Oldham Circuit Court Document Filing Requirements

CRITICAL

Applies to

Notice

Should the agreement resolve all issues for which a hearing has been scheduled, the parties shall file notice with the Court, which may be within the agreed order, and notify Court Staff, (502)222-2490, that the hearing is remanded from the Court's docket.

Should the agreement resolve all issues for which a hearing has been scheduled, the parties shall file notice with the Court, which may be within the agreed order, and notify Court Staff, (502)222-2490, that the hearing is remanded from the Court's docket.

CRITICAL

Applies to

Bond

When a party's property is before the court by constructive service alone, the plaintiff must comply with CR 4.11 regarding bond.

(d) In an action involving the property of a party before the Court by constructive service alone, Plaintiff must comply with CR 4.11 regarding Bond.

CRITICAL

Applies to

Motion for default judgment

Motions for default judgment must include a Military Affidavit with affirmative statements about military service that comply with the Service Members' Civil Relief Act.

- (a) Affirmative statements as to military service which complies with the Service Members' Civil Relief Act, 50 U.S.C. App 501, et seq. are required as Military Affidavits in Motions for Default Judgment.

CRITICAL

Applies to

Order of distribution

Orders of Distribution must state the amounts collected, including the advance costs deposit, itemize all fees and costs, and substantially comply with the appended form.

Orders of Distribution of funds held by the Master Commissioner shall set forth the amounts collected, including the advance costs deposit referenced in 6.1(2) above. All fees and costs must be itemized on the Order of Distribution and shall substantially comply with the form appended herein.

CRITICAL

Applies to

Court order

The Clerk shall grant file access after the Judge reviews and signs an order authorizing access.

After review and signature of a Court Order by the Judge authorizing access to the file, the Clerk shall grant the attorney access.

CRITICAL

Applies to

Report

A final hearing date cannot be assigned until the GAL report and the Cabinet or other agency report are filed in the record.

Pursuant to KRS 199.515, no adoption proceeding shall be assigned a final hearing date until the report of the GAL, and the report of the Cabinet, or other agency, is filed in the record.

CRITICAL

Applies to

Complaint

If the mobile home has been converted to real estate under KRS 186A.297, a file-stamped copy of the Affidavit of Conversion with recording information must be attached to the Complaint.

If the mobile home has been converted to real estate pursuant to KRS 186A.297, a file stamped copy of the Affidavit of Conversion with recording information shall be attached to the Complaint.

CRITICAL

Applies to

Pretrial memorandum

A pre-trial memorandum ordered by the Court must use the Court-supplied form and be filed as a legal pleading by the deadline set by the Court.

Said pre-trial memorandum shall be on a form to be supplied by the Court with the entry of the Order setting pre-trial deadlines and the filled-in memorandum shall be filed as a legal pleading by the deadline prescribed by the Court.

CRITICAL

Applies to

Trial brief

A party claiming damages must submit an itemized statement of the damages and amounts claimed in its trial brief.

Any party making a claim for damages shall submit an itemized statement of damages and amounts claimed in the trial brief.

CRITICAL

Applies to

Motion

A motion must be accompanied by notice stating the hearing date and the date notice was given to opposing counsel, unless good cause is shown.

Any motion not accompanied by notice of the date for the hearing and date of notice to opposing counsel shall be summarily overruled except for good cause shown.

CRITICAL

Applies to

Agreements and agreed orders

All Agreements and Agreed Orders must include the attorneys’ correct mailing and e-mail addresses.

All Agreements and Agreed Orders shall contain the correct mailing addresses and e-mail addresses for the attorneys.

CRITICAL

Applies to

Paternity affidavit

A party requesting approval of an agreement establishing paternity for a person outside the marriage must submit a Three-Way Paternity Affidavit Form (VS-8C).

In the event that a party to a dissolution action requests that the Court approve an agreement to establish paternity for a person outside the marriage, the party shall submit a Three-Way Paternity Affidavit Form (VS-8C), which may be obtained from the Office of Vital Statistics (https://www.chfs.ky.gov/agencies/dph/dehp/vsb/pages/default.aspx).

CRITICALCivil cases

Applies to

Mediator report

The mediator must report to the court whether mediation did not occur, was not completed, or was completed with or without 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 .

CRITICAL

Counsel seeking withdrawal generally must obtain relief by written motion and notice, but the Court may permit an oral motion for good cause if the litigant's interests are not adversely affected.

