Morgan County Circuit Court, Kentucky Document Filing Requirements

CRITICALCriminal cases

Applies to

Commonwealth recommendation

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

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

CRITICAL

Applies to

Emergency custody order

For an ECO granted to a CHFS social worker, a copy must go to the agency and the applicant before leaving the Clerk's Office, while the original stays with the Clerk.

If a CHFS social worker is granted an ECO, the social worker is to provide a copy to the agency. A copy shall also be provided to the person seeking the ECO prior to leaving the Circuit Clerk's Office. The original ECO shall remain with the Circuit Clerk's Office.

CRITICAL

Applies to

Request for judicial order

A request for an order concerning an in-chamber interview video must include a written explanation identifying the requested portion of the video and the specific purpose for the request.

An individual requesting a judicial order must provide the Family Court Judge a written explanation for the request, which specifically interview with a child and specific purpose for the request. indicates the portion of the video record being requested, is an in-chamber

CRITICALCriminal cases

Applies to

Pretrial report and diversion contract

After the diversion contract is completed, the Pretrial officer must submit the pretrial report and contract to the trial judge for approval.

Following completion of the diversion contract, the Pretrial officer shall submit a pretrial report and the contract for approval to the trial judge.

CRITICALCriminal cases

Applies to

Pretrial diversion application

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

In applying for pretrial diversion, 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

Agreement and agreed order

Agreements and Agreed Orders must contain the correct mailing addresses for the attorneys and parties.

All agreements and Agreed Orders shall contain the correct mailing addresses for the attorneys and parties.

CRITICAL

Applies to

Trial memorandum

When requested by the Court, both parties must file trial memoranda addressing the listed facts, issues, arguments, requested relief, exhibits, witnesses, and mediation status.

When requested by the Court, both Petitioner and Respondent shall file trial memoranda with the Court which address the following: A. A summary of the general fact; B. A statement of any stipulated facts; C. A concise statement of each general issue (both factual and legal) in dispute; D. Argument with ample supportive citations of authority pertinent to any unusual or unique issues or fact and/or law; E. Conclusions setting forth the specific relief sought from the Court, and in particular an itemized listing of the personal property that the Petitioner/Respondent would like the Court to award to him or her; F. Updated witness lists, trial exhibits, etc.; G. A statement of the status of mediation (if applicable).

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.

E. Cases may be reassigned or transferred between courts if it is determined that there are other actions pending or circumstances indicate that review by the other court is proper. KRS 403.725, KRS 456.030. If reassignment or transfer occurs, the issuing judge shall re-issue a summons until the matter may be heard by the receiving judge.

CRITICALCriminal cases

Applies to

Official records

Upon successful completion of the diversion contract, the charge must be dismissed and all official records must state "dismissed as diverted".

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 as diverted".

CRITICAL

Applies to

Request for counsel

The Court assigns a parent attorney to a parent who qualifies as indigent after submitting the specified AOC-DNA-11 forms.

The Court shall assign Guardian Ad Litems and, if the parent(s) qualifies as an indigent after submittal of the AOC-DNA-11, Financial Statement, Affidavit of Indigence, Request for Counsel and Order, a parent attorneys to each case in order to facilitate consistent, high-quality advocacy representation of all parties.

CRITICAL

Applies to

Trial setting order

Other jury trials may be held only under a court order specifying the case style, date, time, and place.

All other trial by jury other than as set out in Rule 1, shall be held only by orders of the Court setting out the style of the case, date, time and place to be held .

CRITICAL

Applies to

Notice for final hearing

The petitioner's attorney must complete an adoption checklist and attach it to any notice for final hearing.

Upon filing of a Petition for Adoption the attorney for the petitioner shall complete a checklist and attach to any notice for final hearing. The checklist can be obtained from the Circuit Clerk's Office.

CRITICALCriminal cases

Applies to

Pretrial diversion agreement

Pretrial diversion may not exceed five years without the petitioner's agreement and may not be shorter than the time needed to complete restitution.

Duration of the pretrial diversion shall not exceed (5) years without agreement of the petitioner . Duration of the diversion agreement shall not be less than the time required to make restitution in full

CRITICAL

Applies to

Summons

If a case is reassigned or transferred, the issuing judge must reissue summons until the receiving judge can hear it.

If reassignment or transfer occurs, the issuing judge shall re-issue a summons until the matter may be heard by the receiving judge.

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, services, contract length, and any required restitution or community service.

Upon referral to the Program, the defendant shall meet with a Pretrial officer to establish a formal contract which specifies the court ordered conditions, the referral services to be used, the length of the contract, and, if required the need for the defendant to make restitution or perform community service.

CRITICAL

Applies to

Dispositional hearing submission

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

In addition, if the siblings have been separated, CHFS shall explain the reasons for the separation.

CRITICAL

Applies to

Petition

Each petition must cite the specific statute and jurisdictional facts and provide full information about the child's parents and their addresses.

B. Any petition filed with the Court shall comply with the following conditions: 1. Citations to specific statute and factual allegations relied upon in asserting the Court's jurisdiction; and 2. Full information concerning the child's parents and their address(es).

