Metcalfe County Circuit Court, Kentucky Document Filing Requirements

CRITICAL

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 judgments of the Court shall, at the request of the Court, be prepared by counsel in whose favor the order or judgment is rendered.

CRITICAL

Applies to

Motion

Must include

proposed order

Each motion in a civil action must be submitted with a proposed order.

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

CRITICAL

Applies to

Summons

When 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

Custody and visitation order

All parties in paternity actions must procure entry of a custody and visitation order.

All parties in paternity actions shall procure entry of a custody and visitation order. See the Parenting Time/Visitation Schedule located in Appendix C. in accordance with the provisions of FC 43 Rule 707 not later than ninety (90) days after the occurrence of the latter of the following events: (a) entry of the paternity judgment; or (b) release of either or both parties who were incarcerated at the time of entry of the paternity judgment.

CRITICAL

Applies to

Petition for dissolution

A Form AOC-FC-3 Case Data Information sheet must be filed with a petition for dissolution of marriage.

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

CRITICAL

Applies to

Parent education order

When the parties have minor children, the petitioner must tender an order requiring attendance at parent education classes within 20 days after the response is filed.

Where the parties have minor children, the petitioner shall, within 20 days after the response has been filed, tender an Order to the Court requiring the parties to attend parent education classes.

CRITICAL

Applies to

Order setting settlement conference

After each informal settlement conference, counsel must tender the appropriate Order Setting Settlement Conference for entry.

Parties may schedule informal Settlement Conferences by telephone conference call to the Family Court staff at (270) 651-9923, following each of which counsel shall tender for entry the appropriate Order Setting Settlement Conference.

CRITICAL

Applies to

Parent education order

The parent education order must state that the parties have 10 days from entry to file an objection requesting a hearing.

The Order shall state that the parties have 10 days from entry of the Order to file an objection requesting a hearing.

CRITICAL

Applies to

Preliminary verified disclosure statement

In marital dissolution actions, all parties must file and serve Form AOC-238 no later than ten days before the pre-trial conference, unless they exchanged the statements earlier under FCRPP 2(3).

In marital dissolution actions an Order Setting Pre-Trial Conference shall include a requirement that all parties shall file and serve no later than ten (10) days before the pre-trial conference Form AOC-238 "Preliminary Verified Disclosure Statement" (unless the parties have exchanged such statements earlier in accordance with FCRPP 2 [3]).

CRITICAL

Applies to

Status quo order

For qualifying marital dissolution actions, the petitioner must tender a completed Form AOC-237 for entry, with the specified Addendum reference and attached language restricting additional debt subject to stated exceptions.

So as to give effect to FCRPP 2(5), with respect to all marital dissolution actions tender to the court for entry a properly completed Form AOC-237, "Status Quo Order," on commenced on or after January 1, 2011, at the initial court appearance the petitioner shall Addendum;" and the text of such attached Addendum shall provide as follows: which the following language shall appear after the phrase "Other Orders:" "See attached ADDENDUM Neither party shall incur additional debt in his or her own name or the name of his or her spouse without first receiving the permission of the court or filing with the court an agreed order signed by both parties and their attorneys (if any) except that either spouse may incur debt associated with the reasonable cost of living. The law does not define what is "reasonable" or in the "ordinary" course of business, and the court will not prejudge these matters; however; when incurring debt for ordinary living necessities, the parties should keep in mind that they are in a dissolution proceeding and, therefore, what was a reasonable expense or debt during the marriage may not be reasonable under these circumstances. The parties are encouraged to consult with their attorneys (if any) before incurring any debt which they think may violate the order.

CRITICALCriminal cases

Applies to

Pretrial diversion petition

In petitioning for pretrial diversion, counsel for the defendant must state, and the defendant must agree on the record, that in

In petitioning for pretrial diversion, counsel for the defendant must state, and the defendant must agree on the record, that in

CRITICAL

Applies to

Motion

A motion, other than a motion to schedule an event, must cite supporting authority such as a controlling statute, published decision, or procedural rule.

Each motion (except a motion to schedule an event) shall include citation of authority (e.g., the controlling statute or published decision or rule of procedure).

CRITICAL

Applies to

Certificate of completion

If no objection and request for hearing is filed, each party must file a certificate of completion in the paternity action record within 90 days after the later of entry of judgment or release from incarceration.

If no objection and request for hearing is filed, the order shall become immediately effective, and the plaintiff and the defendant shall file in the record of the subject paternity action a certificate of completion of the Parents' Education Clinic (or a divorce education program which is the substantial equivalent thereof), as contemplated in FC 43 Rule 704, not later than ninety (90) days after the occurrence of the latter of the following events: (a) entry of the paternity judgment; or (b) release of either or both parties who were incarcerated at the time of entry of the paternity judgment.

