Nelson Circuit Court Document Filing Requirements

CRITICALCriminal cases

Applies to

Pretrial diversion order

The Order of Diversion must address restitution if applicable, supervision and fees if applicable, duration, compliance with Probation and Parole rules, and specified conduct conditions.

The Order of Diversion shall include : l. 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 regulation imposed by Probation and 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

Commissioners report

The Commissioner's Report must be filed with the Clerk of the Court.

The Commissioner's Report shall be filed with the Clerk of the Court

CRITICALCriminal cases

Applies to

Written ineligibility notification to referring judge

When a defendant is ineligible, staff must notify the referring judge in writing using the prescribed form.

If a defendant is determined to be ineligible for Mental Health Court, Mental Health Court staff shall inform the referring judge in writing using the form prescribed by the Mental Health Court.

CRITICALCivil cases

Applies to

Exhibit list

The pre-trial filing must include a list of exhibits that may be introduced into evidence, attached to the pre-trial statement if feasible.

Not later than fourteen (14) days prior to the final hearing, all parties shall file the following: 2. Exhibit List: A list which identifies any exhibits that may be introduced into evidence, and if feasible, shall be attached to the pre-trial statement. FCRPP 3(4).

CRITICALCriminal cases

Applies to

Assessment and notice of eligibility submission

After the defendant executes the Agreement of Participation, staff must complete the prescribed assessment and Notice of Eligibility forms and submit them with pertinent information to the Mental Health Court team.

Upon execution of the Agreement of Participation by the defendant, Mental Health Court staff shall complete an assessment on a form prescribed by the Mental Health Court. After completing the assessment, Mental Health Court staff shall complete a Notice of Eligibility form on a form prescribed by the Mental Health Court. The assessment, the Notice of Eligibility form, and any other pertinent information regarding the defendant shall be completed and submitted to the Mental Health Court team prior to the defendant's next scheduled court appearance.

CRITICAL

Applies to

Child support order

If child support is paid through the Friend of the Court, the parties must use the attached Order Setting Child Support form.

If child support is paid through the Friend of the Court, the parties shall use the attached Order Setting Child Support (Appendix 3).

CRITICALCriminal cases

Applies to

Transfer order

After admission and the defendant's acceptance, the referring judge must complete an order transferring the case to Mental Health Court.

Upon a determination of admission to Mental Health Court, and upon the defendant's acceptance of the offer to enter Mental Health Court, the referring judge shall complete an order transferring the case to Mental Health Court.

CRITICAL

Applies to

Pre trial settlement conference submission

Prior to such conference the parties or their counsel shall provide and file the following: (c) All motions in limine of which counsel should reasonably be aware at that time.

Prior to such conference the parties or their counsel shall provide and file the following: (c) All motions in limine of which counsel should reasonably be aware at that time.

CRITICALCriminal cases

Applies to

Affidavit of violations

If the judge agrees with a termination recommendation, Mental Health Court staff must file a written Affidavit of Violations on the prescribed form requesting termination.

If the Mental Health Court judge agrees with the recommendation of termination, Mental Health Court staff shall file a written Affidavit of Violations on a form prescribed by the Mental Health Court requesting the judge to terminate the participant from Mental Health Court.

CRITICAL

Applies to

Verified disclosure statement

The statement must include the filer’s most recent federal and state tax returns and recent wage statements, or documented evidence of earnings for the last three months.

Please attach your last Federal and State Income Tax Returns and wage statements from your employer for the last five (5) weeks, or documented evidence of earnings for the last three (3) months.

CRITICAL

Applies to

Pre trial compliance statement

The pre-trial statement must list and include copies of all exhibits that may be used at trial; attach them if feasible.

All exhibits which may be used at trial shall be listed and copied, and if feasible, shall be attached to the pre-trial statement.

CRITICAL

If more than one parcel of real estate is owned, attach a sheet for the additional properties.

A. REAL ESTATE : (Where more than one parcel of real estate is owned, attach a sheet for all additional properties.

CRITICALCivil cases

Applies to

Pleading

All pleadings must provide the personal identifying information required by the specified statutes.

2. All pleadings must comply with the requirements of KRS Chapter 205, 403, 406 and 407 by providing the personal identifying information required by those chapters.

CRITICALCivil cases

Applies to

Friend of the court order

A Friend of the Court Order must conform to the Order Setting Child Support in Appendix B.

The Friend of the Court Order shall be in conformity with the Order Setting Child Support attached hereto in Appendix "B".

CRITICAL

Applies to

Motion to set for trial

A motion to set a non-domestic relations civil case for trial may be made on any Rule Day and must certify that the case will be ready by the trial date.

Motions to set a non-domestic relations civil case for trial may be made on any rule day and shall contain a certification that the case will be ready for trial by the trial date.

CRITICALCivil cases

Applies to

Separation agreement or agreed judgment

A separation agreement or agreed judgment that deviates from the child support guidelines must state the reason for the deviation.

C. Child Support Deviations: If the child support obligation in the separation agreement or agreed judgment does not correspond to the Child Support Guidelines contained in KRS 403.212(6), the agreement or judgment shall state the reason for deviating from the Guidelines.