Once having entered appearance, counsel shall remain of record, unless relieved of responsibilities by the Court upon written motion and notice (with copy of said motion served upon the client), until expiration of the time for filing a notice of appeal after the entry of a final judgment or order. For good cause shown, the Court may permit oral motions to withdraw so long as the interests of the litigant are not adversely affected.

CRITICAL

Applies to

Motion

Plaintiff's counsel must file an Affidavit of Military Service with the motion for each constructively served defendant.

(b) Plaintiff's Counsel shall file with the Motion an Affidavit of Military Service for each constructively served Defendant.

CRITICAL

Applies to

Final paperwork

Must include

proposed order

Counsel must submit all necessary final paperwork and proposed orders, including Findings of Fact and Judgment of Adoption, for Court review unless the Court orders otherwise.

Counsel shall tender all necessary final paperwork and proposed orders to the Court fourteen days prior to the hearing for review, including Findings of Fact and Judgment of Adoption except as otherwise ordered by the Court.

CRITICAL

Applies to

Transport order

For an incarcerated subpoenaed witness, the party calling the witness must submit a transport order stating appropriate times and locations to the Court at least seven days before the desired appearance.

If any subpoenaed witness is incarcerated, the party on whose behalf the witness is to testify shall submit a transport order, with appropriate times and locations, to the Court at least seven (7) days in advance of the desired appearance.

CRITICAL

Applies to

Complaint and judgment and order of sale

If the property has a mobile home or other structure requiring a title certificate, the Complaint and Judgment and Order of Sale must identify it, provide its specified details, and state whether it is part of the real estate or separately titled.

(a) If a mobile home, or other structure requiring a certificate of title is located on the property, it shall be noted in the Complaint and Judgment and Order of Sale along with the year, make, model and VIN of said mobile home. It shall be stated whether the mobile home or other structure is a part of or affixed to the real estate or titled separately.

CRITICAL

Applies to

Amended complaint or court order

If an unmentioned mobile home is identified, the Master Commissioner must notify the moving party and pause the sale until the issue is addressed by an Amended Complaint or further court order.

(c) In the event the “appraisal” report indicates the presence of a mobile home not mentioned in the Complaint, or the matter comes to the attention of the Master Commissioner, the Master Commissioner shall notify the Plaintiff or other party moving for sale and shall not proceed with the sale until the issue has been addressed by Amended Complaint or further Order of the Court.

CRITICAL

Applies to

Agreed order of dismissal

Upon settlement of a civil action, prepare an Agreed Order of Dismissal signed by all parties or counsel and tender it to the presiding judge.

An Agreed Order of Dismissal, signed by all parties or their counsel, shall be prepared and tendered to the presiding judge for signature upon the settlement of any civil action.

CRITICAL

Applies to

Expense submission

Must include

proposed order

Expenses paid by prospective adoptive parents must be submitted by signed affidavit or verified motion, together with a tendered order approving the expenses.

Any expenses paid by the prospective adoptive parent(s) shall be submitted to the Court by affidavit or verified motion, signed by prospective adoptive parent(s) along with a tendered order approving expenses.

CRITICAL

Applies to

Written instructions

Submit written instructions reflecting the parties’ then-current understanding of the issues and law at or before the Pre-Trial Conference.

- c. At or before the Pre-Trial Conference, submit written instructions incorporating the parties' then understanding of the issues and the law, without prejudice to the right to present further instruction as may be indicated by subsequent proceedings;

CRITICAL

Applies to

File access request

An attorney seeking to review or copy a paternity case file for representation purposes must submit a written, signed request to the Clerk stating the reason for the request.

An attorney seeking permission to review and/or copy a paternity case file for reasons relating to representation of a party in that action, shall submit a written and signed statement to the Clerk of the Court requesting permission to inspect said Court file and outlining his/her reason for that request.

CRITICAL

Applies to

Emergency custody order request

An emergency custody order request must be written and accompanied by an affidavit containing the AOC-DNA-2.1 contents and alleging dependency, abuse, or neglect.

Any request for an emergency custody order in a dependency, neglect and abuse case shall be in writing and shall be accompanied by an affidavit for emergency custody order which contains the contents of the official AOC form, AOC-DNA-2.1 (Affidavit for Emergency Custody Order), and which alleges dependency, or abuse or neglect.

CRITICAL

Applies to

Adoption petition

An adoption petition must comply with the adoption-case requirements in KRS 199.470 and 199.490.

