Pendleton County Circuit Court, Kentucky Document Filing Requirements

CRITICALCriminal cases

Applies to

Written recommendation

The Commonwealth must submit a written recommendation to the Court for each application.

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

CRITICAL

Applies to

Petition

Petitions must name both biological parents unless a parent's rights have been terminated by a valid court order.

All Petitions shall name both the biological mother and father of the child(ren) unless the parent's rights have been terminated by a valid court order.

CRITICAL

Applies to

Motion

A person seeking a video copy must file a motion requesting permission and explaining the reason; the Circuit Clerk may not release a copy without a specific written order.

No video copies of any in-chamber interviews with a child shall be released by the an Order must file a motion requesting permission to copy the video, and include an Circuit Clerk Court without a specific written Order. Any individual requesting such explanation of the reason for the request.

CRITICAL

Applies to

Pleading motion or other filing

Every pleading, motion, and other paper filed by an attorney or party must state 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 an attorney or a party shall contain the typed or printed name, address, telephone number and e-mail address of the attorney or party signing the paper.

CRITICAL

Applies to

Motion

Parties may move to submit a dissolution for final decree and must submit the motion directly to the Judge for review and approval without noticing a hearing.

Pursuant to FCRPP3, parties may file a motion to submit a dissolution for Final Decree, and shall submit same directly to the Judge for review and approval, without noticing the matter for hearing.

CRITICAL

Applies to

Termination petition

When termination proceedings involve two or more children of the same parent or parents, a separate petition is required for each child; the hearings may be consolidated by motion.

Termination proceedings involving two (2) or more children of the same parent(s) must proceed by separate Petitions for each child. A hearing on the Petitions may be consolidated by motion.

CRITICAL

Applies to

Petition

Dependency, neglect, and abuse petitions must be filed in accordance with FCRPP 20.

All Petitions for Dependency, Neglect, and Abuse shall be filed in accordance with FCRPP 20.

CRITICAL

Applies to

Written motion

Petitioners seeking to initiate contempt proceedings should contact: Their respective county attorney, or, by the filing of a written motion specifying the precise manner in which the Respondent is alleged to be in violation of a valid existing protective order of which the Respondent has personal notice.

Petitioners seeking to initiate contempt proceedings should contact: Their respective county attorney, or, by the filing of a written motion specifying the precise manner in which the Respondent is alleged to be in violation of a valid existing protective order of which the Respondent has personal notice.

CRITICAL

Applies to

Petition

The petitioner must make a diligent effort to locate the child's parents.

It is the Petitioner's obligation to make a diligent effort to locate the child's parents.

CRITICALCriminal cases

When seeking pretrial diversion, counsel must state and the defendant must agree on the record to waive speedy-trial and charge-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/her is waived .

CRITICAL

Applies to

Protective order petition

Protective-order petitions under KRS Chapter 403 or 456 must be completed and signed on form AOC-275.1 and accepted and filed with the court.

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.

CRITICAL

Applies to

Motion

A motion to submit a dissolution for final decree must comply with FORPP3 and include the specified waivers, agreement, verified discovery responses or deposition, proposed findings, and proposed decree.

The Motion shall comply with FORPP3 and shall contain executed waivers of hearing, waiver of financial disclosures (if applicable), the parties' settlement agreement or mediation agreement, verified Answers to Interrogatories or Deposition, proposed Findings of Fact, and a proposed Decree of Dissolution.

CRITICAL

Applies to

Petition

Petitions must identify the applicable statute and include detailed jurisdictional facts explaining the child's relationship to the responsible party and, for multiple children, the situation as it applies to each child.

All Petitions shall state the applicable statute and detailed factual allegations relied upon in asserting the Court's jurisdiction. The factual allegations must fully explain the child's relationship to the responsible party. In cases involving multiple children, the Petition must fully explain the situation as it individually applies to each child.

CRITICAL

Applies to

Petition

Before filing a dependency, neglect, or abuse petition with the clerk, the petitioner must submit it to the County Attorney.

Prior to filing the petition with the clerk, the Petitioner shall submit the petition to the County Attorney.

