Perry Circuit Court Document Filing Requirements

CRITICAL

Applies to

Order

The specified decrees, rules, and orders must be signed by the Circuit Judge.

All decrees, rules and all orders entered upon motions to modify or terminate decrees, restraining orders, injunctions, contempt orders and temporary orders entered upon pendente lite motions shall be signed by the Circuit Judge

CRITICALCriminal cases

Applies to

Written recommendation

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

C. The Commonwealth shall make a written recommendation to the Court in response to each application . KRS 533 .250(2) .

CRITICAL

Applies to

Financial disclosure statement

If pleadings in a dissolution action refer to marital property or debts incurred during the marriage, the parties must prepare and file financial disclosure statements under FCRPP 2(3) and 3(3).

In any action for dissolution of marriage if any pleadings refer to the existence of marital property or debts incurred during the marriage, the parties shall prepare and file financial disclosure statements in accordance with FCRPP 2(3) and 3(3).

CRITICAL

Applies to

Motion to assign trial date

A trial date must not be assigned unless the motion is accompanied by the required schedules.

No trial date shall be assigned if, the motion therefore is not accompanied by the required schedules

CRITICALCriminal cases

Applies to

Pretrial diversion application

When applying for pretrial diversion, defense counsel must state and the defendant must agree on the record to waive speedy trial or disposition rights if diversion is granted.

B. 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

FIT program notification

The notification of ordered participation in the Divorce Education Program must include a schedule of sessions and a brochure.

schedule of sessions and brochure shall accompany this notification

CRITICAL

Applies to

Order or judgment

If the opposing party is unrepresented or its counsel declines to attest, that fact must be endorsed on the order or judgment.

If the party against whom the order or judgment is to be entered is not represented by counsel, or be represented by counsel who declines to attest the order or judgment, such fact shall be endorsed thereon .

CRITICAL

Applies to

Summons

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

E. Cases may be reassigned or transferred between courts if it is determined that there are proper. KRS 403.725, KRS 456.030. If reassignment or transfer occurs, the issuing judge other actions pending or circumstances indicate that review by the other court is shall re-issue a summons until the matter may be heard by the receiving judge.

CRITICAL

Applies to

Response

A party properly served with a merits motion and supporting memorandum must file a response memorandum stating its grounds for opposition and citing supporting authorities.

Any party properly served with a motion accompanied by a memorandum of grounds and authorities shall file a response containing a memorandum of grounds for opposing the motion, with citation of supporting authorities, but not greater than 25 pages in length .

CRITICAL

Applies to

Decree

At the conclusion of the hearing in an uncontested dissolution proceeding, counsel must tender the decree counsel considers appropriate.

At the trial of an uncontested proceeding for dissolution of marriage, counsel shall tender the decree which he or she deems appropriate at the conclusion of the hearing.

CRITICAL

In an action involving child support or spousal maintenance, each party must file all documents required by FCRPP 5 and FCRPP 9.

Pursuant to CR 7.03 in any action where the support and maintenance of children or spousal maintenance is in issue, each party shall file all documents required in FCRPP 5 and FCRPP 9.

CRITICAL

Applies to

Verified schedule

The opposing party must file verified schedules in the same form within ten days after service of the trial-date motion, unless the Commissioner sets a different period.

Verified schedules in the same form and for the opposing party shall be filed by the opposing party within ten (10) days of the service of the motion for a trial date unless a different period is fixed by order of the Domestic Relations Commissioner .

CRITICAL

Applies to

Order

Orders relevant to exceptions filed after the Commissioner's ultimate ruling must be tendered directly to the Circuit Court.

If exceptions have been filed subsequent to the ultimate ruling by the Domestic Relations Commissioner, then the orders relevant thereto shall be tendered directly to the Circuit Court

CRITICAL

Applies to

Order

Routine orders concerning contested dates or administrative matters, and rulings on exceptions filed before the Commissioner, must be signed by the Domestic Relations Commissioner.

All routine orders setting contested trial dates, contested hearing dates or affecting purely administrative matters, or rulings entered upon exceptions filed before the Domestic Relations Commissioner, shall be signed by the Domestic Relations Commissioner

CRITICAL

Applies to

Pleading

Pleadings must provide the personal identifying information required by the specified Kentucky statutes.

In addition, all pleadings must comply with the requirements of KRS Chapters 205, 403, 405, 406 and 407 by providing the personal identifying information required in those chapters.

