Owen County Circuit Court, Kentucky Document Filing Requirements

CRITICAL

Applies to

Memorandum

Supporting, response, and reply memoranda must cite the grounds and authority for the requested relief; noncompliance may be grounds to deny the motion.

The supporting memorandum, and any response or reply memoranda, shall cite the grounds and authority for the relief requested. Failure to comply with this rule may be grounds for denying the motion.

CRITICAL

Applies to

Complaint

If the property contains an affixed manufactured or mobile home, attach the Affidavit of Conversion to the complaint, or, if none exists, attach the perfected title lien statement.

If the subject property contains a manufactured or mobile home that has been affixed to the real estate, a copy of the Affidavit of Conversion (see KRS 186A.297) filed with the County Clerk’s Office shall be attached to the complaint. If there is no Affidavit of Conversion, then a copy of the perfected title lien statement shall be attached to the complaint.

CRITICAL

Applies to

Plea agreement

Plea agreements must be written, signed, and submitted before entry of the plea, and no later than 3:00 p.m. on the preceding Thursday.

All plea agreements shall be reduced to writing and submitted to the Court prior to entry of pleas made pursuant to such agreements. All plea agreements must be signed and submitted to the Court no later than 3:00 p.m. the Thursday before the plea is to be taken.

CRITICAL

Applies to

Default judgment motion

The supporting memorandum must state how and when the defaulting party was served, and the military service affidavit must include a printed Department of Defense Manpower Data Center certificate if available.

Furthermore, the supporting memorandum must include a statement of how and when the defaulting party was served, and the military service affidavit shall be accompanied by a printed certificate from the Department of Defense Manpower Data Center, if available.

CRITICAL

Applies to

Foreclosure complaint

A foreclosure complaint must include counsel’s affidavit confirming a title examination and that all lien holders are named as parties.

Any complaint involving a foreclosure sale on a mortgage or other lien shall include an affidavit of the plaintiff’s counsel stating that a title examination was conducted on the subject property and that all lien holders are named as parties.

CRITICAL

Applies to

Motion

Unless a hearing is not required by statute or rule, motions must state the hearing date and time; the date must be a regular Motion Day unless the Court sets another date, and noncompliant motions will not be docketed.

Unless by statute or rule a hearing is not required (see, e.g., LR 209, infra), all motions shall contain a notice of the date and time of the motion’s hearing. The date shall be a regular Motion Day unless the Court has set a different date. Motions in violation of this Rule shall not be docketed.

CRITICAL

Applies to

Joint motion or agreed order

If the parties agree on all issues and seek a decree without a hearing, they must file a joint motion or agreed order containing the listed information and attachments; the excerpt ends during the list of requirements.

(1) If the parties reach an agreement on all issues and seek the entry of a decree without a hearing, the parties shall file a joint motion or agreed order that contains the following information and attachments: (a) The date of marriage and separation; (b) The date the petition for dissolution was filed; (c) The date the respondent was served or filed an entry of appearance; (d) The date the final verified disclosures were filed or an agreed order or affidavit

CRITICAL

Applies to

Response

An opposing party seeking an oral hearing must state that desire and notice the motion for the following motion day.

If a party opposing the motion desires oral hearing, they shall so state and proceed to notice the motion for the following motion day.

CRITICAL

Applies to

Request for fcrpp 6 2 alternative

Counsel requesting an alternative under FCRPP 6(2) must present the facts supporting that alternative.

In requesting one of the alternatives within FCRPP 6(2), counsel for a party shall present those facts of the case that support the alternative requested.

CRITICAL

Applies to

Deposition transcript

Parties must provide complete deposition transcripts rather than excerpts.

Parties shall provide complete transcripts of depositions rather than excerpts, with PDF copies e-filed if possible.

CRITICAL

Applies to

Trial brief

A nonjury trial brief must include the specified facts, issues, positions, authorities, witness and exhibit lists, copyable exhibits, and requested relief; it must also include matters the Court orders and may include other helpful matters.

The brief shall include, at minimum: a concise summary of the facts including which facts are disputed or agreed; the legal issues involved; the party’s position on each legal issue and any supporting authority; a list of witnesses; a list of exhibits and copies of those exhibits that can be copied; and a statement of the specific relief requested. The trial brief shall also contain any other matters as the Court may Order and may contain other matters the party believes will assist the Court.

