Monroe County Circuit Court, Kentucky Document Filing Requirements

CRITICAL

Applies to

Plea agreement

If a plea agreement is reached, it must be written, signed by the specified participants, and submitted for Court approval before the scheduled pretrial conference.

At this meeting the defendant shall be present and if an agrecment is reached concerning a plea agreement, same shall be reduced to writing and signed by the Commonwealth Attorney and/or the Assistant Commonwealth, counsel for the defendant, and the defendants). Same shall be submitted to the Court for approval BEFORE the scheduled date of the pretrial conference.

CRITICAL

Applies to

Hearing notice

The notice served on opposing parties must state the hearing's time, date, and place.

The time, date, and place of the hearing shall be included in the notice served upon the opposing parties.

CRITICALCivil cases

Applies to

Order

An order prepared at the Commissioner’s direction must identify its preparer and state that it was prepared at the request and under the direction of the Commissioner or the Court, as applicable.

Any order prepared at the direction of the Commissioner shall reflect the name of the preparer and state that the order was prepared at the request and under the direction of the Commissioner or the Court, as the case may be.

CRITICALCivil cases

Applies to

Request for final hearing

A request for final hearing may not be made until the state child protective service agency report and any guardian ad litem report have been filed.

Pursuant to FCRPP 33, no request for final hearing shall be made prior to the filing of the state child protective service agency report pursuant to KRS 199.510 and the guardian ad litem report, if any, pursuant to KRS 199.515.

CRITICAL

Applies to

Divorce petition

A divorce petition must be accompanied by a Vital Statistics Information Sheet signed by the attorney or the clerk must not file it.

Circuit Clerks shall not file a Divorce Petition unless it is accompanied by the Vital Statistics Information Sheet signed by the attorney.

CRITICAL

Applies to

Interrogatories and responses and requests for admission and answers or objections

Interrogatories and responses, and requests for admission and their answers or objections, must be filed of record with the circuit clerk.

Pursuant to these local riles, all interrogatories and responses thereto and all requests for admission and answers or objections thereto shall be filed of record in the office of the circuit clerk.

CRITICAL

Applies to

Domestic relations proceeding

A self-represented individual may proceed pro se but must comply with the same provisions as an attorney-represented individual.

Nothing contained herein shall prevent an individual from proceeding with pro se representation and said individual proceeding pro se shall comply with the same provisions as if he or she were represented by an attorney.

CRITICAL

Applies to

Sworn disclosure statement

The sworn disclosure statement must itemize marital property and values, debts and amounts, claimed non-marital property and the basis for each claim, each party’s income, and other information the petitioner believes may assist in disposing of the property.

it shall include an itemized listing of all marital property and its value, all debts and the amounts, all property claimed as non-marital and the basis of the claim, the income of each party and other information the petitioner may believe will assist in making a proper disposition of the property.

CRITICAL

Applies to

Motion to set for trial

A party may move to set a case for trial on any Rule/Motion Day, and the motion must certify that the case will be ready by the trial date.

Motions to set a case for trial may be made on any Rule/Motion Day and shall contain a certification that the case will be ready for trial by the trial date.

CRITICALCivil cases

Applies to

Income and expense schedule

The non-moving party must file an income and expense schedule by the time set for the motion hearing.

The non-moving party must file his or her income and expense schedule no later than the time set for the hearing on the motion.

CRITICALCivil cases

Applies to

Proposed findings conclusions

After a final hearing or a motion hearing requiring findings and conclusions, the Commissioner must prepare and submit proposed findings, conclusions, and an order, except that stipulated findings leave only questions of law for the Circuit Judge.

Upon the final hearing of a case or upon the hearing of any motion which requires Findings of Fact and Conclusions of Law, the Commissioner shall prepare and submit to the Circuit Judge his proposed Findings of Fact (unless the Commissioner's Findings of Fact are stipulated by both parties in which case only questions of law will be considered by the Circuit Judge), Conclusions of Law and Order.

CRITICAL

Applies to

Verified motion

A verified motion must be filed on the AOC form as a petition.

Any verified motion shall be filed on the AOC form as a petition

CRITICAL

Applies to

Motion to set for trial

A motion to set a case for trial may be made on any Rule/Motion Day and must certify that the case will be ready by the trial date.

Motions to set a case for trial may be made on any Rule/Motion Day and shall contain a certification that the case will be ready for trial by the trial date.

CRITICALCivil cases

Applies to

Ex parte motion

An ex parte motion must be accompanied by a supporting affidavit sufficient to state grounds for injunctive relief.