Every petition for adoption shall comply with the requirements for adoption cases as set out in KRS 199.470, 490;

CRITICAL

Applies to

Agreements and agreed orders

Agreements and Agreed Orders addressing substantive non-procedural matters must be signed by the parties and, if represented, their attorneys.

All Agreements and Agreed Orders that contain substantive non-procedural matters shall be signed by the parties and, if represented, by their attorneys.

CRITICAL

Applies to

Stipulation of facts

Before a hearing on a listed motion may be scheduled, the parties must submit a Stipulation of Facts.

No case involving the County Attorney shall be scheduled for a hearing on a Motion for Trial, Motion for Judgment on the Pleadings, Motion for Summary Judgment, or Motion for Child Support without first participating in a pre-trial conference and submitting a Stipulation of Facts as outlined herein.

CRITICAL

Applies to

Affidavit for costs and attorneys fees

A petitioner-signed affidavit for costs and attorney’s fees must be filed with the Court and is subject to Court approval.

An affidavit for costs and attorney's fees, signed by the Petitioner(s) must be filed with the Court, and are subject to approval by the Court.

CRITICAL

Applies to

Appearances waivers and agreements

Unrepresented parties must sign and acknowledge Appearances, Waivers, and Agreements before a notary or deputy clerk.

Unrepresented parties must sign and acknowledge Appearances, Waivers, and Agreements before a notary or deputy clerk.

CRITICAL

Applies to

Affidavit

A party electing to pay delinquent taxes directly must provide the Court an affidavit served on the Commissioner’s Office that lists the specified tax and lien information and attaches proof of payoff.

If such election is made under this provision, the party shall provide an affidavit to the Court with service upon the Commissioner’s Office, listing all delinquent taxing authorities and lien holders; amount owing; tax year; and that all delinquent taxing authorities and tax lien holders have been paid and attach proof of the delinquent tax payoff.

CRITICAL

Applies to

Petition

In sibling proceedings, a separate petition must be filed for each child, and the clerk must assign each child an individual case number.

In proceedings involving siblings, separate petitions shall be filed for each child and individual case numbers shall be assigned by the clerk of the court.

CRITICAL

Applies to

Petition

A petition must first undergo County Attorney legal-sufficiency review; if rejected, it goes to the Family Court Judge, and an approved petition must be initialed for filing.

The Petition shall first be submitted to the County Attorney's Office who shall check the Petition for legal sufficiency. If the Petition is rejected by the County Attorney, it shall be submitted to the Family Court Judge for determination of legal sufficiency. If the Judge determines that the Petitions fails to state grounds for action pursuant to KRS Chapter 620, the Petition shall be dismissed. If the Petition is approved, the County Attorney or Judge, as appropriate, shall initial the Petition for filing.

CRITICAL

Applies to

Stipulation of facts

All parties must participate in a pre-trial conference prior to submission of such request and a Stipulation of Facts shall be filed.

All parties must participate in a pre-trial conference prior to submission of such request and a Stipulation of Facts shall be filed.

CRITICAL

Applies to

Order of distribution

When disbursements will go to a taxing authority or tax lien holder, the proposed Order of Distribution must list the recipients and tax bill details, and the Master Commissioner must receive the tax bill with a payoff amount through the following month.

If disbursements are to be made to a taxing authority or tax lien holder, then the taxing authority and tax lien holders, (together with the outstanding tax bill number and year) must be listed in the proposed Order of Distribution, and a copy of the tax bill or bills must be furnished to the Master Commissioner with a payoff amount through the following month.

CRITICAL

Applies to

Petition

The petition must be filed in accordance with the cited statutes and rule.

The Petition shall be filed pursuant to KRS 199.470, 199.490, 199.502, and FCRPP 31.

CRITICAL

Applies to

Summons

When a protective-order case is transferred to another circuit because of a pending dissolution or custody matter, the initiating court must reissue the summons.

Consistent with FCRPP 12, when the case is transferred to another circuit due to a pending dissolution or custody matter, the summons shall be reissued by the initiating court and, if applicable and if service has not been made as of the date of transfer, the EPO or TIPO shall remain in effect for a period not to exceed fourteen (14) transfer or as the court determines is necessary for the protection of the petitioner.

CRITICAL

Applies to

Pleading

All pleadings must provide the personal identifying information required by KRS Chapters 205, 403, 406, and 407.

In addition, 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

Summons

Thereafter, reissuance of the summons shall occur as needed in the court of transfer.

