Nicholas County Circuit Court, Kentucky 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.

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

Petition

Petitions must name the child’s biological parents, name a putative father when either stated identification condition applies, and reflect the petitioner’s duty to make diligent efforts to locate the parents.

All Petitions shall name both the biological mother and father of the child(ren) unless the parent's rights have been terminated by a valid court order. A putative father shall be named if he has been identified as the putative father pursuant to KRS 625.065(1), or if he has been identified as the putative father by the child's mother upon questioning. It is the Petitioner's obligation to make a diligent effort to locate the child's parents.

CRITICAL

Applies to

Petition

Termination proceedings involving two or more children of the same parent or parents must use a separate petition for each child.

Termination proceedings involving two (2) or more children of the same parent(s) must proceed by separate Petitions for each child.

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.

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.

CRITICAL

Applies to

Motion

Petitioners seeking contempt proceedings should contact their county attorney or may file a written motion specifying the precise alleged violation of a valid protective order of which the respondent has personal notice.

Petitioners seeking to initiate contempt proceedings should contact: Their respective county attorney, or, by the filing of a written motion specifying the precise manner in which the Respondent is alleged to be in violation of a valid existing protective order of which the Respondent has personal notice.

CRITICAL

Applies to

Petition

Petitions must identify the applicable statute and provide detailed jurisdictional facts explaining the child’s relationship to the responsible party, including facts specific to each child in multiple-child cases.

All Petitions shall state the applicable statute and detailed factual allegations relied upon in asserting the Court's jurisdiction. The factual allegations must fully explain the child's relationship to the responsible party. In cases involving multiple children, the Petition must fully explain the situation as it individually applies to each child.

CRITICALCriminal cases

Applies to

Order of diversion

The Order of Diversion must address applicable restitution, supervision, duration, compliance with Probation and Parole rules, and the requirement not to commit an offense during diversion.

B . 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 and Parole . 5. As required by K .R .S . 533 .030(1) [conditions of probation-restitution] direct the def endant not to commit any of f ense during the period of the pretrial diversion . Specifically, direct the defendant to comply with any other provision of K .R .S . 533 .030 or any other condition the Court deems appropriate .

CRITICAL

Applies to

Petition

Before filing with the clerk, the petitioner must submit the petition to the County Attorney for review; if sufficient cause is found, the County Attorney files it and refers the matter for investigation if needed.

Prior to filing the petition with the clerk, the Petitioner shall submit the petition to the County Attorney. The County Attorney shall review the Petition and determine if it is supported by sufficient cause. In the event that the County Attorney finds that the petition is supported by sufficient cause he or she shall file the Petition with the Court and refer the matter to the Cabinet for Families and Children for investigation if the Cabinet is not already involved in the case.

CRITICAL

Applies to

Protective order petition

Upon receiving a petition after regular business hours, the authorized agency or officer must present it to the same judicial officers identified for regular business hours.

Upon receipt of a petition after regular business hours, the authorized agency/officer shall present the petition to: same persons set forth in paragraph C above

CRITICALCriminal cases

Applies to

Written recommendation

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

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

CRITICAL

Applies to

Motion

A person seeking an order to copy an interview video must file a motion explaining the reason for the request.

Any individual requesting such an Order must file a motion requesting permission to copy the video, and include an explanation of the reason for the request.

CRITICAL

Applies to

Protective order petition

The reviewing judge must indicate 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

Protective order petition

Petitions seeking protection under KRS Chapter 403 or 456 must use form AOC-275.1 and be accepted and filed with the court.

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.

CRITICALCriminal cases

Applies to

Pretrial diversion application

When applying for pretrial diversion, defense counsel must state on the record, and the defendant must agree, to waive speedy-trial and disposition rights if diversion is granted.

B. 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

Motion

Parties may seek a final dissolution decree by motion submitted directly to the Judge without a hearing notice, and the motion must include the listed waivers, agreements, verified discovery responses, proposed findings, and proposed decree.

Pursuant to FCRPP3, parties may file a motion to submit a dissolution for Final Decree, and shall submit same directly to the Judge for review and approval, without noticing the matter for hearing. The Motion shall comply with FORPP3 and shall contain executed waivers of hearing, waiver of financial disclosures (if applicable), the parties' settlement agreement or mediation agreement, verified Answers to Interrogatories or Deposition, proposed Findings of Fact, and a proposed Decree of Dissolution.

CRITICAL

Applies to

Protective order petition

Upon receiving a petition during regular business hours, the authorized agency or officer must present it to a district, family, or circuit judge, or alternatively to the designated on-call trial commissioner.

Upon receipt of a petition during regular business hours, the authorized agency/officer shall present the petition to the following: DISTRICT JUDGE, FAMILY COURT JUDGE OR CIRCUIT COURT JUDGE, OR ALTERNATIVELY THE DESIGNATED "ON-CALL" TRIAL COMMISSIONER

CRITICAL

Applies to

Pleading motion or other filing

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

Every pleading, motion, and any other paper filed in the record by an attorney or a party shall contain the typed or printed name, address, telephone number and e-mail address of the attorney or party signing the paper.

