is being brought.

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.

CRITICALCriminal cases

Applies to

Court order

When a participant fails to comply with the contract, the pretrial officer must refer the matter to the trial judge, who must enter an order reflecting the decision to terminate or modify the contract.

If the program participant fails to comply with the condition of the contract, the pretnal officer shall refer the participant to the trial judge for a determination of either termination or modification. The trial judge shall enter an order reflecting said determination.

CRITICAL

Applies to

Petition

The reviewing judge must identify in the petition’s Court Action section whether the case is a domestic violence action or an Interpersonal Protective Order action.

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 456.

CRITICAL

Applies to

Motion

Must include

certificate of service

A motion's certificate of service must include the defendant and judge.

Motions must be filed one week before motion day and include defendant and judge on certificate of service.

CRITICAL

Applies to

Motion

Must include

certificate of service

A copy of all motions shall be served upon the appropriate Circuit Judge at his/her office and such service shall also appear in the certificate of service.

A copy of all motions shall be served upon the appropriate Circuit Judge at his/her office and such service shall also appear in the certificate of service.

CRITICALCriminal cases

Applies to

Speedy trial waiver statement

An approved participant must sign a speedy-trial waiver statement and must have the opportunity to consult an attorney beforehand if desired.

Upon approval for participation in the Program, the defendant shall sign a statement waiving his or her right to a speedy trial. Prior to signing such statement the defendant shall be given the opportunity to consult with an attorney if he or she so desires.

CRITICALCriminal cases

Applies to

Pretrial report

After the diversion contract is completed, the pretrial officer must submit the contract and a report for trial-judge approval; the report must include the listed background and eligibility information.

Following completion of the diversions contract, the pretrial officer shall submit a pretrial report and the contract for approval to trial judge. The report shall contain basic pretrial information, record of any past offenses and conviction, record of any prior participation in the diversion program or similar program, employment status, length of residence in the area, and any other information necessary to determine eligibility and appropriateness of approval to participate in the program.

CRITICAL

Applies to

Show cause motion

Must include

proposed order

A show cause motion must include a proposed order directing the alleged offending party to appear at the next available motion docket in the county where the action is pending.

A proposed show cause order shall be attached to the show cause motion, and said order shall order the alleged offending party to appear and show cause, if he/she has or can, on the next available motion docket in the county in which the action is pending.

CRITICAL

Applies to

Deposition

Original depositions must be filed in the Court record pursuant to CR 30.06.

Originals of depositions shall be filed in the Court record pursuant to CR 30.06.

CRITICALCivil cases

Applies to

Dispositional report

CHFS must provide the Court and attorneys of record the information required by FCRPP 28 and file and provide any dispositional report using form DNA-12.

At the Dispositional Hearing, CHFS shall provide the Court and all Attorneys of record with the information required pursuant to FCRPP 28, and any dispositional report shall be filed and provided to the court and all attorneys of record at least three (3) days prior to a disposition hearing, by completing form DNA-12.

CRITICALCivil cases

Applies to

Petition

Each petition must include the factual allegations supporting jurisdiction and full information about the child's parents and their addresses.

Any petition filed with this Court shall be filed on the appropriate AOC forms and shall include the factual allegations relied upon in asserting the Court's jurisdiction, as well as full information concerning the child's parents and their address(es).

CRITICAL

Applies to

Trial readiness report

On or before the report date, attorneys must advise the Court in writing whether they are ready for trial and the probable trial length.

On or before the report date, the attorneys shall advise the Court in writing whether they are ready for trial, and the probable length of trial.

WARNING

Applies to

Motion

Where appropriate, motions must state their specific grounds and the legal authority supporting them.

Where appropriate, all motions shall include a statement setting forth the specific grounds of the motion and the legal authority upon which counsel relies

WARNING

Applies to

Motion

When necessary to prove relevant points, the relevant discovery answers must be attached to the motion as an exhibit.

If necessary to prove relevant points when filing a motion, the relevant answers to interrogatories or requests shall be attached, as an exhibit, to the motion.

WARNING

Applies to

Discovery materials

Interrogatories, production or inspection requests, admission requests, and their answers must not be filed with the Court.

Interrogatories propounded under CR 33 and answers thereto, requests for productions or inspection under CR 34 and answers thereto, and requests for admissions under CR 36 and answers thereto shall not be filed with the Court.

WARNINGCriminal cases

Applies to

Contract termination statement

A participant may terminate the contract at any time by submitting a written statement to the pretrial officer or trial judge.

A program Participant may terminate the contract at any time by submitting a written statement to the pretrial officer or the trial judge.

WARNING

Applies to

Judgment or order

The text requires a scrivener’s typed name and signature and the words “Prepared By” on judgments or orders presented for signature, although the passage is truncated.

scrivener's typed name and signature and shall indicate "Prepared By". All judgments and orders presented to the Court for signature shall contain the

WARNING

Applies to

Uncontested divorce submission

Uncontested divorces may be submitted with the documentation required by FCRPP 3(1), unless the Court waives it, without notice for a date certain.

Uncontested divorces may be submitted to the Court, with appropriate documentation as required by FCRPP 3(1) unless otherwise waived by the Court, without being noticed for a date certain.

INFOCriminal cases

Applies to

Order of pretrial diversion

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

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

INFO

Applies to

Discovery request

Further discovery may be requested in writing as necessary.

Further discovery may be requested, in writing, as necessary.