Nelson Circuit Court Document Filing Requirements

CRITICAL

Applies to

Order

Each Order must be accompanied by a tendered Commissioner’s Report recommending that the presiding Judge sign the Order.

All Orders shall be accompanied by a tendered "Report" ofthe Commissioner recommending that the "Order" be signed by the presiding Judge.

CRITICALCivil cases

Applies to

Pendente lite child support motion

A pendente lite child-support motion must include 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

Pre trial statement

The pre-trial statement must list trial witnesses and their contact information, and provide specified subject matter, opinion, fact, and grounds disclosures for each expert who has not been deposed.

(b) All witnesses and expert witnesses who may be used at trial shall be listed, along with their addresses and telephone numbers . Also, as to each expert witness who has not been deposed, the pre-trial 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 testify and a summary ofthe grounds for each opinion .

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.

CRITICAL

Applies to

Motion for trial

A motion for trial must be accompanied by the Commissioner's Report described in Appendix 1.

The motion shall be accompanied by a Commissioner's Report as set forth in Appendix 1

CRITICALCriminal cases

Applies to

Written recommendations

When recommending diversion, the Commonwealth must submit written recommendations on diversion conditions and the sentence to impose 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

Pleadings

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

CRITICAL

Applies to

Pleading

Must include

case number

A pleading must contain the case number to be filed by the Clerk.

Any pleading not containing the case number thereon shall not be filed by the Clerk.

CRITICALCivil cases

Applies to

Commissioner report

The Commissioner's report must 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.

CRITICALCivil cases

Applies to

Complaint

In a county-attorney-initiated paternity or IV-D action, a respondent seeking custody or time-sharing/visitation 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).

CRITICAL

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

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

CRITICALCivil cases

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.

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

CRITICALCivil cases

Applies to

Exhibit list

Each party must file a list identifying exhibits that may be introduced into evidence by the pre-trial filing deadline; if feasible, the list must be attached to the pre-trial statement.

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).

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

Domestic violence petition copy

If either party filed a domestic violence petition during the action, a copy must be filed in the case file.

NOTICE: HAS A DOMESTIC VIOLENCE PETITION BEEN FILED BY EITHER PARTY DURING THE PENDENCY OF THIS ACTION? YES NO . IF YES, PLEASE FILE A COPY OF THE PETITION IN THIS CASE FILE.

CRITICAL

Applies to

Verified disclosure statement

The VDS must use the form attached as Appendix 2.

The disclosure statement shall be in the attached form. (Appendix 2) .

WARNING

List all life insurance policies.

vi . List all life insurance policies:

WARNING

The form asks for any special needs of the children to be specified.

E. SPECIAL NEEDS : Specify any special needs of the children:

WARNINGCivil cases

Applies to

Mediation agreement

The parties are responsible for drafting a mediation agreement, and the mediator may assist only with the parties’ consent.

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.

WARNING

Applies to

Post trial briefs or desired findings

After trial, the Commissioner may require briefs or proposed findings and may set reasonable filing deadlines.

Following the trial, the Commissioner may require the parties to submit briefs or desired findings, etc. and may set reasonable time limits for the filing of these documents .

WARNING

List any and all interests in or ownership of a business.

v. List any and all interest in/ownership ofbusiness :

WARNING

Mobile homes must be included in the real-estate section.

Include mobile homes in this section .

WARNING

Applies to

Property bond

You may want to request our handout that will detail the documents you must provide prior to posting a property bond.

You may want to request our handout that will detail the documents you must provide prior to posting a property bond.

WARNING

Applies to

Verified disclosure statement

If the form lacks sufficient space, additional information must be attached as exhibits and treated as part of the statement under the party’s oath.

If there is not sufficient space on this form to provide all of the information necessary, please attach additional sheets as exhibits, which shall be made a part of this Verified Disclosure Statement, as if included verbatim therein and covered under the oath of the party.

WARNINGCriminal cases

Applies to

Notice of termination

For an absconded participant, the judge may sign a Notice of Termination on the prescribed form, with a copy of the Affidavit of Violations attached.

A Notice of Termination may 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.

WARNINGCivil cases

Applies to

Mediation statement or materials

The mediator may require the parties to submit a confidential case statement or other materials reasonably considered appropriate for conducting mediation.

The mediator may require the parties to submit a confidential statement of the case or other materials that the mediator may reasonably believe appropriate for efficiently conducting the mediation conference.

WARNING

List all stocks, bonds, and other securities.

ii. List all stocks, bonds and other securities :

WARNINGCriminal cases

Applies to

Termination form

If the judge finds the request knowing and voluntary, the judge may terminate the participant using the prescribed form and refer the case back to the appropriate circuit or district.

If the Mental Health Court judge determines that the request is knowingly and voluntarily made, the Mentai Health Court judge may terminate the participant from Mental Health Court on a form prescribed by the Mental Health Court and refer the case back to the appropriate circuit or district.

WARNINGCivil cases

Applies to

Commissioners report

The Commissioner's Report must include findings of fact and conclusions of law when required by law.

including findings of fact and conclusions of law where required by law.

WARNING

List all assets held in the name of or on behalf of children.

iii. List all assets held in the name ofor on behalf of children :

WARNINGCriminal cases

Applies to

Affidavit of violations

If a participant has absconded for at least ten working days, Mental Health Court staff may complete an Affidavit of Violations on the prescribed form.

In the case of a participant who has absconded for a period of at least ten working days, Mental Health Court staff may complete an Affidavit of Violations on a form prescribed by the Mental Health Court.

INFOCriminal cases

Applies to

Termination petition

Participants may petition the Mental Health Court judge to terminate their participation.

Participants may petition the Mental Health Court judge for termination from Mental Health Court.

INFO

Applies to

Case submission

A non-domestic relations civil case may be submitted by motion on Rule Day, or at any time by joint motion or agreed order.

Non-domestic relations civil cases may be submitted to the Court pursuant to motion on Rule Day or at any time on a joint motion or by agreed order.

INFO

Applies to

Mediation materials

The mediator may require the parties to submit a confidential case statement or other materials reasonably considered appropriate for conducting mediation.

The mediator may require the parties to submit a confidential statement ofthe case or other materials that the mediator may reasonably believe appropriate for efficiently conducting the mediation conference .