CRITICAL

Applies to

Default judgment motion

A default judgment motion must include the CR 55.01 certificate and the military service affidavit required by 50 U.S.C. § 3931, in addition to the separately required plaintiff affidavit when appropriate.

In addition to the certificate required by CR 55.01, and the military service affidavit required by 50 U.S.C. § 3931, Motions for Default Judgment shall include an affidavit from the plaintiff— not the plaintiff’s counsel—establishing the judgment amount requested, if appropriate.

CRITICAL

Applies to

Dna petition

A person filing a DNA petition without an ECO must complete Form AOC-DNA-1 at the Circuit Court Clerk’s office.

(3) Persons seeking to file a DNA petition without an ECO shall come to the Circuit Court Clerk’s office to fill out Form AOC-DNA-1, “Juvenile Dependency/Neglect or Abuse Petition.”

CRITICALCriminal cases

Applies to

Order of diversion

The diversion order must include the specified restitution, supervision, duration, and defendant-obligation terms; any supervision fees must be at least $25 per month.

The Order of Diversion shall include: 1. Restitution, if applicable. Restitution is mandatory where the victim has suffered monetary damage. 2. Whether the diversion shall be supervised or unsupervised, and any supervision fees, which shall be no less than $25.00 per month. 3. The duration of the diversion. 4. An order that the defendant shall obey all rules and regulations imposed by Probation and Parole. 5. An order that the defendant shall not commit any offense during the period of pretrial diversion, including violations of the Penal Code or the Controlled Substances Act. 6. An order that the defendant comply with any other provision of KRS 533.030 or any other condition the Court deems appropriate.

CRITICAL

Applies to

Motion for judgment and order of sale

A motion for judgment and order of sale must include a signed status-of-account affidavit detailing the balance due, including attorney fees, through the motion’s filing date.

When a motion for judgment and order of sale is made, it shall include a status of account affidavit signed by the plaintiff or its representative setting out the breakdown of the balance due under the obligations of the note and mortgage, to include attorney fees (but see LR 206), up to the date of filing of the motion.

CRITICAL

Applies to

Video release

A specific written court order is required before the Clerk’s Office may release a video recording of an in camera interview with children.

The Circuit Court Clerk’s Office shall not release a video recording of any in camera interview with children without a specific written order of the Court.

CRITICAL

Applies to

Emergency or ex parte motion

Emergency and ex parte motions submitted for Court review must include attached affidavits.

All emergency motions and ex parte motions shall be submitted for the Court’s review with attached affidavit(s) and may be noticed at the convenience of the Court.

CRITICAL

Applies to

Court diversion decision

The Court must advise the parties whether it will accept the diversion agreement.

The Court shall advise the parties whether it will accept the diversion agreement.

CRITICAL

Applies to

Written motion

Counsel must attend the final pretrial conference and submit all written motions expected to be required in the case.

Counsel shall attend the final pretrial conference and shall submit all written motions expected to be required in the case.

CRITICAL

Applies to

Affidavit

The plaintiff must execute a separate affidavit stating whether a manufactured or mobile home is present on the property.

In every case, the plaintiff shall execute a separate affidavit regarding the presence of a manufactured or mobile home on the property (e.g., “There is/is not a manufactured home located on the property.”).

CRITICAL

Applies to

Commonwealth recommendation

When recommending diversion, the Commonwealth must also submit written recommendations on diversion conditions and the sentence appropriate 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

Motion

A party requesting a final hearing date in an adoption case must make the request by motion.

(4) Parties requesting a final hearing date in adoption cases shall do so by motion.

CRITICAL

Applies to

Summons

If a case is reassigned or transferred, the issuing judge must reissue a summons until the receiving judge hears the matter.

If reassignment or transfer occurs, the issuing judge shall reissue a summons until the matter is heard by the receiving judge.

CRITICAL

Applies to

Motion

Each motion must be accompanied by a supporting memorandum.

Each motion shall be accompanied by a supporting memorandum.

CRITICAL

Applies to

Motion

Each motion must state with particularity the relief requested and the grounds for it.

All motions shall state with particularity the relief requested and the grounds therefor .