CRITICAL

Applies to

Alternative order or judgment

If an order or judgment is unsatisfactory, opposing counsel must immediately present an 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.

CRITICAL

Applies to

Ex parte order

With respect to any evidentiary hearing conducted at any time during an action in which the days and not later than forty-five (45) days following the latter to occur of (i) the expiration court enters a final order, except for good cause shown by any party, not earlier than ten (10) has timely filed such notice of appeal) or (ii) the finality of the last available order of any of time within which any party may file a notice of appeal from such final order (if no party court for further adjudication), each party, by counsel or prose (if the party is self- appellate court with jurisdiction therein (excepting an order remanding the action to this represented), shall tender to the court for entry an ex parte order authorizing the clerk of this the clerk and upon due execution of receipt therefore, to return to such party, by counsel or court to permit such party, by counsel or pro se, after such party's prior arrangement with prose, on demand (not later than thirty [30] days thereafter) all exhibits introduced into action.

With respect to any evidentiary hearing conducted at any time during an action in which the days and not later than forty-five (45) days following the latter to occur of (i) the expiration court enters a final order, except for good cause shown by any party, not earlier than ten (10) has timely filed such notice of appeal) or (ii) the finality of the last available order of any of time within which any party may file a notice of appeal from such final order (if no party court for further adjudication), each party, by counsel or prose (if the party is self- appellate court with jurisdiction therein (excepting an order remanding the action to this represented), shall tender to the court for entry an ex parte order authorizing the clerk of this the clerk and upon due execution of receipt therefore, to return to such party, by counsel or court to permit such party, by counsel or pro se, after such party's prior arrangement with prose, on demand (not later than thirty [30] days thereafter) all exhibits introduced into action.

CRITICAL

Applies to

Motion to submit for entry of decree

If one party refuses or fails to attend the clinic and file a certificate, the compliant party's motion to submit must state that the clinic was available on a later occasion after that party attended.

provided, required herein, in the compliant party's motion to submit such party shall include a however, that if one party refuses or fails to attend the clinic and file the certificate as Clinic has been available for attendance on at least one occasion subsequent to the statement that to the best of such party's information and belief, the Parents' Education occasion on which the compliant party attended a session thereof.

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 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.

CRITICAL

Applies to

Protective order petition

Protective-order petitions under KRS Chapters 403 or 456 must be requested, completed, and signed by the person seeking protection, use form AOC-275.1, and be accepted and filed with the court.

All petitions requested, completed and signed by persons seeking protection under KRS Chapter 403 or KRS Chapter 456 shall be made on form AOC-275.1, and shall be accepted and filed with the court.

CRITICAL

Applies to

Case plan or remedial contract

In dependency, neglect, and abuse actions, a case plan or remedial contract requiring compliance by a parent of a child born out of wedlock must include notice of rights regarding KRS Chapter 406 and obtaining a paternity judgment.

Services shall assure that each case plan or other remedial contract requiring compliance by In a dependency, neglect, and abuse action, the Kentucky Cabinet for Health and Family Chapter 406 and the procurement of a paternity judgment. a parent of a child born out-of-wedlock shall include a notice of rights regarding KRS

CRITICAL

Applies to

Proposed order or judgment

When directed to submit proposed orders or judgments in matters under advisement, parties must email them to the Court in Word or compatible format, submit a hard copy to the Clerk, and transmit a courtesy copy to opposing counsel.

5.4 In all matters taken under advisement, the Court may direct the parties to submit proposed orders or judgments for consideration. All such proposed orders or judgments shall be submitted via e-mail to the Court in a Word (or compatible) document format, with a hard copy submitted to the Clerk. Counsel shall transmit a courtesy copy to opposing counsel.

CRITICAL

Applies to

Pre trial order

A pre-trial order shall limit the time reserved for the entire evidentiary hearing or presentation of evidence-in-chief (including rebuttal) in a designated sequence, and, trial, and such pre-trial order may include allocation of time to the parties for except as otherwise provided, such allocation of time shall be subject to the following terms and conditions:

A pre-trial order shall limit the time reserved for the entire evidentiary hearing or presentation of evidence-in-chief (including rebuttal) in a designated sequence, and, trial, and such pre-trial order may include allocation of time to the parties for except as otherwise provided, such allocation of time shall be subject to the following terms and conditions:

CRITICAL

Applies to

Family court case data sheet

The Family Court case data sheet must be fully completed in every case.

The Family Court case data sheet shall be fully completed in all cases.

CRITICAL

Applies to

Certificate of completion

Once the order is effective, a dissolution action may not be docketed for a hearing on the motion to submit for entry of decree until each party files a PEC completion certificate or substantial equivalent.

