Mercer County Circuit Court, Kentucky Document Filing Requirements

CRITICAL

Applies to

Motion

Must include

proposed order

Such a motion may be filed to be heard at the convenience of the Court and accompanied by a proposed order.

Such a motion may be filed to be heard at the convenience of the Court and accompanied by a proposed order.

CRITICALCriminal cases

Applies to

Commonwealth recommendation

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

The Commonwealth shall make a written recommendation to the Court in response to each application . KRS 533 .250(2) .

CRITICAL

Applies to

Decree of dissolution of marriage

If the parties waive disclosures, the waiver must be referenced in the Decree of Dissolution of Marriage.

If parties so elect to waive the disclosure requirement, it shall be so referenced in the parties' Decree of Dissolution of Marriage.

CRITICALCriminal cases

Applies to

Pretrial diversion order

Pretrial diversion may not last more than five years unless the petitioner agrees.

Duration of the pretrial diversion shall not exceed five (5) years without agreement of the petitioner .

CRITICAL

Applies to

Dependency neglect abuse petition

A copy of each filed dependency, neglect, or abuse petition must be forwarded to the assigned County Attorney and assistant, and the original must be filed with the Clerk.

A copy of all dependency, neglect and abuse petitions filed shall be forwarded to the County Attorney and his or her assistant assigned to prosecute dependency, neglect and abuse actions and the original shall be filed in the Clerk's Office.

CRITICAL

Applies to

Agreed continuance order

Counsel may circulate an agreed continuance order for the Court's review; it must bear the parties' or counsel's signatures, state the agreed date, and explain how the continuance serves the child's best interests.

Counsel may circulate an agreed order bearing the signature of all parties or their counsel and setting out the agreed upon date for the Court's review. Said order must contain a statement setting forth how the best interests of the child or children is served by the continuance.

CRITICAL

Applies to

DNA 12

At a disposition hearing, CHFS must provide the information required by FCRPP 28 using form DNA 12.

At a disposition hearing, CHFS shall provide the Court with all information as required by FCRPP 28 by completing form DNA 12.

CRITICAL

Applies to

Order

If the opposing party is represented, the attorney preparing the order must submit it to opposing counsel for a 'Have Seen' before filing it with the Court; the Court may not require this if the other party is pro se.

If the opposing party is represented by counsel, the attorney charged with preparing the Order shall then submit it to opposing counsel to sign off on a 'Have Seen' basis before it is submitted to the Court for entry. The Court may not require a 'Have Seen' if the other party is pro se.

CRITICAL

Applies to

Proposed judgment for order of sale

The party requesting an Order of Sale must prepare the proposed judgment in accordance with applicable law and the Local Rules.

12.1 Proposed Judgments for Orders of Sale shall be prepared by the party requesting same and in accordance with the provisions of applicable law and these Local Rules.

CRITICAL

Applies to

Order

If an attorney submits an Order to opposing counsel and that attorney fails to sign off on a 'Have Seen' and submit it to the Court; the drafting attorney may submit same to the Court if it contains a verification by the drafting attorney that the Order was tendered to opposing counsel with no response for a period of no less than seven (7) business days.

If an attorney submits an Order to opposing counsel and that attorney fails to sign off on a 'Have Seen' and submit it to the Court; the drafting attorney may submit same to the Court if it contains a verification by the drafting attorney that the Order was tendered to opposing counsel with no response for a period of no less than seven (7) business days.

CRITICAL

Applies to

Motion

Must include

proposed order

In civil actions, each motion must be submitted with a proposed order.

5.2 In civil actions, proposed orders shall be tendered with each motion.

CRITICAL

Counsel must remain of record through the time to appeal from a final judgment or order unless the Court relieves counsel upon written motion and notice, with a copy of the motion served on the client.

Once having entered appearance, counsel shall remain of record, unless relieved of responsibilities by the Court upon written motion and notice (with copy of said motion served upon the client), until expiration of the time for filing a notice of appeal after the entry of a final judgment or order.

CRITICALCriminal cases

Applies to

Pretrial diversion order

The diversion order must include the applicable restitution, supervision, duration, compliance, testing, and other conditions listed in the order.