CRITICAL

Applies to

Contested hearing exhibits

School records must be included as an exhibit in a contested custody or timesharing hearing if the result could change the child’s school.

A child's school records shall be included as an exhibit in any contested hearing for custody or timesharing wherein the result could cause a change of the child's school.

CRITICAL

Applies to

Protective order petition

During regular business hours, the authorized agency or officer must present a petition to a District, Family Court, or Circuit Court judge, or alternatively to the designated on-call Trial Commissioner.

Upon receipt of a petition during regular business hours, the authorized agency/officer shall present the petition to the following: DISTRICT JUDGE, FAMILY COURT JUDGE OR CIRCUIT COURT JUDGE, OR ALTERNATIVELY THE DESIGNATED "ON-CALL" TRIAL COMMISSIONER

CRITICAL

Applies to

Protective order petition

After regular business hours, the authorized agency or officer must present the petition to the same judicial officers identified for regular business hours.

Upon receipt of a petition after regular business hours, the authorized agency/officer shall present the petition to: same persons set forth in paragraph C above

CRITICAL

Applies to

Adoption finalization documents

The Petitioner must prepare all documents needed to finalize the adoption and submit them for Court review.

The Petitioner shall prepare all documents necessary to finalize the matter and shall submit the documents for the Court's review at least ten (10) days prior to the final hearing.

CRITICAL

Applies to

Answer

A Guardian Ad Litem must file an Answer on behalf of the client.

3) The Guardian Ad Litem shall file an Answer on behalf of their client.

CRITICALCriminal cases

Applies to

Written recommendation

When recommending diversion, the Commonwealth must provide written recommendations for its 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 . K .R .S . 533 .252(3) .

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

Protective order 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 456.

CRITICAL

Applies to

Juvenile dependency neglect abuse disposition

In a juvenile dependency, neglect, and abuse case, the GAL must file a written report and make recommendations at disposition.

6) The GAL shall file a written report and make recommendations at the disposition of a juvenile dependency, neglect, and abuse case.

CRITICAL

Applies to

Petition

Dependency, neglect, and abuse petitions must be filed in accordance with FCRPP 20.

All Petitions for Dependency, Neglect, and Abuse shall be filed in accordance with FCRPP 20.

CRITICAL

Applies to

Summons

If a case is reassigned or transferred, the issuing judge must re-issue a summons pending the receiving judge's hearing of 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.

WARNING

Applies to

Final disclosure statement waiver

The parties may waive exchanging final disclosure statements by mutual agreement if the agreement and waiver are filed in the record.

The parties may waive the exchange of final disclosure statements by mutual agreement, if said agreement and waiver is filed in the record.

WARNING

Applies to

Ex parte motion

In emergency child-custody matters, a party should exhaust remedies with the Cabinet for Families and Children and the County Attorney before filing an ex parte motion, and the motion must describe the action taken.

In matters involving the emergency custody of children, a party should exhaust remedies from the Cabinet for Families and Children and the County Attorney prior to filing an ex parte motion. The motion must describe the action taken to exhaust these remedies.

WARNING

Applies to

Petition

If the County Attorney rejects a petition, the petitioner may file it as a private petition, and the clerk must set it for the next available court date.

If the County Attorney rejects the petition, the Petitioner may file the petition with the Court as a private petition, and the clerk shall set the matter for the next available court date.

WARNING

Applies to

Final disclosure statement

A preliminary disclosure statement may serve as the final statement if there are no changes or objections and notice is filed in the record.

A party's preliminary disclosure statement, exchanged pursuant to FCRPP2(3), may be adopted as a party's final disclosure statement if there have been no changes, no objections thereto, and with notice to the Court filed in the record.

WARNING

Applies to

Agreed judgment of paternity and agreed order of support

In an open paternity case, the parties may submit the agreed judgment and support order for Court review without a motion if the proposed order is signed by all parties.

In any open paternity case, the parties may submit an Agreed Judgment of Paternity and an Agreed Order of Support for the Court's review and approval without filing a motion, so long as the proposed Order has been signed by all parties.

WARNING

Applies to

Motion

Petitioners seeking to initiate contempt proceedings should contact their county attorney or file a written motion specifying the precise alleged violation of a valid existing protective order of which the Respondent has personal notice.

Petitioners seeking to initiate contempt proceedings should contact: Their respective county attorney, or, by the filing of a written motion specifying the precise manner in which the Respondent is alleged to be in violation of a valid existing protective order of which the Respondent has personal notice.

INFOCriminal cases

Applies to

Order of diversion

The Court may include conditions requiring the petitioner to remain drug- and alcohol-free with random testing, avoid violations of the Penal Code or Controlled Substances Act, and possess no firearm or other deadly weapon.

C . The Order of Diversion may include : 1. That the petitioner remain drug and alcohol free and be subject to random testing . 2 . That the petitioner have no violation of the Penal Code or the Controlled Substances Act . 3 . That the petitioner possess no firearm or any other deadly weapon .

CRITICAL

Video copies of in-chamber child interviews may not be released without a specific written order.

No video copies of any in-chamber interviews with a child shall be released by the Circuit Clerk Court without a specific written Order.