CRITICAL

Applies to

Transcript

If the Court determines a testimony transcript is necessary and one has been prepared, it must be filed with the Circuit Clerk.

In the event the Court determines that a transcript of the testimony is necessary, and one has been prepared, then it will be filed with the Circuit Clerk

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.

Cases may be reassigned within the judicial circuit and, pursuant to FCRPP 12, a case may be transferred to another circuit if there is a pending dissolution or custody 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

Summons

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

Cases may be reassigned within the judicial circuit and, pursuant to FCRPP 12, a case may be transferred to another circuit if there is a pending dissolution or custody 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

AOC Form 280

When an action is submitted for final adjudication, counsel or unrepresented parties must file AOC Form 280 with the Judge, Family Court Clerk, and Administrative Office of the Courts.

In accordance with SCR 1.050(8), when any action stands submitted for final adjudication, counsel or unrepresented parties shall file an AOC Form 280 with the Judge, Family Court Clerk and Administrative Office of the Courts.

CRITICAL

Applies to

Entry and appearance

An entry and appearance must not be signed before the petition is filed.

B. No entry and appearance shall be signed prior to the filing of the petition.

CRITICAL

Applies to

Agreement or agreed order

Agreements and Agreed Orders must contain the correct mailing and/or email addresses for the attorneys and parties.

C. All Agreements and Agreed Orders shall contain the correct mailing address and/or e-mail addresses for the attorneys and parties.

CRITICALCriminal cases

Applies to

Order of diversion

The diversion order must address applicable restitution, supervision and fees, duration, compliance with Probation and Parole rules, and the defendant’s conduct and other court-imposed conditions.

ORDER OF PRETRIAL DIVERSION A. The Order of Diversion shall include : 1 . Restitution, if applicable. 2. Whether the diversion shall be supervised or unsupervised (and include supervision fees, ifapplicable). 3. Duration of the diversion . 4. Require defendant to obey all rules and regulations imposed by Probation and Parole. 5. As required by KRS 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 KRS 533.030 or any other condition the Court deems appropriate .

CRITICAL

Applies to

Decree

At trial of an uncontested dissolution proceeding, counsel must tender the decree counsel considers appropriate.

At the trial of an uncontested proceeding for dissolution of marriage, counsel shall tender the decree which he deems appropriate

CRITICAL

Applies to

Motion to assign action for dissolution of marriage for contested trial

A contested-trial motion to assign a dissolution action must include verified income, expense, and property schedules with the specified financial information and supporting tax returns.

Every motion to assign an action for diss.olution of marriage for contested trial shall be accompanied by verified schedules pursuant to Rule 13(b), which schedules shall include the information set forth hereinafter, for the party filing the motion setting forth separately in the following order : INCOME AND EXPENSE SCHEDULES 1. Employment status, including income and deductions therefrom as shown by periodic wage statement(s) ; 2. Any additional sources cf income ; 3. Adjusted gross income for each of the preceding five (5) years as shown by federal income tax returns, copies of which for the last three (3) years shall annexed to the schedule ; 4. Present monthly expenses as shown by past expenditures and anticipated additional ex-penses, _= any, upon dissolution of marriage . PROPERTY SCT-DULE 1. Marital real estate, the value thereof, and the unpaid balance of any liens thereon ; 2. Marital personal property (DO NOT list household or personal effects individually unless the value of an individual item is in excess of $100 .00), the value thereof, and the unpaid balances of any liens thereon ; 3. Marital debts (DO NOT include debts listed above as liens), and the unpaid balance thereof ; 4. Non-marital real estate, the values thereof, the unpaid balance of any liens thereon, and the factual and legal basis relied upon in support of such designation ; 5. Non-marital personal property, the values thereof, the unpaid balances of any liens thereon and the factual and legal basis relied upon in support of such designation ; and 6. Non-marital debts (DO NOT include debts listed above as liens), the unpaid balances thereof and the factual and legal basis relied upon in support of such designation .

CRITICALCriminal cases

Applies to

Written recommendation

When recommending diversion, the Commonwealth must provide the Court written recommendations for the diversion conditions and the sentence if the agreement is unsuccessful.

3 . 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

Petition

A petition for a DVO or ex parte EPO must be verified.

