Nelson Circuit Court Document Filing Requirements

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.

CRITICALCivil cases

Applies to

Mediation report

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

7. Report to the Court: 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.

CRITICALCivil cases

Applies to

Waiver of mandatory case disclosure

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

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

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.

If the child support obligation established 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 must state the reason for deviation from the Guidelines .

CRITICALCivil cases

Applies to

Child support order

For every child support order, parties must direct the Circuit Clerk's Office under the “DISTRIBUTION” heading to seal the order.

4. In regard to all child support orders, the parties shall provide directions to the Circuit Clerk's Office under the "DISTRIBUTION" heading to seal the child support order. See Local Rule 901(C.).

CRITICALCivil cases

Applies to

Order setting child support form

The AOC-152 must be used in conjunction with the Order Setting Child Support form.

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

CRITICALCivil cases

Applies to

Child support order

For every child support order, the parties must direct the Circuit Clerk's Office under the DISTRIBUTION heading to seal the order.

4. In regard to all child support orders, the parties shall provide directions to the Circuit Clerk's Office under the 'DISTRIBUTION" heading to seal the child support order.

CRITICAL

The real-estate entry must state its present value and include a copy of an appraisal and/or PVA printout.

Total present value (appraisal or assessed value): $ (Attach copy of appraisal and/or PVA printout.)

CRITICAL

List all remaining disputed household property, including assets for which no written division agreement has been reached.

List all remaining household property not previously shown that is in dispute . If an agreement has not been reached in writing for the division of assets, you must list the assets .

CRITICAL

Applies to

Motion for trial

A motion for trial must certify the estimated length of the hearing.

A motion for trial shall certify the estimated length of time required for the hearing .

CRITICALCriminal cases

Applies to

Administrative discharge affidavit

If the team determines administrative discharge is appropriate, staff must complete an Affidavit of Administrative Discharge and provide it to the judge.

If the Mental Health Court team determines that administrative discharge is appropriate, the Mental Health Court staff shall complete an Affidavit of Administrative Discharge to provide to the Mental Health Court judge.

CRITICAL

Applies to

Protective order petition

Protective-order petitions under the specified statutes must be completed and signed on form AOC-275.1 and accepted and filed with the court.

A. 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. KRS 403.725, KRS 456.030.

CRITICAL

Applies to

Verified disclosure statement

The schedule requires applicable copies of the listed financial, income, property, support, and work documents as separate attachments.

IX. REQUIRED SEPARATE ATTACHMENTS : I have attached to this schedule applicable copies of A. My most recent Federal and State Tax Return (Form 1040) . B. My five (5) most recent pay stubs or earnings for three (3) months. C. A copy of my most recent child care billing. D. A copy of any real estate appraisals &/or PVA printout. E. A copy ofmy bank statements since separation . F. A copy of my most recent retirement plan summary . G. A copy of my tracing documents . H. A copy ofmy child support order on prior born children. I. A copy ofmy maintenance order. J. A copy ofmy work schedule.

CRITICAL

Applies to

Pre trial statement

The pre-trial statement must state defendants’ or third parties’ defenses or claims, including their legal theories.

(d) A statement ofthe defenses or claims ofdefendants, or third parties, including legal theories.

CRITICALCriminal cases

Applies to

Notice of termination

The judge must sign the Notice of Termination on the prescribed form, with a copy of the Affidavit of Violations attached.

A Notice of Termination shall be signed by the Mental Health Court judge on a form prescribed by the Mental Health Court, and a copy of the Affidavit of Violations shall be attached.

CRITICAL

The husband’s child-care cost statement must include a copy of the most recent billing.

i . The husband pays child care costs in the amount of $ (monthly) to . (Attach copy of most recent billing .)

CRITICALCivil cases

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

Mental health court document

Mental Health Court staff must file a copy of each listed document with the appropriate court clerk for entry into the underlying criminal offense record.

Upon utilization of any of the following documents, a copy of such documents) shall be filed by the Mental Health Court staff with the appropriate court clerk for entry into the court record of the underlying criminal offense: a. Order referring to Mental Health Court b. Notice of Eligibility; c. Order transferring to Mental Health Court; d. Affidavit of Violations; and, e. Orders of Termination, graduation, or administrative discharge.