Pursuant to FCRPP 2(8), any ex parte motion shall be accompanied by a supporting affidavit sufficient to state grounds for injunctive relief

CRITICAL

Applies to

Hearing notice

The notice served on opposing parties must state the hearing’s time, date, and place.

The time, date, and place of the hearing shall be included in the notice served upon the opposing parties.

CRITICALCivil cases

Applies to

Original copies

Original copies must be filed with the Clerk in the county of origin.

Pursuant to FCRPP 3(1)(a)(ii), original copies shall be filed with the Clerk in the county of origin.

CRITICALCivil cases

Applies to

Original pleadings

Original pleadings in a dissolution action must include the pleadings identified in FCRPP 2(1)(a) through (i), if applicable.

All original pleadings in a dissolution action shall include pleadings identified in FCRPP 2(1)(a) through (i), if applicable.

CRITICAL

Applies to

Pretrial statement

The pretrial statement must list trial exhibits, witnesses, and experts with required contact and expert-testimony information; attach exhibit copies if feasible and identify where unattached exhibits may be inspected.

All exhibits which may be used at trial shall be listed and copies, if teasible, shall be attached to the pre-trial statement. All exhibits which cannot be attached to the pretrial statement shall be made available for inspection by opposing counsel at a convenient location designated in the pre-trial statement. All witnesses and expert witnesses who may be used at trial shall be listed, along with their addresses and telephonc numbers. Also, as to cach expert witness who has not been deposed, the pretrial statement shall state the subject matter on which the expert is expected to testify and shall state the substance of the facts and opinions to which the expert is expected to lestify and a summary of the grounds for cach opinion.

CRITICALCivil cases

Applies to

Exceptions

Exceptions must identify the date of the disputed testimony and the tape counter number where the disputed evidence can be found.

Any party filing exceptions to rulings of the Domestic Relations Commissioner shall specify the date wherein the disputed testimony was heard and shall refer to the tape counter number where the disputed evidence may be found.

CRITICALCivil cases

Applies to

Motion for temporary child support or maintenance

A motion for temporary child support or maintenance must include the movant’s income and expense schedule with supporting documentation.

Pursuant to FCRPP 5 and FCRPP 9, all motions for temporary child support and maintenance must be accompanied by movant's income and expense schedule with supporting documentation.

CRITICALCivil cases

Applies to

Separation agreement or agreed order modifying child support

Attach the child-support-obligation worksheet to separation agreements determining child support and agreed orders modifying child support.

The worksheet for child support obligation forms shall be attached to all separation agreements in which child support is determined and all agreed orders modifying child support.

CRITICALCivil cases

Applies to

Termination of parental rights petition

A separate petition must be filed for each child in a termination-of-parental-rights case, with an individual case number assigned to each proceeding.

3.1 Pursuant to FCRPP 32(2)(a), a separate petition shall be filed for each child in a Termination of Parental Rights case and individual case numbers shall be assigned by the Clerk of the Court in proceedings filed pursuant to KRS Chapter 625.

CRITICALCivil cases

Applies to

Adoption or termination of parental rights petition

Must include

case number

Every adoption or termination-of-parental-rights petition must include the case number of any underlying juvenile case and the name of any previously appointed guardian ad litem.

Pursuant to FCRPP 32(2)(b), every petition in an adoption or termination of parental rights shall include the following: A. The case number of any underlying juvenile case, specifically dependency, neglect or abuse or termination of parental rights cases); and B. The name of any guardian ad litem previously appointed.

CRITICAL

Applies to

Sworn disclosure statement

The petitioner must file a sworn disclosure statement within 15 days after filing the dissolution petition, including the specified property, debt, and income information.

The petitioner shall file a sworn disclosure statement within 15 days after the filing of the Petition for Dissolution of Marriage and it shall include an itemized listing of all marital property and its value, all debts and the amounts, all property claimed as non-marital and the basis of the claim, the income of each party and other information the petitioner may believe will assist in making a proper disposition of the property.

CRITICAL

Applies to

Pretrial compliance statement

All parties must file pretrial compliance statements 14 days before trial.

Pretrial compliance statements shail be filed by all parties 14 days before the trial date.

CRITICAL

Applies to

Pretrial compliance statement

The pretrial statement must list trial exhibits and witnesses, attach exhibit copies if feasible, provide inspection arrangements for unattached exhibits, and disclose specified information about witnesses and experts who have not been deposed.

All exhibits which may be used at trial shall be listed and copies, if teasible, shall be attached to the pre-trial statement. All exhibits which cannot be attached to the pretrial statement shall be made available for inspection by opposing counsel at a convenient location designated in the pre-trial statement. All witnesses and expert witnesses who may be used at trial shall be listed, along with their addresses and telephonc numbers. Also, as to cach expert witness who has not been deposed, the pretrial statement shall state the subject matter on which the expert is expected to testify and shall state the substance of the facts and opinions to which the expert is expected to lestify and a summary of the grounds for cach opinion.

