Ohio County Circuit Court, Kentucky Document Filing Requirements

CRITICALCriminal cases

Applies to

Commonwealth recommendation

The Commonwealth must submit a written recommendation to the Court in response to every pretrial diversion application.

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

CRITICAL

Applies to

Motion

Must include

proposed order

The moving party must file a proposed order with the motion and serve the order and motion on the other attorneys of record or unrepresented parties within a reasonable time, generally by hand service within three days.

(4) The moving party shall file with the motion a proposed order to be entered and serve the order, together with the motion, on all other attorneys of record, or the partics if unrepresented, within a reasonable time, but generally, in hand servicc, within three (3) days.

CRITICALCriminal cases

Applies to

Order of pretrial diversion

The diversion order must address restitution if applicable, supervision status and applicable fees, duration, compliance with Probation and Parole rules, and the defendant’s obligation not to commit an offense and to comply with applicable statutory or court-imposed 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 . Direct that the defendant shall not commit any offense during the period of the pretrial diversion and to comply with any other provision of KRS 533 .030 or any other condition the Court deems appropriate .

CRITICAL

Applies to

Witness list

Witnesses on the exchanged list must be identified by name and address and accompanied by a summary of their anticipated testimony.

Witnesses shall be identified by name, address, and summary of anticipated testimony.

CRITICAL

Applies to

Motion

A moving attorney must file a motion and give notice to have a case set for trial.

(2) No cases will be set for trial without motion and notice by the moving attorney.

CRITICAL

Applies to

Order

Must include

certificate of service

An order without a “Have Seen” must include a certificate of service showing that all attorneys of record were served with a copy.

Orders not containing a "Have Seen" shall contain a certificate of service showing that all attorneys of record have been served with a copy

CRITICAL

Applies to

Written objection to dismissal

A party objecting to dismissal must file a written objection before the scheduled dismissal date and appear to argue it.

A party objecting to dismissal shall file a written objection to the dismissal prior to the scheduled date of dismissal and shall appear to argue the objection to the dismissal.

CRITICAL

Applies to

Order of sale

For an occupied building, the order of sale must authorize the Master Commissioner to enter and show the premises to appraisers and prospective purchasers.

If a building is occupied, the order of sale must give the Master Commissioner authority to enter to show the premises to appraisers and prospective purchasers.

CRITICAL

Applies to

Case management conference order

The case management conference order must state the conference date and time and identify items that must be filed beforehand.

A case management conference order shall be entered by the Court setting out the date and time of the conference along with the items that must be filed prior to the conference.

CRITICAL

Applies to

Motion for leave to withdraw

An attorney seeking to withdraw from a civil or criminal case must file a motion for leave to withdraw with a notice setting a hearing on a motion day.

The attorney desiring to withdraw from either a civil or criminal case shall file a motion for leave to withdraw with a notice setting the motion for a hearing on a motion day.

CRITICALCriminal cases

Applies to

Written recommendation

When recommending diversion, the Commonwealth must submit written recommendations stating 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 .

CRITICAL

Applies to

Opinion of title

The title opinion must accurately describe the property and include the listed title, ownership, lien, and tax information; the available text ends during the final tax-information requirement.

(3) The document may be either an opinion of title addressed to the Commissioner, or it may be a copy of an opinion addressed to the moving party or to the party's attorney, and it shall include an accurate description of the property and: (a) Complete sources of title of all persons with present and inchoate interests of record; (b) Exact fractional interest of title owners holding jointly; (c) All unreleased liens of record and the approximate present payoff required to release each lien (according to lienholder); and (d) All tax bills and certificates of delinquency payable within statute of limitations, including amount payable (with penalty), number of bill or certificate of delinquency, and date of certificate of delinquency or, if sold to a third party, date of

CRITICAL

Applies to

Notice of motion

A notice for a motion filed under CR 78(2) must state the prescribed text, including that no oral hearing is requested and the motion has been served on all parties, including the client.

(7) All motions that do not require a hearing may now be filed pursuant to CR 78(2). The notice of any motion filed under this rule shall state the following: "This motion is filed pursuant to CR 78(2). In order to expedite the business of the court, the movant does not request an oral hearing on this motion. This motion has been served upon all parties, including the client. In order to allow time for written objections or requests for an evidentiary hearing to be filed in this matter, the Clerk shall place this motion on the next available motion day after ten (10) days from the date of filing. Should no written objections be filed at that time, the Court may enter the attached tendered order."

CRITICAL

Applies to

Agreed order

Agreed orders must be forwarded to the Clerk for the Judge’s signature, without notice for placement on the motion-day docket.