CRITICAL

Applies to

Pleading motion or other filing

Must include

case number

Each pleading, motion, or other filed paper must include the case number and the signer’s typed or printed name, address, and telephone number.

Every pleading, motion and any other paper filed in the record by counsel or party shall contain the case number, typed or printed name, address and telephone number of the attorney or party signing the paper.

CRITICAL

Applies to

Petition

Petitions must be submitted to the County Attorney for review, sent to the judge if rejected, and, if approved, initialed, copied to the County Attorney, and filed with the Circuit Clerk.

A. All petitions shall be filed in accordance with FCRPP 20 and shall be submitted to the County Attorney, who shall check the petition for legal sufficiency. If the petition is rejected by the county attorney, it shall be submitted to the Family Court Judge for determination of legal sufficiency. If the judge determines that the petition fails to state grounds for action pursuant to KRS Chapter 620, the petition shall be dismissed. If the petition is approved, the county attorney or judge, as appropriate, shall initial the petition for filing. A copy shall be distributed to the county attorney and the original shall be filed with the Office of the Circuit Clerk.

CRITICAL

Applies to

Petition

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

Mediation outcome report

At the conclusion of mediation, the mediator must report its outcome to the Court without comment.

At the conclusion of mediation, the mediator shall report without comment to the Court the outcome of the mediation.

CRITICAL

Applies to

Appointment

After accepting an appointment, a Guardian Ad Litem or parent attorney must continue representing the client through all stages of the covered proceedings.

After a Guardian Ad Litem or parent attorney accepts an appointment, representation shall continue through all stages of the dependency, neglect, abuse, or termination of parental rights and adoption proceedings.

CRITICALCriminal cases

Applies to

Speedy trial waiver statement

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

Upon approval for participation in the Program, the defendant must 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.

CRITICAL

Applies to

Motion for judicial order

A person seeking an order for confidential video records must file a written motion stating the request’s purpose.

An individual requesting a judicial order must file a written motion, with notice to all parties, including the child's Guardian Ad Litem, if any, and set forth the purpose for the request.

CRITICAL

Applies to

Petition

The reviewing judge must indicate in the petition’s Court Action section whether the action is a domestic violence action or an interpersonal protective order action.

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.

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

Paternity case file access request

The clerk must grant an attorney access to a paternity case file upon receiving either the attorney's statement seeking permission or the party's signed and notarized release, for representation-related reasons.

Upon receipt of the Circuit Clerk's Office of an attorney's statement seeking permission to review and copy a paternity case file, OR upon the receipt by the Circuit Clerk's Office of a party's signed and notarized release authorizing an attorney to inspect the party's paternity case file, for reasons relating to representation in that action of a party thereto, the Clerk's office shall grant the attorney access to such a file.

CRITICAL

Applies to

Statement for paternity file access

An attorney seeking access to a paternity file must sign a statement limiting what may be disclosed to the client.

Pursuant to KRS 406.035, the attorney seeking permission to review and/or copy the paternity file shall sign a statement that the order of judgment is the only information which may be shared with the client and that all other information in the case cannot be disclosed to the client

CRITICALCriminal cases

Applies to

Pretrial report

The pretrial report must include basic pretrial information, offense and conviction history, prior diversion-program participation, employment status, length of local residence, and other information needed to assess eligibility and suitability.

The report shall contain basic pretrial information, a record of any past offenses and conviction, a 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

Dispositional hearing submission

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

At the dispositional hearing CHFS shall provide the court with the information required pursuant to FCRPP 28 by completing form DNA 12.

CRITICAL

Applies to

Status quo motion

For the clerk to serve the motion with the Summons and Petition, the Status Quo Order motion must be filed with the Petition, request entry of AOC 237, and state that the Respondent has ten days to object.

Therefore, if a Motion for a Status Quo Order is filed with the Petition which requests entry of the AOC 237, Status Quo Order, and which states that the Respondent has ten days to file any objection to entry of the Order, the clerk will serve a copy of the Motion with the Summons and Petition on the Respondent.

CRITICALCriminal cases

Applies to

Written recommendation

When recommending diversion, the Commonwealth must submit written recommendations addressing 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

WARNING

Applies to

Filed paper

A rubber stamp does not count as a signature under this rule or CR 11.

A rubber stamp shall not be deemed a signature either under this Rule or CR 11.

WARNINGCriminal cases

Applies to

Contract termination statement

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

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

WARNING

Applies to

Pro se motion

Petitioners seeking contempt proceedings should contact the County Attorney or private counsel; self-represented petitioners should file a motion with the appropriate Circuit Clerk.

Petitioners seeking to initiate contempt proceedings should contact: County Attorney or private counsel; or pro se motion to be filed with the appropriate Circuit Clerk.

WARNING

Applies to

Pro se motion

B. Petitioners seeking to initiate contempt proceedings should contact: County Attorney or private counsel; or pro se motion to be filed with the appropriate Circuit Clerk.

B. Petitioners seeking to initiate contempt proceedings should contact: County Attorney or private counsel; or pro se motion to be filed with the appropriate Circuit Clerk.

CRITICALCriminal cases

The diversion order must address restitution, supervision and applicable fees, duration, compliance with Probation and Parole rules, and the listed conduct and statutory 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 & 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.