Oldham Circuit Court Document Filing Requirements

CRITICAL

Applies to

Emergency custody order

CHFS will file the original order with the 12th Judicial Family Court Clerk's Office; the source text cuts off before specifying any further detail.

CHFS will file the original order with the 12th Judicial Family Court Clerk's Office

CRITICAL

Applies to

Final proof

Final Proof in a dissolution matter must be submitted with a joint written motion and sufficient proof of the statutory facts.

Final Proof in a Dissolution matter shall be submitted to the Court upon a joint written motion, with necessary proof, that is sufficient to prove the statutorily require facts.

CRITICAL

Applies to

Required documents

The parties must file and exchange all documents required by the applicable rules, including final disclosure statements, by the deadlines those rules set.

7. The parties shall file and exchange all required documents under the Civil Rules, the Family Court Rules of Practice and Procedure, or the local rules of this jurisdiction, including final disclosure statements by the deadlines set forth therein.

CRITICAL

Applies to

Preliminary verified disclosure statement

Both parties must provide Preliminary Verified Disclosure Statements whenever either or both parties are unrepresented.

Preliminary Verified Disclosure Statements are required of both parties whenever one or both parties are unrepresented by counsel.

CRITICAL

Applies to

Motion for shock probation

Counsel for a defendant seeking shock probation must file the motion and notice it for a Motion Docket pursuant to KRS 439.265.

Counsel for a defendant making a Motion for Shock Probation shall file and notice the matter for a Motion Docket pursuant to KRS 439.265.

CRITICAL

Applies to

Mediation agreement

Any mediation agreement must be written and signed by the parties and their counsel; the parties are responsible for drafting it, though they may request the mediator’s assistance.

If an agreement is reached during the mediation conference, it shall be reduced to writing and signed by the parties and their counsel. The parties shall be responsible for the drafting of the agreement, although the mediator may assist in the drafting of the agreement at the request of the parties.

CRITICAL

Applies to

Mediation report

If no agreement is reached, the mediator must report the status and outcome of mediation to the Court and may, with the parties’ consent, identify matters that could facilitate settlement.

If no agreement is reached, the mediator shall report to the Court that the mediation has not been completed, or that the mediation has been completed with or without an agreement on any or all issues. With the consent of the parties, the mediator may also identify those matters, which, if resolved or completed, would facilitate the possibility of a settlement.

CRITICAL

Applies to

Pleadings and entry of appearance

Counsel must provide specified office and contact information on the pleadings and in the entry of appearance.

On the pleadings and in the entry of appearance, counsel shall set forth counsel's office, address, mailing address, telephone number, fax number, and e-mail address.

CRITICAL

Applies to

New action

New allegations or removal requests after a child achieves permanency must be filed as a new action.

Any new allegation or request for removal after a child has achieved permanency shall be filed as a new action.

CRITICAL

Applies to

Writ of possession

If the property is occupied when the Deed issues, the Buyer must obtain a writ of possession; the judgment alone does not give possession.

Should the property be occupied at the time a Deed is issued, Buyer must obtain a writ of possession to set out the occupants; no judgment shall automatically result in possession.

CRITICAL

Applies to

Filed paper

Every filed pleading, motion, or other paper must include the case number and 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 counsel or party shall contain the case number, typed or printed name, address, telephone number and e-mail address of the attorney or party signing the paper.

CRITICAL

Applies to

Written motion

A person seeking an order for confidential video records must file a written motion, notify all parties including any child’s Guardian ad Litem, and state the request’s purpose.

An individual requesting a judicial order must file a written motion, with notice to all parties, including the child’s Guardian ad Litem, if any, and set forth the purpose for the request.

CRITICALCivil cases

Applies to

Mediation agreement

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

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

CRITICAL

Applies to

Condensed deposition transcript

If a deposition is the subject of a motion, the relevant pages of its condensed transcript must be filed in the record.

Relevant pages of a condensed deposition transcript shall be filed in the record if the deposition is the subject of any motion before the Court.

CRITICAL

Applies to

Domestic violence order petition

A domestic violence order petition must conform to KRS 403.725.

- B. Each petition for a domestic violence order shall conform with the requirements of KRS 403.725, and each petition for an interpersonal protective order shall conform with the requirements of KRS 456.030.

CRITICAL

Applies to

Order of distribution

An Order of Distribution tendered 120 days after the sale must be docketed for Motion Hour and may be granted only with leave of Court for good cause shown.

Any Order of Distribution tendered 120 days after date of sale shall be required to be docketed for Motion Hour and will only be granted by leave of Court for good cause shown.

CRITICAL

Applies to

Pretrial memorandum

The pretrial memorandum must use the Court-supplied form and outline all issues in dispute to be tried.

a. A pretrial memorandum on the form supplied by the Court outlining all issues in dispute to be tried;

CRITICAL

Applies to

Petition

Petitions must contain the AOC-DNA-1 form contents, jurisdictional statutory citations and factual allegations, and full parent contact information; petitioners must diligently try to locate the parents, including by contacting the County Attorney's Child Support Division.