CRITICAL

Applies to

Default judgment motion

When appropriate, a default judgment motion must include an affidavit establishing the requested judgment amount from the plaintiff, not plaintiff’s counsel; for a business entity, a knowledgeable employee or representative may provide it.

Motions for Default Judgment shall include an affidavit from the plaintiff— not the plaintiff’s counsel—establishing the judgment amount requested, if appropriate. For business entities, this requirement may be satisfied by an affidavit from an employee or other representative with knowledge of the plaintiff’s damages.

CRITICAL

Applies to

Default judgment motion

If a hearing is necessary to determine damages, the default judgment motion must request that the Court set a damages hearing.

If a hearing will be necessary to determine damages, the motion shall request that the Court set the matter for a damages hearing.

CRITICAL

Applies to

Commonwealth recommendation

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

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

CRITICAL

Applies to

Pretrial diversion order

A diversion order must specify the listed conditions, including restitution when applicable, supervision status and fees of at least $25 per month, duration, and required defendant obligations.

The Order of Diversion shall include: 1. Restitution, if applicable. Restitution is mandatory where the victim has suffered monetary damage. 2. Whether the diversion shall be supervised or unsupervised, and any supervision fees, which shall be no less than $25.00 per month. 3. The duration of the diversion. 4. An order that the defendant shall obey all rules and regulations imposed by Probation and Parole. 5. An order that the defendant shall not commit any offense during the period of pretrial diversion, including violations of the Penal Code or the Controlled Substances Act. 6. An order that the defendant comply with any other provision of KRS 533.030 or any other condition the Court deems appropriate.

CRITICAL

Applies to

Judicial order request

A request for a judicial order concerning the recording must include a written explanation identifying it as an in camera interview with a child, the specific purpose of the request, and who will access the recording.

An individual requesting a judicial order must provide the Court with a written explanation for the request which specifically indicates that the requested video recording is an in camera interview with a child, and which includes the specific purpose for the request and who will have access to the recording.

CRITICAL

Applies to

Agreed order of cancellation

Unless there is a timely motion and court ruling, a judicial sale may be cancelled only by filing an agreed cancellation order signed by all non-defaulting parties.

Absent a timely motion and ruling from the Court, the sale will only be cancelled upon the filing of an agreed order of cancellation signed by all parties who are not in default.

CRITICAL

Applies to

Pretrial diversion application

A diversion application must include counsel’s statement and the defendant’s on-record agreement to waive speedy-trial or speedy-disposition rights 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 or her is waived.

CRITICAL

Applies to

Motion

A movant using this procedure must state that the motion is made under CR 78(2) and Local Rule 209.

Movant shall state that the Motion is made under CR 78(2) and this local rule.

CRITICAL

Applies to

Complaint

When a deceased defendant’s unknown heirs or devisees are named, plaintiff’s counsel must file with the complaint an affidavit describing a diligent search for a probate case.

In any action where a defendant is deceased and unknown heirs, devisees, etc. are named as parties, the plaintiff’s counsel shall file an affidavit with the complaint stating that a diligent search has been conducted to determine if a probate case has been filed for the decedent’s estate.

CRITICAL

Applies to

Pleading motion or other document

Pleadings, motions, and similar documents must include counsel’s or a self-represented party’s name, address, phone number, and email address; if counsel has multiple office locations, the trial counsel address must be used.

Pleadings, motions, and other such documents shall contain the name, address, phone number, and e-mail address of counsel, or the party if appearing pro se. If there are several office locations, the address used by trial counsel shall be indicated.

CRITICAL

Applies to

Motion for judgment and order of sale

The motion must also include a printed Department of Defense Manpower Data Center certificate if one is available.

as well as a printed certificate from the Department of Defense Manpower Data Center, if available (see 50 U.S.C. § 3931).

CRITICAL

Applies to

Court record

If the Court accepts the diversion agreement, it must make an on-record finding that the defendant entered the plea and agreement freely, voluntarily, intelligently, and knowingly.

If accepted, the Court shall make a specific finding on the record that the defendant entered the plea and entered into the diversion agreement, freely, voluntarily, intelligently, and knowingly.

CRITICAL

Applies to

Order

An attorney- or party-prepared order must include a separate page with the Clerk’s certification of mailing of notice of entry, a distribution list with mailing addresses, and a Clerk signature line in the specified form.