The Order of Diversion shall include.- 1. Restitution, if applicable . [Made mandatory by KRS 533.254 where victim has suffered monetary damage] . 2. Whether the diversion shall be supervised or unsupervised (and include supervision fees, if applicable) . 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 . 6. That the petitioner remain drug and alcohol free and be subject to random testing . 7 That the petitioner have no violation of the Penal Code or the Controlled Substances Act . 8. That the petitioner possess no firearm or any other deadly weapon . 9. Such other terms and conditions as the Court shall deem appropriate, including, but not limited to, public service work and touring of a facility .

CRITICAL

Applies to

Petition

Dependency, neglect, abuse, and status offender petitions must substantially comply with requirements for jurisdictional citations and factual allegations, and include parents' or guardians' contact information.

Any dependency, neglect, abuse or status offender petition filed with this Court shall substantially comply with the following conditions: 1. Citation to specific statute(s) and factual allegations relied upon in asserting the Court's jurisdiction; and 2. Contact information of child's parents or guardians.

CRITICAL

Applies to

Cabinet reports

The Court may not proceed with a Final Hearing until the Cabinet files its required reports or has had sufficient time to file and failed to do so.

Pursuant to FCRPP 33(1), the Court may not proceed with a Final Hearing until such time as the Cabinet has filed their required reports) or had sufficient time and failed to file same.

CRITICAL

Applies to

Final custody order or dissolution decree

When parent education is ordered, at least one party must complete the class and file proof before the Court may enter a final custody order or dissolution decree, and noncompletion may result in sanctions.

If parent education is ordered in a case, the Court may not enter a final custody order or decree of dissolution of marriage until at least one of the parties completes the class and proof of completion is filed into the record. Failure to complete the class may result in sanctions which include a party's custodial rights being unenforceable by contempt until such time as the party completes the class and files proof of same into the record.

CRITICAL

Applies to

Eco petition and affidavit

The District Clerk must fax the Petition and Affidavit to CHFS for immediate investigation.

The District Clerk shall then fax the Petition and Affidavit to the Cabinet for Health and Family Services (CHFS) as a referral for immediate investigation.

CRITICAL

Applies to

Withdrawal or abatement of judicial sale

Withdrawal or abatement of a judicial sale after judgment requires a motion and order before the sale.

Withdrawal or abatement of any judicial sale after entry of Judgment and Order thereon shall be made by motion and Order prior to the date and time of the sale.

CRITICAL

Applies to

Judgment for order of sale

Judgments for Orders of Sale must include the prescribed sale, party, cost, tax, sale-date, and purchaser-payment provisions.

12.4 Notwithstanding the provisions of all other applicable law, Judgments for Orders of Sale shall contain the following: A. Requirements for sale in accordance with KRS Chapters 424 and 426, et. seq. B. Styled with the names of all parties. C. A specific designation of all costs, liens, taxes or encumbrances to be paid. D. That the date and time of sale shall be determined by the Master Commissioner. E. That Purchaser shall be required to assume and pay all taxes or assessments upon the property for the current tax year and subsequent years. That at the time of the sale, the successful bidder shall either pay cash or make a deposit of at least 10% of the purchase price with the balance on credit for thirty (30) days. If the purchase price is not paid in full, the successful bidder shall be required to give bond with a sufficient surety approved by the Master Commissioner prior to the sale for the unpaid balance of the purchase price. The bond shall bear interest at the rate the Judgment bears from the date of the sale until

CRITICALCriminal cases

Applies to

Commonwealth recommendation

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

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

Eco petition and affidavit

A CHFS social worker seeking an ECO must provide copies to the Court.

If a social worker employed by CHFS is seeking an ECO, the social worker will provide copies to the Court.

CRITICAL

Applies to

Judgment for order of sale

Judgments for Orders of Sale conducted by the Master Commissioner must be submitted for review with a “Have Seen” signature line at least five days before the hearing.

12.2 Judgments for Orders of Sale to be conducted by the Master Commissioner shall be submitted for his/her review with a "Have Seen" line for his/her signature, not less than five (5) days prior to any hearing before the Court.

CRITICAL

Applies to

Pretrial compliance statement

For a jury trial, the Pretrial Compliance Statement must contain the listed information and materials.

