Montgomery Circuit Court Document Filing Requirements

CRITICAL

Applies to

Judgment and order

The judgment or order must include the scrivener's typed name and signature and indicate “Prepared By.”

scrivener's typed name and signature and shall indicate "Prepared By".

CRITICAL

Applies to

Response

Must include

proposed order

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

A proposed order shall be tendered with the response.

CRITICALCriminal cases

Applies to

Pretrial report and diversion contract

Following completion of the diversion contract, the pretrial officer must submit the report and contract to the trial judge for approval, and the report must contain the specified 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.

CRITICALCriminal cases

Applies to

Pretrial diversion application

When applying for pretrial diversion, counsel must state on the record, and the defendant must agree on the record, to waive any right to a speedy trial or disposition if diversion is granted.

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

Motion

When necessary to prove relevant points in a motion, 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.

CRITICAL

Applies to

Judgment

A judgment in a foreclosure involving a mobile home with wheels and axels intact 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

Deposition

Original deposition transcripts 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.

CRITICAL

Applies to

Motion

Must include

certificate of service

The 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.

CRITICALCriminal cases

Applies to

Order

The trial judge must enter an order reflecting the determination whether to terminate or modify the contract.

The trial judge shall enter an order reflecting said determination.

CRITICAL

Applies to

Motion

Must include

certificate of service

A motion’s certificate of service must reflect service of a copy on the appropriate Circuit Judge.

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.

CRITICAL

Applies to

Transfer order

For a case transfer, the transferring judge must sign and send the transfer order to the other judge; the accepting judge must sign it acknowledging acceptance, and the order must be 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

Default judgment motion

A party seeking a default judgment where Kentucky Rule of Civil Procedure 55.01 applies must first file a written motion for judgment.

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

Show cause motion

Must include

proposed order

A proposed show-cause order must accompany the motion and direct the alleged offender to appear on 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

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 in support of the motion.

CRITICAL

Applies to

Division 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.

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

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 for compensation or fees

Motions for compensation or fees for Warning Order Attorneys and Guardians ad Litem must include an affidavit stating the appointment basis, service hours and description, fee reasonableness, and whether the action or proceeding has concluded.

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.

CRITICALCivil cases

Applies to

Petition

A petition must include the factual allegations supporting the Court's 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).

CRITICALCriminal cases

Applies to

Official record

Upon successful completion, the charge must be dismissed and all official records must state “dismissed with prejudice.”

E. 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".

CRITICALCriminal cases

Applies to

Commonwealth recommendation

The Commonwealth must submit a written recommendation to the Court in response to every pretrial diversion application.

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

CRITICALCivil cases

Applies to

Dispositional report

CHFS must provide the FCRPP 28 information 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.

CRITICAL

Applies to

Notice of service

The 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

Foreclosure complaint

A foreclosure complaint must establish the Plaintiff's status as holder of the note and mortgage and include the listed supporting documents and affidavits.

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;

CRITICALCriminal cases

Applies to

Diversion contract

Upon referral, the defendant must meet with a pretrial officer to establish a contract specifying the court-ordered conditions and listed program terms; the contract begins upon the trial judge’s 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.

CRITICALCriminal cases

Applies to

Order of diversion

The diversion order must include applicable restitution, supervision status and applicable fees, duration, compliance with Probation & Parole rules, and the specified no-offense and other conditions.

B. 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 .

CRITICAL

Applies to

Motion

A motion for a show-cause order must be supported by a sufficient affidavit showing 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.

CRITICALCriminal cases

Applies to

Written recommendation

When recommending diversion, the Commonwealth must submit written recommendations stating the 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)

CRITICALCivil cases

Applies to

Motion to withdraw

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

a motion to withdraw must be filed pursuant to FCRPP 26.

CRITICAL

Applies to

Default judgment motion

A matter seeking default must be placed on the appropriate motion docket with a tendered judgment and notice to the defaulting party.

placed on the appropriate motion docket, with a tendered judgment and notice to the party in default.

CRITICAL

Applies to

Motion

Must include

proposed order

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

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

Guardian ad litem filing

The Guardian ad Litem's filing must be either an answer on behalf of the respondent or a report stating that careful examination found no defense to present.

Within sixty (60) days of the appointment, the Guardian ad Litem shall file an answer on behalf of the respondent or a report stating that, after careful examination of the case, he/she is unable to present a defense.

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 to its entry.

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

CRITICAL

Applies to

Trial readiness statement

By 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.

CRITICALCriminal cases

Applies to

Speedy trial waiver statement

Upon approval to participate, the defendant must sign a speedy-trial waiver and must be given the opportunity to consult an attorney beforehand if desired.

B. 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.

WARNINGCriminal cases

Applies to

Contract termination statement

A program participant may terminate the contract at any time by submitting a written statement to either the pretrial officer or the 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

Discovery requests and responses

Interrogatories and their answers, production or inspection requests and their answers, and requests for admissions 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.

WARNING

Applies to

Attorney signed pleading or paper

Attorney-signed pleadings and papers must state 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.