During regular office hours Monday - Friday, 8:00 a.m. - 4:00 p.m. a verified petition for a Domestic Violence Order (DVO) and ex parte Emergency Protective Order (EPO) shall be filed with the Perry County District Clerk on the 1st Floor of the Hall of Justice (Judicial Center) at 545 Main Street, Hazard, Kentucky 41701.

CRITICAL

Applies to

Mediation submission

The parties must exchange and provide the listed financial, issue, asset, debt, and requested materials to the mediator at least five working days before the mediation conference.

five (5) working days prior to the mediation conference, the following: The parties shall exchange and provide to the mediator, in no less than 1. Supplement to financial disclosure statement regarding any material change. A short statement including definition of the issue to be addressed by the mediator and a brief narrative statement of any special problems affecting the case (e.g. closely held corporation, medical problems of any family member, etc). a. Copies of any documents supporting valuation of assets; Copies of all documents verifying monthly payments and outstanding balances on all debts; and C. All information and copies of all documents requested by the mediator prior to the mediation conference.

CRITICAL

Applies to

Family court case data sheet

The Family Court Case Data Sheet must be fully completed in every case.

The Family Court Case Data Sheet must be fully completed in all cases.

CRITICAL

Applies to

Merits motion

A motion going to the merits must include a memorandum stating its grounds and citing the authorities relied upon.

All motions going to the merits of the case, including motions to dismiss, motions for summary judgment, motions to strike, and motions under CR 12 .02 shall be accompanied by a brief memorandum of the grounds for the motion with citation of authorities relied upon, but not greater then 25 pages in length .

CRITICAL

Applies to

Pre trial order

If a pre-trial order is not entered at the time, the attorneys shall be responsible for preparation and sub- mission of a pre-trial order, incorporating the Court's rulings, agreements or stipulations of the parties and any matter designated by the Court not later than ten days following the pre-trial conference

If a pre-trial order is not entered at the time, the attorneys shall be responsible for preparation and sub- mission of a pre-trial order, incorporating the Court's rulings, agreements or stipulations of the parties and any matter designated by the Court not later than ten days following the pre-trial conference

CRITICAL

Applies to

Order

If no exceptions are timely filed, the parties must prepare an order incorporating the proposed findings and provide an opportunity for the Commissioner to approve it.

If no exceptions are filed with the Court within the time allowed, then the parties shall prepare an order approving and incorporating the proposed findings of fact, conclusions of law and opinion for execution by the Circuit Court and provide thereon an appropriate opportunity for the Domestic Relations Commissioner to execute his/her approval

CRITICAL

Applies to

Motion

Must include

proposed order

The moving attorney or party must submit a proposed order to the Domestic Relations Commissioner's recommendations within seven calendar days after the hearing, unless otherwise directed.

The moving attorney and/or party shall submit a proposed order to the Domestic Relations Commissioner's recommendations within seven (7) calendar days of the hearing unless otherwise directed.

CRITICAL

Applies to

Written instructions

Except for good cause shown, parties must submit written instructions at or before the pre-trial conference stating their understanding of the issues and law.

Except for good cause shown, before a case is heard at the pre-trial conference, the parties shall comply with the following : 1. Pleadings completed and issues made up . 2. Discovery proceedings complete or scheduled . 3. At or before the pre-trial conference submit written instructions incorporating the parties then under- standing of the issues and the law . 4. Be prepared to stipulate certain facts as to admissibility of certain documents or other evidence, or withdraw certain allegations or defenses appearing in the pleading whenever possible and if same can be done without prejudice to the presentation of the case by either, party . In tort actions involving personal injury, be prepared to exchange such medical reports and copies of medical bills or evidence of special damages as are subject to discovery under the Rules of Civil Procedure

CRITICAL

Applies to

Order or judgment

Whenever any ruling is made or opinion rendered, an order or judgment in conformity therewith shall be attested by

Whenever any ruling is made or opinion rendered, an order or judgment in conformity therewith shall be attested by

CRITICAL

Applies to

Case data information sheet

A Case Data Information sheet (Form AOC-FC-3) must be filed with the petition.

A. A Case Data Information sheet shall be filed with the petition (Form AOC-FC-3).

CRITICAL

Applies to

Motion

A party seeking a trial date for a civil jury case must move for assignment to the jury docket and for a pretrial conference when a jury issue exists or the Court determines an issue should be tried by a jury.

A party desiring assignment of a trial date for a civil jury case shall file a motion requesting that the case be assigned to the jury docket and for pre-trial conference, if there is any issue triable of right by a jury or if the Court in its discretion determines that there should be a trial by jury of any issue .