CRITICAL

Applies to

Motion for pendente lite maintenance

A motion for pendente lite maintenance will not be considered unless the movant files a completed Verified Disclosure Statement.

No motion for pendente lite maintenance will be considered by the Commissioner absent the filing of a completed Verified Disclosure Statement by the movant.

CRITICALCriminal cases

Applies to

Agreement of participation

An eligible defendant must sign the prescribed Agreement of Participation to participate in Mental Health Court; refusal makes the defendant ineligible.

If a defendant is determined to be eligible for assessment, Mental Health Court staff shall thoroughly explain Mental Health Court and the Agreement of Participation to the defendant and request that the defendant sign the Agreement of Participation on a form prescribed by the Mental Health Court, with or without the presence of the defendant's attorney. If a defendant refuses to sign the Agreement of Participation, Mental Health Court staff shall notify the referring judge by utilizing the Notice of Eligibility form prescribed by the Mental Health Court. Refusal by the defendant to sign the Agreement of Participation shall render him or her ineligible to participate in Mental Health Court.

CRITICALCriminal cases

Applies to

Notice of termination and affidavit of violations

The circuit clerk must file the Notice of Termination and Affidavit of Violations in the official record and serve notice of termination on the parties, their attorneys, and probation and parole.

The Notice of Termination and Affidavit of Violations shall be filed in the official record by the circuit clerk, who shall serve notice of the notice of termination on the parties, their attorneys, and probation and parole.

CRITICALCriminal cases

Applies to

Notice of termination

The circuit clerk must file the Notice of Termination in the official record.

The Notice of Termination shall be filed in the official record by the circuit clerk.

CRITICAL

Applies to

Pendente lite child support motion

A pendente lite child-support motion must include the filing party’s most recent wage, child-insurance-cost, and applicable child-care information; it must also include a completed worksheet when both parties’ wage information is available.

Any pendente lite motion for child support shall be accompanied by the filing party's most recent wage information, cost ofminor child's insurance information and child care information, if any. In cases where both parties' wage information is available to the filing party the motion shall also be accompanied by a completed Child Support Worksheet .

CRITICALCriminal cases

Applies to

Order of pretrial diversion

The Order of Diversion must address applicable restitution and supervision fees, supervision status, duration, compliance with Probation and Parole rules, and the required conduct conditions.

The Order of Diversion shall include : l. 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 regulation imposed by Probation and 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 .

CRITICALCivil cases

Applies to

Waiver of mandatory case disclosure

Parties who wish to waive filing verified disclosure statements must execute the attached Waiver of Mandatory Case Disclosure form.

A. Waiver of Disclosure Statements: If the parties wish to waive the filing of the verified disclosure statements, the parties shall execute the Waiver of Mandatory Case Disclosure" form which is attached hereto in Appendix "C".

CRITICAL

List retirement, pension, stock-option, and profit-sharing plans and attach the most recent summary.

iv. List retirement, pension, stock option and profit sharing plans (attach a copy of most recent summary) :

CRITICALCivil cases

Applies to

Agreed judgment or separation agreement

An agreed judgment or separation agreement providing for child support must include the Kentucky child support worksheet and the applicable IV-D or Friend of the Court Order.

B. Child Support Worksheet: Any agreed judgment or separation agreement providing for a child support obligation shall include as an attachment thereto a Commonwealth of Kentucky Worksheet for Monthly Child Support Obligation along with a copy of the IV-D Order or the Friend of the Court Order, whichever applies.

CRITICAL

Applies to

Jury trial submission

In jury cases, counsel must file trial briefs and requests for instructions on the first day of trial.

(4) In jury cases, counsel shall file trial briefs and request for instructions on the first day oftrial.

CRITICAL

Applies to

Pre trial statement

The pre-trial statement must identify the issues of law to be litigated.

(f) Issues of law to be litigated .

CRITICALCriminal cases

Applies to

Confidentiality agreement

Mental Health Court team members must sign a confidentiality agreement.

Due to the treatment component of Mental Health Court, team members shall sign a confidentiality agreement.

CRITICAL

Applies to

Commissioners report

The Commissioner's report must make recommendations to the Court and include findings of fact and conclusions of law when required by law.

The Commissioner shall prepare a Report of his/her recommendations to the Court on any matter submitted to him/her within sixty (60) days, including findings of fact and conclusions of law where required by law.

CRITICAL

Applies to

Statement

The statement must be available for opposing counsel to inspect at a convenient location identified in the pre-trial statement.

statement shall be made available for inspection by opposing counsel at a convenient location designated in the pre-trial statement.

CRITICALCivil cases

Applies to

Pendente lite child support motion

A pendente lite child-support motion must be accompanied by proof of the minor child's insurance cost and, if applicable, child-care cost.

In addition to the requirements contained in FCRPP 9(4), any pendente lite motion for child support shall be accompanied by filing proof of the cost of the minor child's insurance and the cost of child care, if any.

CRITICAL

Applies to

Mediation report

The mediator must report to the court whether mediation occurred or was completed and whether the parties reached an agreement.