CRITICAL

Applies to

Agreed order setting pendente lite child support

An agreed order setting pendente lite child support must include a completed Child Support Worksheet.

Any agreed order setting pendente lite child support, shall be accompanied by a completed Child Support Worksheet.

CRITICALCriminal cases

Applies to

Written 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 . KRS 533.253(3).

CRITICALCivil cases

Applies to

Mediation agreement

Any agreement reached during mediation must be put in writing and signed by the parties.

If any agreement is reached during the mediation, it shall be reduced to writing and signed by the parties.

CRITICALCivil cases

Applies to

Agreed order

An agreed order setting pendente lite child support must be prepared in accordance with FCRPP 9(2) and Local Rule 703.

Any agreed order setting pendente lite child support shall be prepared in accordance with FCRPP 9(2) and Local Rule 703 herein.

CRITICALCriminal cases

Applies to

Notice of termination

The circuit court 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 court clerk, who shall serve notice of the Notice of Termination on the parties, their attorneys, and probation and parole.

CRITICAL

The form requires all marital property to be listed in the appropriate sections.

List all marital property of the parties in the appropriate sections as follows:

CRITICAL

Applies to

Pre trial settlement conference submission

Before the pre-trial/settlement conference, the parties or their counsel must provide and file a statement of likely trial evidence problems, including exhibit objections.

Prior to such conference the parties or their counsel shall provide and file the following: (b) Statement of evidence problems likely to arise at trial, including objections to exhibits.

CRITICALCivil cases

Applies to

Pendente lite child support motion

When the filing party has both parties' wage information, the pendente lite child-support motion must include a completed Child Support Worksheet.

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.

CRITICALCivil cases

Applies to

Commissioner 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 who shall henceforth serve notice of the filing and a copy of the Report upon all parties who have appeared in the action.

CRITICAL

Applies to

Nonjury trial submission

In nonjury cases, counsel must provide trial briefs and proposed findings of fact and conclusions of law on the first day of trial.

In nonjury cases, counsel shall provide trial briefs and proposed findings of fact and conclusions of law on the first day of trial.

CRITICAL

Applies to

Mediation agreement

Any agreement reached during mediation must be put in writing and signed by the parties.

If an agreement is reached during the mediation conference, it shall be reduced to writing and signed by the parties .

CRITICAL

Applies to

Pre trial settlement conference submission

Before the pre-trial/settlement conference, counsel or a party must provide and file a statement confirming settlement discussions and stating the current negotiation status.

Prior to such conference the parties or their counsel shall provide and file the following: (d) Counsel's or party's statement that he or she has conferred with opposing counsel and/or parties for the purpose of considering the possibility of settlement, and indicating the current status of negotiations relative to the possibility of settlement .

CRITICALCriminal cases

Applies to

Notice of termination

If the judge agrees with the accommodation, the judge must complete a Notice of Termination by administrative discharge using a Mental Health Court-prescribed form and refer the case back to the appropriate circuit or district.

If the Mental Health Court judge agrees with the accommodation, the Mental Health Court judge shall complete a Notice of Termination by administrative discharge on a form prescribed by the Mental Health Court and refer the case back the appropriate circuit or district.

CRITICAL

List the specified cash and accounts and attach the most recent bank statement for each account.

i. List all cash on hand, checking and savings accounts, certificates of deposit and money market accounts (attach a copy ofmost recent bank statements from each account) :

CRITICAL

Applies to

Verified disclosure statement

Every question on the form must be answered fully or marked “NONE” or “NOT APPLICABLE” (N/A).

ALL QUESTIONS ON THIS FORM MUST BE ANSWERED IN FULL OR THE WORDS "NONE" OR "NOT APPLICABLE" (N/A) INSERTED.

CRITICAL

Applies to

Motion

A motion to submit an uncontested action must include the proposed findings, conclusions, judgment and decree, and a proposed Commissioner’s Report recommending their adoption.