When a jury trial is requested, a Jury Trial Order shall be entered by the Court directing the parties to furnish to the Court and each other at least one week prior to trial a Pretrial Compliance Statement containing the following: 1. A statement of the kind of action and a report on the status of mediation efforts; 2. Stipulations; 3. A statement of disputed issues with citation of authorities; 4. A confirmation that discovery is completed, or if not completed, the probable completion date; 5. A list of expected witnesses and brief summary of their testimony; 6. A separate list of expert witnesses and brief summary of their testimony; 7. A list of marked exhibits; 8. A list of all special damages and supporting documents; and 9. Proposed Jury Instructions.

CRITICAL

Applies to

Order

Only one order may be tendered for the Court's signature.

The Court requires that only one order be tendered for the Court's signature.

CRITICAL

Applies to

Request for sale

Each request for sale requires a new AOC form 141S and a $200 administrative fee paid to the clerk before the Master Commissioner schedules a sale.

As of 1/1/2023, every request for sale requires entry of new AOC form 141S and payment of a $200 judicial sale administrative fee to the clerk before the master commissioner schedules a sale. See AP Part IV, eff. 1/1/23.

CRITICAL

Applies to

Disposition hearing submission

If siblings have been separated, CHFS must explain the reasons for the separation.

Additionally, if siblings have been separated, CHFS shall explain the reasons for said separation.

CRITICAL

Applies to

Guardian ad litem report

The Guardian Ad Litem must file a report before the Court conducts a Final Hearing.

The Court will not conduct a Final Hearing before the Guardian Ad Litem has filed his or her report.

CRITICAL

Applies to

Response to dismissal notice

A case may be dismissed without prejudice if no answer, or an insufficient answer, is made to the dismissal notice.

The court shall enter an order dismissing without prejudice each case in which no answer or an insufficient answer to the notice is made.

CRITICAL

Applies to

Eco petition

During the stated working hours, a person seeking an ECO must go to the District Clerk's Office in the county where the child is found or resides and complete an ECO Petition and affidavit.

During normal working hours, 8:00 A.M. to 4:30 P.M., Monday through Friday, excluding normal holidays, persons seeking an ECO shall come to the District Clerk's Office of the County where the child is found or resides to complete an ECO Petition and ЕСО affidavit.

CRITICAL

Applies to

Objection

A party objecting to a parent education class must file a written objection in the record before the scheduled hearing.

If a party objects to parent education class; he or she shall file a written objection into the record prior to the scheduled hearing.

CRITICALCriminal cases

Applies to

Pretrial diversion order

The diversion agreement must last at least as long as the time required to pay restitution in full.

Duration of the diversion agreement shall not be less than the time required to make restitution in full .

CRITICAL

Applies to

Disclosure statement

Parties in divorce litigation must file disclosure statements unless they waive disclosure through an Agreed Order signed by all parties and counsel or a waiver provision in a Settlement Agreement; absent such writing, disclosures are expected.

FCRPP 2(3) and 3(3) require parties involved in divorce litigation to file disclosure statements. In lieu of filing said disclosures, parties may waive said disclosure requirements. Parties may do so by Agreed Order that is signed by all parties and counsel or by including a provision waiving the disclosures in a Settlement Agreement. If parties so elect to waive the disclosure requirement, it shall be so referenced in the parties' Decree of Dissolution of Marriage. Absent such writing; the Court expects the parties to file any and all disclosures as provided by the FCRPP.

CRITICAL

Applies to

Entry of appearance

Upon being retained, counsel must promptly file a written entry of appearance unless the appearance is apparent from filed pleadings.

4.1 Upon being retained, counsel shall forthwith file a written entry of appearance, unless counsel's entry of appearance is apparent from pleadings filed.

CRITICAL

Applies to

Motion

To inspect or copy records from another confidential proceeding in a termination or adoption case, counsel must file a motion in that proceeding.

If counsel needs access to records of other confidential proceedings as part of a termination or adoption proceeding, counsel must file a motion in that action seeking permission to inspect and copy documents.

WARNING

Applies to

Pleadings and entry of appearance

Counsel must provide an office address, mailing address, telephone number, and email address on pleadings and in the entry of appearance.

4.2 On pleadings and in the entry of appearance, counsel shall set forth counsel's office address, mailing address, telephone number, and e-mail address.

WARNING

Applies to

Notice of motion

The hearing notice must state the date and time set for the motion.

Notice of the hearing shall include the date and time for which the motion is set.

WARNING

Applies to

Decree

In an uncontested divorce, parties may submit a decree for review with a Settlement Agreement and a deposition containing jurisdictional proof, and should file a Motion to Submit to notify the Court that the paperwork is complete and the matter is ready for a decree.