Any petition filed with this Court shall contain: - 1. The contents of the official AOC-DNA-1 (Juvenile Dependency/Neglect or Abuse Petition) form; - 2. Citations to the specific statute and factual allegations relied upon for asserting the Court's jurisdiction; and - 3. Full information concerning the child's parents and their address(es), email address(es), and phone number(s). The Petitioner shall make diligent efforts to locate the child's parents, including but not limited to initiating contact with the County Attorney's Office - Child Support Division.

CRITICAL

Applies to

Motion

Must include

proposed order

In Termination of Parental Rights actions requiring a GAL, a pro se party or counsel must move for appointment and tender an appointment order.

A. In all actions for Termination of Parental Rights that require the appointment of a guardian ad litem, a party pro se or counsel shall make a motion and tender an order for appointment of a guardian ad litem for the child(ren).

CRITICAL

Applies to

Entry of appearance

Upon being retained, counsel must file a written entry of appearance unless the appearance is apparent from filed pleadings.

In all cases, upon being retained, counsel shall file a written entry of appearance, unless counsel's entry of appearance is apparent from pleadings filed.

CRITICAL

Applies to

Pre trial memorandum

A petitioner or respondent must submit a pre-trial memorandum.

_____ Petitioner's OR _____ Respondent's (check one) Pre-trial Memorandum (to be submitted 14 days prior to trial date)

CRITICAL

Applies to

Petition

Every petition in a Termination of Parental Rights action must comply with KRS 625.020 et seq.

Every petition in a Termination of Parental Rights action shall comply with the requirements set forth in KRS 625.020 et. seq.

CRITICAL

Applies to

Petition

Before seeking an Emergency Custody Order, the petitioner must have the Petition reviewed by the appropriate CHFS office and County Attorney for the sufficiency of its allegations.

Persons seeking an Emergency Custody Order (ECO) shall first have the Petition reviewed by the appropriate Cabinet for Health and Families Services (CHFS) Office and the appropriate County Attorney to assess the sufficiency of the allegations in conformity with the 12th Judicial Family Court Rule 603 below.

CRITICAL

Applies to

Termination of parental rights petition

A petition for termination of parental rights must comply with the requirements in KRS 625.020 et seq.

and every petition for termination of parental rights shall comply with the requirements for termination of parental rights cases as set out in KRS 625.020 et seq.

CRITICAL

Applies to

Final pre trial conference

At the Final Pre-Trial Conference, the Commonwealth and the Defendant must represent that they made a good-faith effort to resolve the matters complained of in the indictment.

The Commonwealth and the Defendant must represent to the Court that a good faith effort has been made to resolve the matters complained of in the indictment.

CRITICAL

Applies to

Motion

Plaintiff’s counsel must file with the motion an affidavit stating that a title search was conducted before the foreclosure action was filed.

Plaintiff's Counsel shall file with the Motion an Affidavit that a Title Search has been conducted prior to filing any action for foreclosure.

CRITICAL

Applies to

Notice of settlement

When a settlement resolves issues set for hearing or trial, the parties must notify the Court; the notice may be included in their Agreed Order.

If the parties reach a settlement resolving issues to be heard at a hearing or trial, the parties shall file notice with the Court, and contact Family Court staff at (502)222-2490 to remand the motion from the Court's docket. The notice to the Court to remand may be contained in the Agreed Order of the parties.

CRITICAL

Applies to

Dispositional report

The Dispositional Report must be submitted on form AOC-DNA-12.

The Dispositional Report shall be submitted on form AOC-DNA-12.

CRITICAL

Applies to

Trial preparation documents

Each party must file and exchange a pretrial memorandum, witness list, and exhibit list at least fourteen days before trial.

2. At least fourteen (14) days in advance of the trial date, each party shall file and exchange the following information: - a. A pretrial memorandum on the form supplied by the Court outlining all issues in dispute to be tried; - b. A list of all witnesses that may be called to testify; and - c. A list of all exhibits that may be introduced.

CRITICAL

Applies to

Domestic violence or interpersonal protective order petition

A DVO or IPO petition must be verified.

- A. Per KRS 403.725 and 456.030, during regular work hours, a verified petition for Domestic Violence Order (DVO) of protection or Interpersonal Protective Order (IPO) shall be filed at the Circuit Clerk's Office in the county where petitioner resides or in the county to which Petitioner has fled to escape domestic violence and abuse.

CRITICAL

Applies to

Motion

A motion must be accompanied by notice of its hearing date or it will be summarily overruled, unless good cause is shown.

Any motion not accompanied by notice of date for hearing shall be summarily overruled except for good cause shown.

CRITICAL

Applies to

Final verified disclosure statement

Final Verified Disclosure Statements must be filed without attachments.

Final Verified Disclosure Statements shall be filed in the record without attachments.

CRITICAL

Applies to

Complaint

If a mobile home is known to be on the real estate, its record title holder and any lien holder different from the real estate's record owner must be made parties to the action.

(b) If it is known that a mobile home is located on the real estate, then the record title holder and lien holder, if different from the record owner of the real estate, shall be made a party to the action.

