Owsley County Circuit Court, Kentucky Document Filing Requirements

CRITICAL

Applies to

Order

Must include

caption

The caption of every Order must state the exact nature of the order.

The caption to all Orders shall state the exact nature of the order, such as, for example, Order of Dismissal, Order Fixing Temporary Maintenance, Order Directing Answering of Interrogatories, etc.

CRITICAL

Applies to

Written instructions

The parties must submit written instructions stating their current understanding of the issues and law at or before the Pre-Trial Conference, without waiving the right to present further instructions later.

(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

Petition

The reviewing judge must identify in the petition's Court Action section whether the resulting action is a domestic violence action or an interpersonal protective order action.

The judge reviewing a petition for an order of protection shall indicate in the "Court Action" section of the petition whether the resulting action is a domestic violence action under KRS Chapter 403 or an interpersonal protective order action under KRS Chapter 456.

CRITICALCriminal cases

Applies to

Pre trial diversion application

When applying for pre-trial diversion, counsel must state on the record that the defendant waives the right to a speedy trial or disposition if diversion is granted, and the defendant must agree.

In applying for pre-trial 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

Joint statement

When mediation resolves only some issues or produces other agreements, the parties must submit a joint statement identifying resolved issues and issues remaining for trial.

If some but not all of the issues in the case are settled during mediation, or if agreements are reached to limit discovery or on any other matter, the parties shall submit a joint statement to the Court enumerating the issues that have been resolved and the issues that remain for trial.

CRITICAL

Applies to

Default judgment motion

Must include

certificate of service

A party seeking a default judgment under the specified Kentucky rules must file a written application, and the motion must state the type of relief sought and include the listed judgment, certificate, proof, and affidavits.

Except as it conflicts with FCRPP 3(2), a party seeking a Judgment by default where Rules 55.01, 5.01, or 6.03 of the Kentucky Rules of Civil Procedure apply shall file a written application for such a Judgment. The Motion must state whether the relief requested is In Rem or In Personam, and be accompanied by a proposed judgment; by a Certificate of the moving party that no papers have been served upon him/her by the party in default, or by anyone on his/her behalf; proof of service; an affidavit showing entitlement to relief; and as to individual defendants, a military status affidavit.

CRITICAL

Applies to

Pre trial diversion application

To apply for pre-trial diversion, defense counsel must state and the defendant must agree on the record to waive speedy-trial and disposition rights if diversion is granted.

(b) In applying for pre-trial 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

Motion

A motion must be accompanied by a Notice of Date for Hearing or it will be summarily overruled, unless good cause is shown.

Any Motion not accompanied by the Notice of Date for Hearing shall be summarily overruled except for good cause shown.

CRITICAL

Applies to

Education program attendance proof

When the Court orders participation in the specified education programs, proof of attendance must be submitted before the case is assigned for final hearing.

Consistent with FCRPP 6(4), where there are minor children in any dissolution or custody proceeding, the Court may order the parents or custodians of the children to participate in a parent's education clinic and may order children between the ages of 5 and 18 years to participate in a suitable education class. In such cases, proof of attendance must be submitted before the case is assigned for final hearing.

CRITICAL

Applies to

Commissioner report

In dissolution actions, the Commissioner’s report must include findings of fact, conclusions of law, and recommendations to the Court.

The Domestic Relations Commissioner shall report by making Findings of Fact, Conclusions of Law, and Recommendations to the Court in all dissolution actions pursuant to KRS 454.350(2).

CRITICAL

Applies to

Initial order or judgment

Must include

caption

The initial Order or Judgment served on the Master Commissioner must identify all parties in the caption or style and include specified counsel and party contact information on its last page.

The initial Order or Judgment served upon the Master Commissioner shall contain in the caption or style the names of all parties and shall include in the last page the names and addresses of all counsel and the parties represented, as well as a notation concerning the fact that any parties are not represented by counsel, and in that case, the mailing address of such parties.

CRITICALCriminal cases

Applies to

Order of diversion

An Order of Diversion must address restitution if applicable, supervision status and any applicable supervision fees, the diversion's duration, and compliance with Probation & Parole rules and regulations.

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 .

CRITICAL

Applies to

Written objection

Written objections to the tendered Order or Judgment must include a time for a Hearing scheduled pursuant to the Rules.

written objections thereto including a time for a Hearing scheduled pursuant to these Rules

CRITICALCriminal cases

Applies to

Recommendation

The Commonwealth's Attorney must submit a written recommendation to the Court in response to each petition.

The Commonwealth's Attorney shall make a recommendation to the Court in writing in response to each petition .

CRITICAL

Applies to

Motion

A motion that relies on authorities must include citations to those authorities.

All Motions for which authorities are relied upon shall be accompanied by citations of such authorities.

CRITICAL

Applies to

Disclosure statement

Each Disclosure Statement must be verified by the filing party and signed by that party's attorney.

Each such Disclosure Statement, besides being verified by the party filing it, shall bear the signature of that party's attorney.

CRITICAL

Applies to

Diversion recommendation

The Commonwealth's Attorney must submit a written recommendation to the Court in response to each petition.

(c) The Commonwealth's Attorney shall make a recommendation to the Court in writing in response to each petition.

CRITICAL

Applies to

Order or judgment

Orders and Judgments requiring Clerk notification must include a notation directing the Clerk's attention to service under CR 77.04.

All Orders and Judgments of which the Clerk must give notification shall contain a notation calling to the Clerk's attention the fact that the Order should be served pursuant to CR 77.04.

CRITICAL

Applies to

Proposed order or judgment

Must include

certificate of service

The proposed Order or Judgment must have a Certificate of Service attached or typed on it showing the tender, service, and their date; the source text ends mid-sentence.