When such an order is effective, an action for dissolution of marriage shall not be docketed for hearing on a motion to submit for entry of decree until each party has filed a certificate of completion of the Parents' Education Clinic ("PEC") (or its substantial equivalent);

CRITICAL

Applies to

Agreement or agreed order

All agreements and agreed orders must contain the attorneys' correct telephone numbers and mailing and email addresses.

B. All Agreements and Agreed Orders shall contain the correct telephone number and mailing and e-mail addresses for the attorneys.

CRITICAL

Applies to

Final verified disclosure statement

In marital dissolution actions involving property matters, the pre-trial order must require all parties to file and serve Form AOC-239 no later than ten days before trial.

In marital dissolution actions concerning property matters a pre-trial order shall include a requirement that all parties shall file and serve no later than ten (10) days before the trial Form AOC-239 "Final Verified Disclosure Statement" in accordance

CRITICAL

Applies to

Pleadings and entry of appearance

Counsel's pleadings and entry of appearance must state counsel's office and mailing addresses, telephone and fax numbers, and email address.

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

CRITICALCriminal cases

Applies to

Order of diversion

An Order of Diversion must include the applicable restitution and supervision terms, its duration, and the listed conduct conditions and other appropriate conditions.

The Order of Diversion shall include : 1. Restitution, if applicable . 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 and Parole . 5. That the petitioner remain drug and alcohol free and be subject to random testing. 6. That the petitioner have no violation of the Penal Code or the Controlled Substances Act. 7. That the petitioner possess no firearm or any other deadIX weapon . 8. Any other provision of KRS 533 .030 or any other condition which the Court deems appropriate.

CRITICAL

Applies to

Petition for order of protection

The reviewing judge must identify in the petition’s “Court Action” section whether the resulting action 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 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.

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.

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

CRITICALCriminal cases

Applies to

Application recommendation

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

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

CRITICALCriminal cases

Applies to

Diversion 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 .

CRITICAL

Applies to

Motion

Must include

proposed order

A motion other than one to schedule an event must be accompanied by a separate tendered proposed order citing authority, and the court may deny a noncompliant motion.

Each motion (except a motion to schedule an event) shall be accompanied by a separate tendered proposed order which shall include citation of authority (e.g., the controlling statute or published decision or rule of procedure), and the court in its discretion may deny any motion which is noncompliant herewith.

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

A. In accordance with FCRPP 3 (5), where the parties have minor children, the petitioner shall, within 20 days after the response has been filed, tender an Order to the Court requiring the

A. In accordance with FCRPP 3 (5), where the parties have minor children, the petitioner shall, within 20 days after the response has been filed, tender an Order to the Court requiring the

CRITICAL

Applies to

Motion

A motion referring to a prior order or decree, including a modification or enforcement request, must identify the relevant section with particularity and state the order’s entry date.

Any motion filed referring to a previous order or decree (including but not limited to requests for modification or enforcement thereof) shall identify the relevant section of such previous order or decree with particularity including declaration of the date of entry of such order or decree.

CRITICAL

Applies to

Motion

Every motion must include, above the signature line, a declaration estimating the entire hearing’s length and stating that the time has been reserved on the docket.

All motions shall include above the signature line for counsel or the self-represented movant the following declaration: The undersigned estimates that this hearing in its entirety will require approximately

CRITICAL

Counsel seeking relief from representation generally must use a written motion and notice, with a copy served on the client; for good cause, the Court may allow an oral withdrawal motion if the litigant's interests are not adversely affected.

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

WARNING

Applies to

Pre trial order

A pre-trial order may require the parties to tender proposed findings of fact, conclusions of law, and an order at the beginning of the evidentiary hearing or as directed by a post-trial compliance order.

A pre-trial order may include requirements that the parties tender proposed Findings of Fact, Conclusions of Law, and Order at the beginning of the evidentiary hearing or pursuant to an order concerning post-trial compliance.

INFO

Applies to

Counselor recommendation

The court may waive clinic attendance after prior qualifying custody and visitation counseling upon the counselor's written recommendation.

If the parties have been previously referred to professional counseling regarding custody and visitation (with such counseling including training for the exclusion of the child or children from parental disputes), the court may, upon the written recommendation of such counselor, waive the requirement that the parties attend the clinic.

INFO

Applies to

Certificate of completion

A party may satisfy the clinic certificate requirement by filing a photocopy of a certificate previously filed in a separate action.

A party may comply with the requirements of FC 43 Rule 705 A. by filing a photocopy of the certificate of completion of the Parents' Education Clinic which such party may have filed in the record of a separate action.