The mediator shall report to the court that the mediation has not occurred, has not been completed, or that the mediation has been completed with or without an agreement on any or all issues.

CRITICALCriminal cases

Applies to

Notice of eligibility form

If a defendant refuses to sign the Agreement of Participation, staff must notify the referring judge using the prescribed Notice of Eligibility form.

If a defendant refuses to sign the Agreement of Participation, Mental Health Court staff shall notify the referring judge by utilizing the Notice of Eligibility form prescribed by the Mental Health Court.

CRITICAL

Applies to

Pre trial statement

The pre-trial statement must state the plaintiffs’ claims, including their legal theories.

(c) A statement of the claim or claims of plaintiffs, including legal theories.

CRITICAL

For an expected bonus, state the amount expected and when it is expected.

Bonus expected : List how much expected and when.

CRITICALCivil cases

Applies to

Witness list

The pre-trial filing must include a witness list identifying each expected witness's name, address, and telephone number.

Not later than fourteen (14) days prior to the final hearing, all parties shall file the following: 1. Witness List: A list which identifies the name, address, and telephone number of any person that is expected to be called as a witness.

CRITICAL

Applies to

Orders and judgments

All orders and judgments must include a distribution list that identifies any acts the Clerk is required to perform under the order or judgment.

All orders and judgments shall contain a distribution list, same to include any acts required ofthe Clerk by said order orjudgment, as set out in the following example.

CRITICAL

Applies to

Arraignment and discovery order

Criminal cases are set for trial through an Arraignment and Discovery Order signed at arraignment.

Criminal cases will be set for trial through an Arraignment and Discovery Order to be signed at arraignment .

CRITICAL

List all non-marital property and the basis for claiming each item is non-marital.

List all non-marital property of every kind, whether real property or personal items, and the basis for the claim that such is non-marital (obtained prior to marriage, purchased with funds from sale of items obtained prior to marriage, inheritance, etc .).

CRITICALCivil cases

Applies to

Order setting child support form

The AOC-152 must be used together with this form.

NOTE: The AOC-152 must also be used in conjunction with this form pursuant to FCRPP 9(2).

CRITICALCivil cases

Applies to

Distribution list

The Clerk must certify distribution on the distribution list by checking the listed person's name and initialing and dating the bottom of the list.

The Clerk shall distribute copies of all orders by mail or delivery or placement in the receptacles assigned for the attorneys in the Clerk's Office to the persons listed under DISTRIBUTION and shall certify such mailing, delivery or placement by making a check mark by the person listed and shall initial and date the same at the bottom of the distribution list.

CRITICAL

Applies to

Separation agreement or agreed judgment

A separation agreement or agreed judgment providing child support must attach the Kentucky child-support worksheet and the applicable ND or FOC Order.

Any Separation agreement or agreed judgment providing for a child support obligation shall include as an attachment thereto a Commonwealth of Kentucky Worksheet for Monthly Child Support Obligation along with a copy ofthe N D Order or the FOC Order, whichever applies .

CRITICAL

List all specified vehicles and recreational property, including their PVA or NADA assessed value and amounts owed as of the separation date.

C. AUTOMOBILES, ETC. : List all automobiles of every kind, motorcycles, mopeds, four- wheelers or the likes, all boats, motors and trailers, and all other recreational vehicles of every kind, including the PVA assessed value or NADA value and amounts owed as of the date of separation.

CRITICAL

Applies to

Pre trial statement

The pre-trial statement must identify the issues of fact to be litigated.

(e) Issues of fact to be litigated .

CRITICALCivil cases

Applies to

Agreed judgment or separation agreement

An agreed judgment or separation agreement providing for child support must attach the specified child support worksheet and the applicable IV-D or Friend of the Court Order.

Any agreed judgment or separation agreement providing for a child support obligation shall include as an attachment thereto a Commonwealth of Kentucky Worksheet for Monthly Child Support Obligation along with a copy of the IV-D Order or the Friend of the Court Order, whichever applies.

CRITICAL

Attach all tracing documents for non-marital property.

V NON-MARITAL PROPERTY (MUST ATTACH ALL TRACING DOCUMENTS)

CRITICAL

Specify amounts for monthly expenses.

VIII. MONTHLY EXPENSES (specify amounts)

CRITICALCivil cases

Applies to

Orders and judgments

All orders and judgments must include a distribution list that identifies any acts the order or judgment requires the Clerk to perform.

All orders and judgments shall contain a distribution list, same to include any acts required of the Clerk by said order or judgment, as set out in the following example.

CRITICALCivil cases

Applies to

Mediator report

The mediator must report the mediation outcome to the court and may, with the parties’ consent, identify matters whose resolution could facilitate settlement.

The mediator shall report to the court the outcome of said mediation. With the consent of the parties, the mediator may also identify those matters which, if resolved or completed, would facilitate the possibility of settlement.

CRITICAL

Applies to

Pre trial statement

Parties claiming damages must itemize them and identify damages calculable from objective data.

(g) All parties making claims for damages shall itemize their claimed damages, and shall specify those damages which can be calculated from objective data.