All agreed orders shall be forwarded to the Clerk of the respective Court for the Judge's signature without the neccssity of noticing the same for placement on the motion day docket.

CRITICALCriminal cases

Applies to

Court record

If the diversion agreement is accepted, the record must contain a specific finding that the defendant entered the plea and agreement voluntarily, freely, intelligently, and understandingly.

If it is accepted, a specific finding shall be made on the record that the defendant entered the plea AND entered into the diversion agreement voluntarily, freely, intelligently and understandingly .

CRITICAL

Applies to

Motion

A motion submitted for determination without oral hearing must include a brief supporting statement and the notice specified in LRP 13.

If a movant wishes to submit a motion for determination without oral hearing, the motion shall include a brief written statement in support of the motion and the following notice: This motion is filed pursuant to LRP 13. In order to expedite the business of the Court, the movant submits this motion for determination without oral hearing. Any party wishing to object to the motion, request an oral hearing, or otherwise respond to the motion shall file said response within 10 days from the date of filing of the motion. Any such response shall include a brief written statement supporting the respondent's position on the motion.

CRITICAL

Applies to

Response

A response to a motion submitted for determination without oral hearing must include a brief written statement supporting the respondent's position.

Any such response shall include a brief written statement supporting the respondent's position on the motion.

CRITICALCriminal cases

Applies to

Pretrial diversion application

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

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

Judgment and final sentencing order

For criminal cases, the Clerk must specify the mode of delivery for judgments and final sentencing orders.

In criminal cases, the Clerk shall specify mode of delivery of judgments and final sentencing orders.

CRITICAL

Applies to

Staff attorney report

The staff attorney's report must identify resolved and unresolved issues, the parties, attending attorneys, and other relevant information discussed at the conference.

The staff attorney shall preparc a report that sets out the resolved and unresolved issues, the parties, and the attorneys that appeared at the conference, along with any other relevant information that was discussed at the conference.

CRITICAL

Disclose to the Commissioner, before filing a motion for distribution, specific payable costs not recited in the judgment and order of sale or title opinion and not included in a party's fees-and-costs motion.

Specific costs payable other than those recited specifically in judgment and order of sale or opinion of title that will not be included in a party's motion for fees and costs, must be disclosed to the Commissioner before motion for distribution.

CRITICAL

Applies to

Domestic violence action

Must include

case number

A domestic violence action must receive a D case number and trailer number in the court case management system.

A domestic violence action shall be assigned a "D" case number and trailer number within the court case management system and may not be consolidated with any other case type.

CRITICAL

Applies to

Mediation report

The mediator must file a report with the Court stating the results of the mediation conference.

The mediator shall file a report with the Court setting out the results of the mediation conference.

CRITICAL

Applies to

Agreed order

An attorney sending an agreed order by email must certify that it is agreed or provide an email showing the other attorney’s agreement.

The attorney sending an E-mail order shall certify that it is an agreed order or send a copy of an E-mail from the other party(ies) attorney(s) that she or he agrees to the order.

CRITICAL

Applies to

Recusal and transfer order

An order recusing and transferring a case between divisions must be signed by both judges.

An order recusing the Judge and transferring the case from one Division to the other will be entered with both Judges signing off on that order.

CRITICAL

Applies to

Ex parte custody motion

Except for the specified emergency and protective-action exceptions, a party seeking ex parte custody-related relief must provide the listed information under oath to the extent of their knowledge.

Except when seeking emergency custody in a juvenile dependency, neglect or abuse action or temporary custody in a domestic violence or interpersonal protective action, a party seeking ex parte relief from the Court related to custody, parenting time, time-sharing, or visitation shall, in addition to satisfying the requirements of FCRPP 2(8)(a), provide the following information to the Court, under oath, to the extent of the party's knowledge: (1) The name of each person claiming custodial rights to, or exercising custodial control or supervision of, the child(ren), and of each resident of each such person's home; (2) The criminal conviction history of each person claiming custodial rights to, or exercising custodial control or supervision of, the child(ren), and of each adult who resides with each such person; (3) The status and outcome of any investigation by a child protective services agency of each person claiming custodial rights to, or exercising custodial control or supervision of, the child(ren), and of each resident of each such person's home; and (4) The status and outcome of any domestic violence action, including interpersonal protective actions, involving each person claiming custodial rights to, or exercising custodial control or supervision of, the child(ren), and of each resident of each such person's home.