CRITICAL

Applies to

Petition

The reviewing judge shall indicate 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 Actioni 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

Proposed findings conclusions

For qualifying contested trials or motions, except motions to modify visitation privileges, the Commissioner must prepare, enter, and serve proposed findings, conclusions, and an opinion within 30 days after the final hearing.

Upon the f inal hearing of a contested trial or motion, the result of which any decree entered or modified or parts thereof terminated, except for motions to mcdify visitation privileges, the Domestic Relations Commissioner shall prepare and enter and have served upon the parties his/her proposed findings of fact, conclusions of law and opinion within thirty (30) days after the conclusion of the final hearing .

CRITICAL

Applies to

Appearance waiver or agreement

An unrepresented party must sign and acknowledge an appearance and waiver or agreement before a notary or deputy clerk.

A. Any unrepresented party who signs and acknowledges an appearance and waiver or agreement shall do so before a notary or deputy clerk.

CRITICAL

Applies to

Order

The specified decrees, rules, and orders must contain the required recommendation notation.

All decrees, rules and all orders entered upon motions to modify or terminate decrees, restraining orders, injunctions, contempt orders and temporary orders entered upon pendente lite motions shall be signed by the Circuit Judge, but shall contain the following notation along the left-hand margin

CRITICAL

Applies to

Post trial withdrawal

Retained trial counsel seeking to withdraw for a defendant appealing a conviction must obtain Court permission and prepare and file the specified appeal documents before permission is granted.

1. Retained trial counsel shall secure permission from the Court before withdrawing as counsel for any defendant who is to appeal a judgment of conviction ; 2. Before permission to withdraw is granted, it shall be the responsibility of retained trial counsel to prepare and file the following : (a) Notice of appeal pursuant to RCr 12 .04 ; (b) Motion, affidavit, and order for leave to appeal in forma pauperis ; (c) Order directing preparation of transcript pursuant to Rule 21 of the Rules of the Perry Circuit Court ; and (d) Order substituting the public defender's office as counsel on appeal .

CRITICAL

Applies to

Pleading motion or other paper

Must include

case number

Every filed pleading, motion, or other paper must contain the case number and the listed identifying and contact information for the signer.

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

Motion and pleading

Must include

caption

Motions and pleadings in domestic relations cases must use the specified Perry Circuit Court caption.

All motions and pleadings in domestic relations cases shall be captioned in the following manner : PERRY CIRCUIT COURT CIVIL DIVISION - DRC

CRITICAL

Applies to

Decree rule or order

All decrees, rules, and orders to be entered must be signed by the Circuit Judge.

All Decrees, Rules and all Orders to be entered shall be signed by the Circuit Judge

CRITICAL

Applies to

Written motion

A request for a judicial order regarding confidential video records must be made by written motion that gives notice to all parties, including any child's Guardian ad Litem, and states 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.

CRITICAL

Applies to

Motion

If the report is not filed within 60 days, the responsible agency or attorney must file a motion asking the Court to require an explanation for the delay.

If not filed within sixty (60) days the responsible agency and/or attorney shall file a motion with the Court to show cause why the report has not been filed.

CRITICAL

Applies to

Discovery motion

Must include

certificate of conference

The moving party must attach counsel's certification that counsel conferred and could not resolve the dispute; the certification should detail their resolution efforts.

The moving party shall attach to the motion a certification of counsel that counsel have conferred and that they have been unable to resolve their differences . The certification should detail the attempts of counsel to resolve the dispute .

CRITICAL

Applies to

Motion

the electronic or stenographic record of interviews with children, including a recording of any in-camera proceedings, shall be filed under seal with the clerk and may be made available to the parties or their counsel on motion and written order of the court.

the electronic or stenographic record of interviews with children, including a recording of any in-camera proceedings, shall be filed under seal with the clerk and may be made available to the parties or their counsel on motion and written order of the court.

CRITICAL

Applies to

Mediation agreement

Handwritten or recorded mediation agreements must be typed and signed by all parties and their counsel, if any

Handwritten or recorded mediation agreements must be typed and signed by all parties and their counsel, if any

CRITICAL

Applies to

Decree rule or order

Decrees, rules, and orders to be entered must include the stated recommendation notation along the left-hand margin.

but shall contain the following notation along the left hand margin: Recommended on the _ day of By:_ Domestic Relations Commissioner