The proposed Order or Judgment, for purposes of this paragraph, shall have attached thereto, or typed thereon, a Certificate of Service showing the fact of the tender and service and the date of the same and that

CRITICAL

Applies to

Petition

The reviewing judge must indicate in the petition’s “Court Action” section whether the action is a domestic violence action or an interpersonal protective order action.

B. The judge reviewing a petition for an order of protection shall indicate in the "Court Action" section of the petition whether the resulting action is a domestic violence action under KRS Chapter 403 or an interpersonal protective order action under KRS Chapter 456.

CRITICAL

Applies to

Summons

If a case is reassigned or transferred, the issuing judge must re-issue a summons until the receiving judge can hear the matter.

If reassignment or transfer occurs, the issuing judge shall re-issue a summons until the matter may be heard by the receiving judge.

CRITICAL

Applies to

Order or judgment

If the Court so orders, the prevailing party must present the Order or Judgment embodying the decision to the Court.

If so ordered the prevailing party shall present the Order or Judgment embodying the decision to the Court:

CRITICALCriminal cases

Applies to

Order of diversion

The Order of Diversion must direct the defendant not to commit an offense during diversion and to comply with other applicable KRS 533.030 provisions and any other conditions the Court deems appropriate.

As required by KRS 533 .030(1) [conditions of probation-restitution], direct the defendant not to commit any .offense during the period of the pre-trial diversion . Specifically, direct the defendant to comply with any other provision of KRS 533 .030 or any other condition the Court deems appropriate .

CRITICAL

Applies to

Agreement

An agreement filed of record must be signed by both parties and properly acknowledged; if a party is represented, counsel must also sign.

All agreements between parties filed of record must be signed by both parties and acknowledged before a person authorized to take acknowledgments under KRS 382.140. In the event that a party is represented by counsel, the Agreement must also be signed by counsel.

CRITICALCriminal cases

Applies to

Recommendation

The Commonwealth's Attorney must make written recommendations to the Court about conditions for pre-trial diversion.

Make recommendations to the Court in writing of conditions for pre-trial diversion .

CRITICAL

Applies to

Report or memorandum

When directed by an Order or Judgment to act, the Master Commissioner must report the action taken by a Report or Memorandum.

The Master Commissioner shall, when directed by Order or Judgment to take any action, report the action taken, by a Report or Memorandum, so that the record shall be complete in all respects.

CRITICAL

Applies to

Order or judgment

Under the attestation option, the presented Order or Judgment must be attested by counsel for all parties as conforming to the Court's decision, and may include an endorsement identifying any unrepresented party.

(a) Upon having the Order or Judgment attested by counsel for all parties thereto as being in conformity with the Court's decision by signature in a space provided just below the body of said Order or Judgment on the left-hand side of the page, and/or by an endorsement of the fact that any party is, or parties are, not represented by counsel, if that is the case;

CRITICAL

Applies to

Order of pretrial diversion

An Order of Diversion must address restitution, supervision and any applicable supervision fees, duration, compliance with Probation & Parole rules, and the specified no-offense and other 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) A requirement that the defendant obey all rules and regulations imposed by Probation & Parole; and (S) As required by KRS 533.030(1) (conditions of probation-restitution), a directive requiring the defendant to not commit any offense during the period of the pre- trial diversion and specifically directing the defendant to comply with any other provisions of KRS 533.030 or any other conditions the Court deems appropriate.

CRITICAL

Applies to

Order or judgment

Qualifying Orders or Judgments must include a certificate by preparing counsel at the bottom of the last page stating that the Clerk is required to serve the Order or Judgment on the Master Commissioner.

All Orders or Judgments involving or requiring action by the Master Commissioner shall be served upon said Commissioner by the Clerk, and such Order or Judgment shall contain a Certificate of the counsel preparing same at the bottom of the last page thereof to the effect that it is an Order or Judgment concerning which the Clerk is required to serve on the Master Commissioner.

CRITICAL

Applies to

Settlement order

If mediation settles a case, an attorney for one party must prepare and submit an order reflecting the settlement to the Court.

If a case is settled during mediation, the attorney for one of the parties shall prepare and submit to the Court an order reflecting the fact of settlement as in any other case.

CRITICAL

Applies to

Protective order petition

Protective-order petitions under KRS Chapters 403 or 456 must be made on form AOC-275.1.

All petitions requested, completed and signed by persons seeking protection under KRS Chapter 403 or KRS Chapter 456 shall be made on form AOC-275.1, and shall be accepted and filed with the court. KRS 403.725, KRS 456.030.

WARNING

Applies to

Trial brief

The Court may require each party to submit a Trial Brief summarizing the facts and law on which the party will rely, and may set the filing time.

In the Pre-Trial Order, the Court may require each party to submit a Trial Brief consisting of a short memorandum of his/her view of the facts and law on which he/she will rely and may fix the time for tiling such Briefs.

WARNING

Applies to

Response

Any party properly served with a Motion accompanied by a Statement or Memorandum of Law supporting said Motion may file a Response containing supporting authorities at or before the time specified in the Notice of Hearing of the Motion.

Any party properly served with a Motion accompanied by a Statement or Memorandum of Law supporting said Motion may file a Response containing supporting authorities at or before the time specified in the Notice of Hearing of the Motion.

WARNING

Applies to

Agreed order

Counsel need not attend the Motion Docket call if an Agreed Order signed by counsel for all affected parties is submitted to the Clerk beforehand.

If an Agreed Order signed by counsel for all parties affected is submitted to the Clerk before the call of the Motion Docket, counsel need not attend the call of the Motion Docket.

INFOCriminal cases

Applies to

Order of diversion

An Order of Diversion may include conditions requiring the petitioner to remain drug- and alcohol-free and submit to 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 .