(4) Any order prepared by an attorney or pro se party shall also include, on a separate page, a certification of mailing of notice of entry for the Circuit Court Clerk (see CR 77.04), a distribution list with mailing addresses for the attorneys or parties, and a signature line for the Clerk, in the following form: CLERK CERTIFICATION I do hereby certify that the above Order was entered and a filed copy of the Order mailed to the following persons on ___________ _____ , ______. Page 4 of 32

CRITICAL

Applies to

Motion for judgment and order of sale

A motion for judgment and order of sale must include a separate military service affidavit regarding any individual defendants.

The motion shall also include a separate military service affidavit regarding any individual defendants

CRITICAL

Applies to

Order

An attorney- or party-prepared order must include a Judge’s signature line, the Judge’s name below it, and a place for the signature date.

(3) Any order prepared by an attorney or pro se party shall also include a signature line for the Judge, with the Judge’s name appearing below the signature line, and a place for the date of signature. For example: DATED ___________ _____ , ______ _____________________ Judge [NAME] [COUNTY] [CIRCUIT/FAMILY] Court

CRITICALCriminal cases

Applies to

Pretrial diversion application

In the diversion application process, counsel must state and the defendant must agree on the record to waive speedy-trial or speedy-disposition rights 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 or her is waived.

CRITICAL

Applies to

Motion

Must include

proposed order

A movant proceeding under CR 78(2) must file an appropriate tendered order of relief.

Movants under CR 78(2) shall file an appropriate tendered order of relief with the Court.

CRITICAL

Applies to

Emergency custody order affidavit

After regular business hours, an Emergency Custody Order Affidavit must be submitted to Family Court or, if Family Court is unavailable, the District Court on call.

(b) After regular business hours, the Emergency Custody Order Affidavit shall be submitted to the Family Court or the District Court on call if the Family Court is not available.

CRITICAL

Applies to

Emergency custody order affidavit

During regular business hours other than holidays, an ECO seeker must complete Forms AOC-DNA-1 and AOC-DNA-2.1 at the Circuit Court Clerk’s office, which then submits the affidavit to Family Court or, if unavailable, the District Court on call.

(a) During regular business hours, excluding holidays, persons seeking an ECO shall come to the Circuit Court Clerk’s office to fill out Forms AOC-DNA-1 and AOC-DNA-2.1, “Emergency Custody Order Affidavit.” The Circuit Court Clerk shall then submit the Affidavit to the Family Court or the District Court on call if the Family Court is not available.

CRITICAL

Applies to

Attorney fee request

A request for attorney fees must include counsel’s affidavit, an itemized statement of hours expended, and a statement explaining the basis for the award; the Court will not award fees until these requirements are met.

All requests for an attorney fee award shall be accompanied by an affidavit from counsel and an itemized statement demonstrating the hours counsel expended on the matter, as well as a statement explaining the basis of the attorney fee award (e.g., a rule, statute, or contractual provision). The Court will not award attorney’s fees unless and until this requirement is met.

CRITICAL

Applies to

Agreement

An agreement resolving individual issues must be signed by both parties and counsel, if any, and submitted to the Court for approval and entry.

(3) If the parties reach an agreement on individual issues short of settling the entire case, the agreement, signed by both parties and counsel, if any, shall be submitted to the Court for approval and entry.

CRITICALCriminal cases

Applies to

Commonwealth recommendation

The Commonwealth must provide the Court with a written recommendation for every diversion application.

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

CRITICAL

Applies to

Petition

A petition must name both legal parents unless a parent’s rights have been terminated by valid court order, and must name an identified putative father.

(4) All Petitions shall name both the legal 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 KRS 625.065(1).

CRITICAL

Applies to

Protective order petition

Protective-order petitions under KRS Chapters 403 or 456 must use form AOC-275.1 and be accepted and filed with the Court.

A. All petitions requested, completed, and signed by persons seeking protection under KRS Chapters 403 or 456 shall be made on form AOC-275.1 and shall be accepted and filed with the Court.

CRITICAL

Applies to

Motion notice

The motion notice must warn that the motion may be granted without a hearing after ten calendar days if no response is filed.

The notice shall specify that the Motion may be routinely granted without hearing by the Court upon expiration of ten (10) calendar days if no response is filed.