Thereafter, reissuance of the summons shall occur as needed in the court of transfer.

CRITICAL

Applies to

Motion

Each listed motion must be accompanied by a memorandum of authority, subject to the stated exceptions.

6.11 Motions for Summary Judgment, Motions for Judgment on the Pleadings, Motions to Dismiss, Motions to Strike, and Motions under CR 12.02: Except as set forth in these Rules for Judicial Sales, all Motions for Summary Judgment, for Judgment on the Pleadings, to Dismiss, to Strike, and under CR 12.02 shall be noticed, served, and filed at least ten (10) days prior to the date to be heard on Motion Docket with a memorandum of authority. An opposing party shall have twenty (20) days from the date the motion was served to file a brief in Response. Thereafter, the moving shall be allowed seven (7) days to file a Reply brief. No further pleadings shall be allowed without leave of Court or agreement of record of all parties. Within seven (7) days from the close of the pleadings, either party may make a request for an oral argument. If no oral argument is requested then seven (7) days after the close of the briefing, the moving party shall notify the Court the matter is ready for final submission and adjudication by correspondence or AOC-280. The Clerk shall return the file to the Court. *These Rules and procedures do not apply to Motions to Dismiss in cases initiated by an individual presently incarcerated in a state or federal institution.

CRITICAL

Applies to

Case filing

Must include

caption, case number

Family Court case filings must use the specified caption format, including the court name and case number.

B. Cases filed in the Family Court shall be styled as follows: COMMONWEALTH OF KENTUCKY _____ FAMILY COURT CASE NO.: _____

CRITICAL

Applies to

Petition

Petitions must comply with FCRPP 19 and contain the contents of official form AOC-DNA-1.

All petitions shall be filed in accordance with FCRPP 19 and shall contain the contents of the official AOC form, AOC-DNA-1, Dependency, Neglect or Abuse Petition, which is available for use in compliance with this rule.

CRITICAL

Applies to

Proof of training

Court-appointed counsel must provide the Court proof of required training to remain eligible for appointments.

Court-appointed counsel shall provide proof that he or she has completed the required training to the Court to remain eligible for appointments.

CRITICAL

Applies to

Adoption petition

An adoption petition must be filed pursuant to KRS Chapter 199; a GAL must be appointed under FCRPP 30 and 31 unless KRS 199.480(3) applies.

The Petition shall be filed pursuant to KRS Chapter 199, and, in accordance with FCRPP 30 and 31, a guardian ad litem (GAL) shall be appointed for the child(ren) unless the provisions of KRS 199.480(3) are met.

CRITICAL

Applies to

Entry of appearance

An entry of appearance is general unless counsel specifies otherwise on the record, and a limited-purpose appearance must specify the limited scope of representation.

Unless counsel specifies otherwise on the record, an entry of appearance is a general appearance for all purposes. An entry of appearance for a limited purpose shall specify the limited nature of counsel's representation of the client.

CRITICAL

Applies to

Appraisal

Before a sale, the appraisal must be prepared by two qualified disinterested persons and be written and signed by its preparers.

(f) Before any real property is sold under a Judgment and Order of Sale, the appraisal value shall be determined by two disinterested persons both of whom are actively engaged in or have had at least one year of experience in the field of real estate. In accordance with KRS 426.520(2) the appraisal shall be in writing, shall be signed by the persons making it, and shall be filed in the court record prior to sale.

CRITICAL

Applies to

Family court case data sheet

A fully completed Family Court Case Data Sheet is required in every case.

A Family Court Case Data Sheet must be fully completed in all cases.

CRITICAL

Applies to

Motion

Must include

proposed order

Tender a proposed order or judgment with every motion.

A proposed order or judgment shall be tendered with any motion.

CRITICAL

Applies to

Dissolution petition

Every dissolution petition must be filed with a Case Data Information Sheet, Form AOC-FC-3, and a Vital Statistics VS-300 form.

A Case Data Information Sheet, Form AOC-FC-3, and a Vital Statistics VS-300 form shall be filed with any dissolution petition.

CRITICAL

Applies to

Petition

A petition for adoption with consent must be filed in accordance with the cited statutes and rule.

Any Petition for adoption with consent shall be filed pursuant to KRS 199.470, 199.490, 199.500 and FCRPP 31.

CRITICAL

Applies to

Entry and appearance

An Entry and Appearance must not be signed before a petition is filed.

No Entry and Appearance shall be signed prior to filing of a petition.