Owen County Circuit Court, Kentucky Document Filing Requirements

CRITICAL

Applies to

Family court case data sheet and pleadings

(2) The Family Court Case Data Sheet must be fully completed in all cases. In addition, all pleadings must comply with the requirement of KRS Chapters 205, 403, 405, 406 and 407 by providing the personal identifiers required in those chapters. However, except as set forth in subsection (3) below, where personal identifiers are required by statute or contained in other documents or exhibits filed with the Court pursuant to the above-stated chapters, parties shall comply with CR 7.03.

(2) The Family Court Case Data Sheet must be fully completed in all cases. In addition, all pleadings must comply with the requirement of KRS Chapters 205, 403, 405, 406 and 407 by providing the personal identifiers required in those chapters. However, except as set forth in subsection (3) below, where personal identifiers are required by statute or contained in other documents or exhibits filed with the Court pursuant to the above-stated chapters, parties shall comply with CR 7.03.

CRITICALCriminal cases

Applies to

Court record

The Court must advise the parties whether it accepts the diversion agreement and, if it does, make the specified finding on the record.

The Court shall advise the parties whether it will accept the diversion agreement. 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 identify its preparer by signature and be submitted to opposing counsel or the opposing pro se party for a “Have Seen” signature, which does not waive objections to the order’s content.

(2) Any order prepared by an attorney or pro se party shall contain a preparation signature identifying the party or attorney who prepared the order and shall be submitted to the opposing counsel or pro se party for signature as “Have Seen.” By signing the tendered order as such, the opposing counsel or pro se party is not waiving any objection to the content of the order but is only agreeing that the order reflects the findings of the Court.

CRITICAL

Applies to

Jury trial order

The Order Setting Jury Trial must set both pretrial conferences and include applicable deadlines, such as deadlines for discovery, dispositive motions, and amendments.

The Order Setting Jury Trial shall also set both a Preliminary Pretrial Conference and a Final Pretrial Conference, and shall include any applicable deadlines, e.g., for completion of discovery, filing dispositive motions, amending the pleadings, etc.

CRITICAL

Applies to

Motion to cancel judicial sale

A motion to cancel a judicial sale, including a plaintiff’s or joint motion, must be filed and noticed in accordance with LR 202.

Any motion to cancel a judicial sale, including a motion by the plaintiff or joint motion, shall be filed and noticed in accordance with LR 202.

CRITICALCriminal cases

Applies to

Commonwealth recommendation

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

WARNING

Applies to

Agreed judgment of paternity and agreed order of support

In an open paternity case, parties may submit an agreed judgment and agreed support order without a motion if all parties have signed the proposed order.

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.

INFO

Applies to

Pretrial diversion order

A diversion order may include drug- and alcohol-free and random-testing conditions, or a prohibition on possessing firearms or other deadly weapons.

The Order of Diversion may include: 1. An order that the defendant remains drug and alcohol free and is subject to random testing. 2. An order that the defendant possess no firearm or any other deadly weapon.

INFO

Applies to

Order

The Court may direct an attorney or pro se party to prepare an order reflecting its findings, or may take the matter under submission and prepare the order itself.

(1) The Court may direct an attorney or pro se party to prepare an order reflecting the findings of the Court or may take the matter under submission for preparation of an order by the Court

INFO

Applies to

Order

The Clerk need not complete the certification or mail hard copies when doing so is unnecessary under the circumstances, such as in a case subject to mandatory e-filing.

The Circuit Court Clerk is not required to complete this certification or mail hard copies if unnecessary under the circumstances, e.g., where the case is subject to mandatory efiling.