CRITICAL

Applies to

Transportation order

Transportation orders must be tendered to the Court at least four business days before a scheduled court appearance.

All Transportation orders shall be tendered to the Court no later than four (4) business days before a scheduled court appearance.

CRITICALCivil cases

Applies to

Separation agreement or agreed order modifying child support

Separation agreements fixing child support and agreed orders modifying child support must include a reservation that the parties are aware of the guideline-established child-support amount.

In addition, all separation agreements fixing child support and agreed orders modifying child support shall contain a reservation to the effect that The parties are aware of the amount of child support established by the Kentucky Child Support Guidelines.

CRITICALCivil cases

Applies to

Property settlement agreement

A proceeding requires a signed property settlement agreement to be classified as uncontested.

A signed property settlement agreement is necessary for a proceeding to be classified as "uncontested".

CRITICAL

Applies to

Divorce petition

A Divorce Petition may not be filed unless it includes a Vital Statistics Information Sheet signed by the attorney.

Circuit Clerks shall not file a Divorce Petition unless it is accompanied by the Vital Statistics Information Sheet signed by the attorney.

CRITICAL

Applies to

Plea agreement

If a plea agreement is reached at the required pretrial meeting, it must be put in writing, signed by the specified attorneys and defendant(s), and submitted for Court approval before the conference; noncompliance could result in dismissal at the Court’s discretion.

At this meeting the defendant shall be present and if an agrecment is reached concerning a plea agreement, same shall be reduced to writing and signed by the Commonwealth Attorney and/or the Assistant Commonwealth, counsel for the defendant, and the defendants). Same shall be submitted to the Court for approval BEFORE the scheduled date of the pretrial conference. Failure to comply could result in a dismissal at this Court's discretion.

CRITICALCivil cases

Applies to

AOC-239 final verified disclosure statement

When property matters are in dispute, the AOC-239 Final Verified Disclosure Statement must be filed in the record.

The AOC-239, Final Verified Disclosure Statement, is adopted by this Court and shall be filed in the record if property matters are in dispute

WARNING

Applies to

Answer

The respondent may refute the petitioner’s disclosure in the Answer with a sworn counter disclosure statement; otherwise, the petitioner’s itemized listing will be accepted as agreed or stipulated.

Respondent may refute this in the Answer with a sworn counter disclosure statement or the petitioner's itemized listing will be accepted as agreed or stipulated.

WARNINGCivil cases

Applies to

Exceptions

Failure to identify the testimony date and tape counter number is grounds for overruling the exceptions.

Failure to do so shall constitute grounds for overruling the exceptions.

WARNING

A self-represented individual may proceed pro se but must comply with the same provisions as a represented individual.

Nothing contained herein shall prevent an individual from proceeding with pro se representation and said individual proceeding pro se shall comply with the same provisions as if he or she were represented by an attorney.

WARNING

Applies to

Answer

The respondent may contest the petitioner's disclosure in the Answer with a sworn counter disclosure; otherwise, the petitioner's listing will be treated as agreed or stipulated.

Respondent may refute this in the Answer with a sworn counter disclosure statement or the petitioner's itemized listing will be accepted as agreed or stipulated.

INFOCivil cases

Applies to

Joint child support worksheets

Counsel are encouraged to provide joint child support worksheets showing evidence of any exception to using the guidelines.

Furthermore, counsel are encouraged to provide joint child support worksheets presenting evidence as to the existence of any exception to the utilization of the guidelines.

INFOCivil cases

Applies to

Agreement on individual issues

If the parties agree on individual issues without settling the entire case, they may submit an agreement signed by both parties directly to the Court.

If the parties reach an agreement on individual issues short of settling the entire case, the agreement, signed by both parties, may be submitted directly to the Court.

INFOCivil cases

Applies to

Recommended findings of fact conclusions of law and decree of dissolution

Parties may furnish recommended findings of fact, conclusions of law, and a decree of dissolution to the Domestic Relations Commissioner for review.

Parties may furnish to the Domestic Relations Commissioner for review a recommended Findings of Fact, Conclusions of law, and a Decree of Dissolution.

INFOCivil cases

Applies to

Decree of dissolution

Parties who agree on all issues may obtain a decree of dissolution without a hearing by following FCRPP 3(1)(a) and (b).

Parties who reach an agreement on all issues may obtain a decree of dissolution without a hearing by following the requirements of FCRPP 3(1)(a) and (b).