CRITICAL

Applies to

Alternative order or judgment

If opposing counsel finds a proposed order or judgment unsatisfactory, counsel must present that party’s alternative version to the Court.

If the proposed order or judgment is not satisfactory to opposing counsel, counsel shall immediately make any objections known to the Court and present that party's alternative version of the order or judgment.

CRITICAL

Applies to

Stipulation of facts

After the pre-trial conference, the parties must file a Stipulation of Facts.

Upon completion of said conference, the parties shall file a Stipulation of Facts to avoid unnecessary proof or delay.

CRITICAL

Applies to

Proposed order

The party who sought judgment and an order of sale must prepare proposed Orders of Distribution and set them for Motion Hour.

All motions for proposed “Orders of Distribution” shall be prepared by the party who sought judgment and order of sale. All proposed “Orders of Distribution” shall be set for motion hour, served upon non-defaulting parties and the Master Commissioner with notice at least 10 days prior to Motion Hour.

WARNING

Applies to

Trial witnesses and exhibits

Witnesses and exhibits not identified at least fourteen days before trial are barred unless good cause is shown.

4. Witnesses or Exhibits not identified at least fourteen (14) days in advance of the trial shall not be permitted at trial except upon good cause shown.

WARNING

Applies to

Mediation materials

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

Applies to

Settlement agreement or motion to enter a guilty plea

For a settlement before the scheduled trial date, the Court may require the parties to appear in person or by video conference to put the settlement agreement or guilty-plea motion on the record rather than wait for the next available criminal docket.

If settlement of a case occurs prior to the scheduled trial date, the Court, in its discretion, may require the parties to appear in court, either physically or through the use of video conference technology, to place their settlement agreement or Motion to Enter Guilty Plea on the record, rather than wait for the next available criminal docket as set forth in subsection (a).

WARNING

Applies to

Case law

Case law may be tendered to the Court but must not be filed as an attachment unless the Court orders otherwise.

- (d) Case law may be tendered to the court but shall not be filed as an attachment unless ordered by the Court.

WARNING

Applies to

Agreement or agreed order

Attorneys may sign for clients but must state the method of authority on the signature line.

Attorneys may sign for their clients but must state on the signature line the method of authority.

WARNING

Applies to

Pretrial memorandum

Issues omitted from the Pretrial Memorandum will not be heard unless good cause is shown.

3. Issues not identified in the Pretrial Memorandum shall not be heard except upon good cause shown.

WARNING

Applies to

Filed paper

A rubber stamp does not count as a signature under this rule or CR11.

A rubber stamp shall not be deemed a signature either under this rule or CR11.

WARNING

Applies to

Written notice

The Court requests that the Master Commissioner appear and object to an incorrect proposed Order of Distribution or, alternatively, serve written notice of the error before Motion Hour.

The Court requests the Master Commissioner appear and object if the proposed Order of Distribution is incorrect, or, in the alternative, serve written notice of any error prior to the date set for Motion Hour.

WARNING

Applies to

Discovery

Discovery must not be filed in the record when requested or answered, but may be attached to a motion to compel or for another purpose.

Discovery shall not be filed in the record at the time of request or upon being answered. This rule does not prohibit a party from attaching discovery to a motion to compel or some other purpose.

WARNING

Applies to

Appraisal

An appraisal is valid for six months, after which a new appraisal must be conducted.

All appraisals are valid for six months, afterward, a new appraisal must be conducted.

WARNING

Applies to

Affidavit of indigency

When a parent requests appointed counsel and supports the request with an affidavit of indigency, the Clerk must bring related Dependency Neglect and Abuse files to the Court.

B. Whenever a parent in an action for involuntary termination of parental rights request an appointment of counsel, supported by an affidavit of indigency, the Clerk shall bring the court any related Dependency Neglect and Abuse file(s).

WARNING

Applies to

Original deposition

Deposition originals must not be filed; the noticing attorney must keep the original deposition and video recording and present them when directed by the Court or a party to the proceeding.

- (b) Originals of depositions shall not be filed in the Court record. The attorney who noticed the taking of a deposition shall be custodian of the record for the original deposition (and video recording) and shall present it when directed by the Court or any party involved in the proceedings.

WARNING

Applies to

Discovery documents

Interrogatories and responses, requests for production or inspection and responses, requests for admission and responses, and medical records must not be filed with the Circuit Clerk unless an exception under CR 5.06(2) or (3) applies.

- (a) None of the following pleadings, papers, or portions thereof, shall be filed with the Circuit Clerk, unless the filing is in accordance with an exception found in CR 5.06(2) & (3). - a. Interrogatories propounded under CR 33 and responses thereto. - b. Requests for Production or Inspection made under CR 34 and responses thereto. - c. Requests for admissions under CR 36 and responses thereto. - d. Medical Records.

WARNING

Applies to

Distribution request

After entry of the appropriate judgment, subsequent lien holders are responsible for requesting distribution of any remaining funds to which they may be entitled.

All subsequent lien holders have the responsibility of requesting distribution of any remaining funds they may be entitled to, after entry of appropriate judgment.