CRITICAL

Applies to

Pretrial conference materials

Counsel must bring briefs on unusual legal issues, proposed jury instructions, a statement of trial issues and what must be established to prevail, a list of exhibits, and stipulations of uncontested facts to the Pretrial Conference.

5. Counsel shall prepare and bring the following to the Pretrial Conference, in addition to exhibits: Briefs on unusual legal issues Proposed jury instructions. A statement of the issucs to be resolved by trial and what you must establish in order for your client to prevail. D. A list of exhibits. E. Stipulation of facts which are not contested.

CRITICAL

Applies to

Order

All orders must contain a distribution list or similar language.

All orders shall contain a distribution list or language similar to that as set out in the following cxample:

CRITICALCriminal cases

Applies to

Partial presentence report

If the Court is uncertain whether to accept the agreement without a presentence report, a partial presentence investigation and report must be prepared, and the report must be presented to the Court on a date certain for review.

If the Court is uncertain as to whether it will accept the agreement without benefit of a Pre- Sentence Report, a partial presentence investigation shall be conducted by the Division of Probation and Parole, and a partial presentence report shall be prepared and presented to this court on a date certain for when this case is set down on the court docket for review

CRITICAL

Applies to

Agreement

An agreement relying on standard parenting guidelines or a standard parenting conduct order must identify the standard used and attach a copy.

Any agreement that relies upon standard guidelines for parenting time, time-sharing, or visitation, or upon a standard parenting conduct order, shall specify the standard guidelines or order which the parties are utilizing, and the parties shall attach a copy of the standard guidelines or order to the agreement.

CRITICAL

Applies to

Uncontested adoption hearing request

For an uncontested adoption, the petitioner must tender proposed findings of fact, conclusions of law, and judgment before requesting a final hearing date.

Except for good cause shown, a final adoption hearing shall not be scheduled on a regular motion day, and, when the adoption is uncontested, the petitioner shall tender proposed findings of fact, conclusions of law, and judgment prior to requesting a final hearing date.

CRITICAL

Applies to

Proposed order

When a tendered order does not accurately reflect a ruling, the prevailing party must prepare the proper order and tender it to the Court within five business days.

(1) When a court ruling has been made in any case where the tendered order does not accurately reflect the Court's ruling, the prevailing party shall prepare the proper order and tender to the Court personally or by U.S. mail or e-mail within five (5) business days.

CRITICAL

Applies to

Petition for order of protection

A petition must be verified by the circuit clerk, an oath-authorized official, or an individual authorized by the protocol when the clerk's office is closed or inaccessible due to an emergency.

The petition shall be verified by the circuit clerk, any official authorized to administer oaths (including, but not limited to, a notary public), or, when applicable, any individual authorized by this protocol to verify petitions when the local circuit clerk's office is closed or otherwise inaccessible due to an emergency.

WARNING

Applies to

Order of sale

Posting, display advertising, professional auctioneer service, and on-site sale require a specific order and budget; do not include posting in the order of sale without a budget, and posting is not required by law.

(6) Posting, Display advertising, Professional auctioncer service, and Sale on site require specific order and budget. Pleasc note that Posting is not required by law: KRS 426.200(2), 426.560; Ward v. Vanhoose, 222 Ky. 135, 300 SW 337 (1927). Please do not include Posting in your order of sale without budget: Miller v. Cisco, 279 Ky. 440, 130 SW 2d 783 (1939).

WARNING

Applies to

Jury instructions

Proposed instructions are to be tendered to the Court and opposing counsel at the final pretrial conference.

To tender proposed instructions to the Court and opposing counsel;

INFO

Applies to

Petition for order of protection

When the circuit clerk's office is closed or inaccessible due to an emergency, the listed officials and shelter or crisis-center personnel may provide and verify petitions.

When the local circuit clerk's office is closed or otherwise inaccessible due to an emergency, the following individuals are authorized to provide and verify petitions: law enforcement officers and dispatchers, jailers and their employees, Commonwealth's attorneys and staff, county attorneys and staff, and employees and agents of regional rape crisis centers and domestic violence shelters.

INFO

Applies to

Petition for order of protection

Any person authorized to administer oaths, including a notary public, may verify petitions at any time.

Any person authorized to administer oaths, including, but not limited to, a notary public, may verify petitions at any time.

INFOCriminal cases

Applies to

Order of pretrial diversion

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

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 .

INFO

Applies to

Order of sale

An order of sale need not include specific provisions for notice or advertisement because sales are advertised according to law.

Since all sales are advertised according to law, it is not necessary to include specific provisions of notice or advertisement in order of sale.