Pursuant to FCRPP 3(1), parties may submit a decree for the Court's review in any uncontested divorce. In addition to a Settlement Agreement and deposition containing the jurisdictional proof necessary to enter a Decree, the parties should file a Motion to Submit to inform the Court that the parties have filed all of their paperwork and are ready for the Court to enter a Decree of Dissolution of Marriage.

WARNING

Applies to

Alternative order or judgment

If an order or judgment is unsatisfactory to opposing counsel, counsel must present that party’s alternative version to the Court.

5.3 If such order or judgment is not satisfactory to opposing counsel, counsel shall immediately make any objections known to the Court and present that party's alternative version of the order or judgment.

WARNING

Applies to

Disclosure waiver

Parties may waive disclosure requirements through an Agreed Order signed by all parties and counsel or through a waiver provision in a Settlement Agreement.

Parties may do so by Agreed Order that is signed by all parties and counsel or by including a provision waiving the disclosures in a Settlement Agreement.

WARNING

Applies to

Pretrial memorandum

A pretrial memorandum should include the listed factual and legal information, requested relief, witness and exhibit information, and mediation status if applicable.

A pretrial memorandum should include: a summary of the general facts; statement of any stipulated facts; a listing of all issues of fact and law for adjudication; a concise statement of each general issue in dispute; argument with ample supportive citations of authority pertinent to each issue of fact and law; conclusion setting forth the specific relief sought from the Court; an undated witness list, trial exhibits, etc, and a statement of the status of mediation (if applicable).

WARNING

Applies to

Order or judgment

At the Court’s request, counsel in whose favor an order or judgment is rendered must prepare it.

5.1 All orders and judgements of the Court shall, at the request of the Court, be prepared by counsel in whose favor the order or judgment is rendered.

WARNING

Applies to

Agreed order

Parties or counsel may be required to submit an Agreed Order stating their agreement to mediate and the mediation's time and place.

Parties or their counsel may then be required to tender an Agreed Order stating that the parties agree to mediate and the time and place at which the mediation shall occur.

WARNING

Applies to

Petition

Additionally, any petition filed that references a Prevention Plan should have a copy of said Plan attached.

Additionally, any petition filed that references a Prevention Plan should have a copy of said Plan attached.

WARNING

Applies to

Motion to submit

Parties should file a Motion to Submit to inform the Court that all paperwork is filed and the case is ready for a Decree of Dissolution of Marriage.

In addition to a Settlement Agreement and deposition containing the jurisdictional proof necessary to enter a Decree, the parties should file a Motion to Submit to inform the Court that the parties have filed all of their paperwork and are ready for the Court to enter a Decree of Dissolution of Marriage.

WARNING

Applies to

Entry of appearance

An appearance is general unless counsel specifies otherwise on the record; an appearance for a limited purpose must specify the limited nature of the representation.

Unless counsel specifies otherwise on the record, an entry of appearance is considered to be a general appearance for all purposes. An entry of appearance for a limited purpose shall specify the limited nature of counsel's representation of the client.

INFO

Applies to

Order

After a hearing, the Court may direct a party's counsel to prepare an order reflecting the Court's rulings.

At the conclusion of a hearing, the Court may Order that counsel for a party prepare the Order that reflects the Court's rulings.

INFO

For good cause, the Court may allow an oral motion to withdraw if the litigant’s interests will not be adversely affected.

For good cause shown, the Court may permit oral motions to withdraw so long as the interests of the litigant are not adversely affected.

INFO

Applies to

Status quo order

In a dissolution case, the Court may use standard Status Quo Order form AOC Form 237 if it finds entry of a Status Quo Order appropriate.

The Court may use the standard Status Quo Order form (AOC Form 237) if the Court finds it appropriate to enter a Status Quo Order in a dissolution case.

INFO

Applies to

Notice of filing

Instead of appearing, a party or counsel may file a Notice of Filing stating a desire to keep the case on the active docket.

In lieu of appearance, a party or counsel may file a Notice of Filing indicating that said party or counsel desires to keep the matter on the Court's active docket.

INFO

Applies to

Agreed order

When parties resolve a contested issue, they may submit an agreed order before the hearing for the Court's review and approval.

If parties resolve a contested issue, they may submit an Agreed Order to the Court prior to their Hearing for the Court's review and approval.