CRITICAL

Applies to

Guardian ad litem answer

A Guardian Ad Litem must file an Answer for the client; failure to appear or file a written Answer may result in sanctions, including removal from the appointment list.

3) The Guardian Ad Litem shall file an Answer on behalf of their client. 4) The failure of a Guardian Ad Litem to appear, or the failure of the Guardian Ad Litem to file a written Answer may result in sanctions, including removal from the appointment list.

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.

CRITICALCriminal cases

Applies to

Written recommendation

When recommending diversion, the Commonwealth must submit written recommendations stating the 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

CRITICAL

Applies to

Juvenile dependency case

At disposition of a juvenile dependency, neglect, and abuse case, the GAL must file a written report and make recommendations.

6) The GAL shall file a written report and make recommendations at the disposition of a juvenile dependency, neglect, and abuse case.

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

Contested hearing

A contested custody or timesharing hearing that could change a child's school must include the child's school records as an exhibit.

A child's school records shall be included as an exhibit in any contested hearing for custody or timesharing wherein the result could cause a change of the child's school.

CRITICAL

Applies to

Petition

A petition must name a putative father if he has been identified under KRS 625.065(1) or identified by the child's mother upon questioning.

A putative father shall be named if he has been identified as the putative father pursuant to KRS 625.065(1), or if he has been identified as the putative father by the child's mother upon questioning.

WARNING

Applies to

Petition

If the County Attorney rejects a petition, the petitioner may file it with the Court as a private petition, and the clerk must set it for the next available court date.

B) If the County Attorney rejects the petition, the Petitioner may file the petition with the Court as a private petition, and the clerk shall set the matter for the next available court date.

WARNING

Applies to

Agreed judgment and order of support

In an open paternity case, the parties may submit an agreed judgment and support order for court review without a motion if the proposed order is signed by all parties.

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.

WARNING

Applies to

Hearing scheduling motion

A motion requiring more than fifteen minutes of hearing time may be specially set; a party seeking a hearing time must file a motion to schedule it and notice that motion on the regular motion hour docket.

Any motion requiring a hearing in excess of fifteen minutes may be set for a special hearing time outside of the regular motion hour docket. A party shall request a hearing time by filing a motion to schedule a hearing, and by noticing the scheduling motion for hearing on the regular motion hour docket.

WARNING

Applies to

Final disclosure statement

A preliminary disclosure statement may be adopted as the final statement if there are no changes or objections and notice to the Court is filed in the record.

A party's preliminary disclosure statement, exchanged pursuant to FCRPP2(3), may be adopted as a party's final disclosure statement if there have been no changes, no objections thereto, and with notice to the Court filed in the record.

WARNING

Applies to

Final disclosure statement

The parties may waive exchanging final disclosure statements by mutual agreement if the agreement and waiver are filed in the record.

The parties may waive the exchange of final disclosure statements by mutual agreement, if said agreement and waiver is filed in the record.

WARNING

Applies to

Written motion

Petitioners seeking contempt proceedings should contact their county attorney or, alternatively, file a written motion specifying how the respondent allegedly violated a valid existing protective order of which the respondent has personal notice.

Petitioners seeking to initiate contempt proceedings should contact: Their respective county attorney, or, by the filing of a written motion specifying the precise manner in which the Respondent is alleged to be in violation of a valid existing protective order of which the Respondent has personal notice.

WARNING

Applies to

Ex parte motion

In matters involving the emergency custody of children, a party should exhaust remedies from the Cabinet for Families and Children and the County Attorney prior to filing an ex parte motion. The motion must describe the action taken to exhaust these remedies.

In matters involving the emergency custody of children, a party should exhaust remedies from the Cabinet for Families and Children and the County Attorney prior to filing an ex parte motion. The motion must describe the action taken to exhaust these remedies.

CRITICALCriminal cases

A diversion order must include the specified restitution, supervision, duration, and defendant-obligation terms, where applicable.

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 and Parole. 5. As required by K.R.S. 533.030(1) [conditions of probation-restitution] direct the defendant not to commit any offense during the period of the pretrial diversion. Specifically, direct the defendant to comply with any other provision of K.R.S. 533.030 or any other condition the Court deems appropriate.