Any motion to submit any uncontested action must be accompanied by (a) the proposed "Findings of Fact, Conclusions of Law, Judgment and Decree" which the moving party desires the Court to adopt ; (b) a proposed Report of the Commissioner recommending adoption of the proposed "Findings of Fact, Conclusions of Law, Judgment and Decree," and, the Commissioner's Fee of $15.00.

CRITICALCivil cases

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.

CRITICALCivil cases

Applies to

Orders and judgments

Every order and judgment must contain a distribution list that includes 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

Witness list

Each party must file a witness list identifying the name, address, and telephone number of each expected witness by the pre-trial filing deadline.

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

If the filer is under a prior child-support order, a copy of that order must be attached.

If yes, attach a copy of the order to pay child support .

CRITICALCriminal cases

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

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

Verified disclosure statement

The Verified Disclosure Statement must be sworn to under oath and under penalty of perjury.

The completed Verified Disclosure Statement, sworn to under oath and under penalty of perjury, shall be filed by both parties with the Circuit Court Clerk within thirty days of the filing of the Petition for Dissolution of Marriage .

CRITICALCivil cases

Applies to

Complaint

A respondent seeking custody or time-sharing/visitation in this situation must file a complaint.

In this instance, the respondent must file a complaint to request custody and/or time-sharing/visitation and must pay the filing fee to the clerk pursuant to FCRPP 14(2).

CRITICALCivil cases

Applies to

Mediation agreement

Any mediation agreement must be written and signed by the parties, who are responsible for drafting it; the mediator may assist with their consent.

6. Agreement: If any agreement is reached during the mediation, it shall be reduced to writing and signed by the parties. The parties shall be responsible for drafting the agreement, although the mediator may assist in the drafting of the agreement with the consent of the parties.

CRITICAL

If the filer is under a maintenance order, a copy of that order must be attached.

If yes, attach a copy of the maintenance order.

CRITICALCriminal cases

Applies to

Agreement of participation

All potential Mental Health Court participants must sign a written Agreement of Participation before eligibility is determined.

"Agreement of Participation" means the written agreement required to be signed by all potential Mental Health Court participants prior to the determination of eligibility for Mental Health Court.

CRITICAL

Applies to

Verified disclosure statement

The Verified Disclosure Statement includes a declaration under penalty of perjury that its information is complete and accurate to the declarant's knowledge and belief.

I declare under penalty of perjury that the information set forth in this Verified Disclosure Statement is complete and accurate to the best of my knowledge and belief, and that this was executed on this the day of ,

CRITICALCriminal cases

Applies to

Pretrial diversion application

When applying for pretrial 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

Criminal discovery materials

Within 45 days after arraignment, the Commonwealth must provide the Defendant the listed discovery materials; the provided text ends mid-sentence.

Within 45 days of arraignment, the Commonwealth shall provide to the Defendant a copy of the Grand Jury tape, all information required under RCr 7 .24 and 7.26, all exculpatory evidence, all aspects of line-ups or show-ups, copies of all oral, recorded or written statements made by Defendant or other persons, information received from a confidential informant, copies ofall search warrants, search warrant affidavits and search warrant returns, names and addresses of witnesses the Commonwealth may call at trial, and the nature of any promises or agreements made by the Commonwealth to secure

CRITICAL

Applies to

Verified disclosure statement

Must include

certificate of service

The form includes a certificate of service stating that an exact copy of the Verified Disclosure Statement was mailed or hand-delivered to the recipient.

CERTIFICATE OF SERVICE On the day of , I hereby certify that an exact copy of the foregoing Verified Disclosure Statement was (__j mailed, ( ) hand-delivered to:

CRITICALCivil cases

Applies to

Agreed order

An agreed order setting pendente lite child support must be prepared in accordance with FCRPP 9(2) and Local Rule 703.

Any agreed order setting pendente lite child support shall be prepared in accordance with FCRPP 9(2) and Local Rule 703 herein.

CRITICAL

Applies to

Pre trial settlement conference submission

Before the pre-trial/settlement conference, the parties or their counsel must provide and file an offer of stipulated facts.

Prior to such conference the parties or their counsel shall provide and file the following: (a) An offer of stipulated facts.