Pike Circuit Court Document Filing Requirements

CRITICAL

Applies to

Witness statements

The Commonwealth must file all witness statements discoverable under RCr 7.26 at the pretrial conference.

The Commonwealth shall file all statements of witnesses discoverable under RCr 7 .26 at the pretrial conference .

CRITICAL

Applies to

Protective order petition

The reviewing judge must indicate in the petition whether the 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

Arraignment order

An arraignment order must identify the defendant's attorney and state any conditions or modifications of bail.

An arraignment order shall be issued indicating the name of the defendant's attorney and any conditions or modifications ofbail.

CRITICAL

Applies to

Request for judicial order

A person requesting a judicial order concerning an in-chamber interview video must provide the Family Court Judge a written explanation identifying the specific portion requested and the specific purpose for the request.

Pursuant to FCRPP 17, the Pike County Circuit Court Clerk's Office shall not releasc any order of the Family Court Judge. An individual requesting a judicial order must provide the Pike Family Division video in-chamber interviews with children without a specific written Family Court Judge a written explanation for the request which specifically indicates the specific purpose for the request. portion of the video record being requested is an in-chamber interview with a child and

CRITICAL

Applies to

Attorney statement

An attorney seeking to review or copy a paternity file must sign a statement limiting what may be shared with the client, and the file’s other information remains confidential and subject to attorney-client privilege.

Pursuant to KRS 406.035, the attorney seeking permission to review and/or copy the may be shared with the client and that all other information in the case cannot be disclosed paternity file shall sign a statement that the order of judgment is the only information which to the client, including information relating to domestic violence or child abuse as well as the addresses of the parties. representation of the party, any information contained in such file is confidential and subject Regardless of the subsequent representation or non- to the attorney-client privilege.

CRITICAL

Applies to

Dispositional hearing submission

At the dispositional hearing, CHFS must provide the FCRPP 28 information using form DNA 12 and explain any separation of siblings.

At the dispositional hearing CHFS shall provide the court with the information required pursuant to FCRPP 28 by completing form DNA 12. In addition, if the siblings have been separated, CHFS shall explain the reasons for the separation.

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

Warrant request

A Commonwealth Attorney's request for a warrant must be in writing and suitable for filing.

The Commonwealth Attorney's request for a warrant shall be in writing in a form ° suitable to be filed.

CRITICAL

Applies to

Pleading motion or other paper

Must include

case number

Every filed pleading, motion, or other paper must include the case number and the signing attorney's or party's typed or printed name, address, telephone number, and email address.

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 c-mail address of the attorney or party signing the paper.

CRITICAL

Applies to

Protective order petition

The judge reviewing a protective-order petition must identify in its 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.

CRITICAL

Applies to

Motion

A motion requesting issuance of a contempt rule must be filed.

A motion shall be filed requesting the issuance of the rule .

CRITICAL

Applies to

Final adjudication submission

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 1.05(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

Pleading

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.

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

Motion for compensation

A motion for compensation must include an affidavit stating the statutory basis for appointment, the hours and services rendered, why the requested fee is reasonable, and whether the proceeding has concluded.

Motions for compensation shall be accompanied by an affidavit indicating: b. The hours of service rendered with a brief description of the services a. The statutory basis for appointment; c. That the action or proceedings have been concluded.

CRITICAL

Applies to

Rule for contempt

An issued contempt rule must specify the time and place of the hearing.

The rule, when it is issued, shall fix a time and place for hearing

CRITICAL

Applies to

Plea bargaining agreement

Plea bargaining agreements must be written, signed by the defendant and both attorneys, and filed with the court.

All such agreements shall be in writing signed by the defendant and his attorney and the attorney for the Commonwealth, and filed with the court .

CRITICAL

Applies to

Letter

When only one party is represented, that party’s counsel must provide a letter explaining the pro se party’s responsibility to attend the clinic.

In the event that only one party is represented by counsel, counsel for that party shal 1 be required to send, with the services of the complaint, a letter explaining the pro se party's responsibility to attend the clinic .

CRITICAL

Applies to

Motion

A motion for a contempt rule in a domestic relations proceeding must be properly verified by the moving party before the Court may issue the rule.

upon same having been appropriately and properly verified by the moving party

CRITICAL

Applies to

Mediation outcome report

At mediation's conclusion, the mediator must report the outcome without comment to the Court and the Pike Family Court Office, identifying whether there was a full agreement, partial agreement, or termination.

At the conclusion of mediation, the mediator shall report without comment to the Court and the Pike Family Court Office as to the outcome of the A termination or non-agreement shall be without prejudice to either party. mediation, (i.e. a full agreement, partial agreement or mediation terminated).

CRITICAL

Applies to

Mediation agreement

Handwritten or recorded mediation agreements must be typed and signed by all parties and their counsel, if any, within ten working days.

a. Handwritten or recorded mediation agreements must be typed and signed by all parties and their counsel, if any, within ten (10) working days.

CRITICAL

Applies to

Motion

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.

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

Summons

The minimum child support Standing Order must be attached to the summons in domestic relations proceedings involving children.

with said minimum child support Standing Order to be distributed to all members of the practicing bar, and attached with Summons, in each domestic relations proceeding, in which children are an issue

CRITICAL

Applies to

Case data information sheet

The Case Data Information sheet, Form AOC-FC-3, must be filed with the petition.

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

CRITICAL

Applies to

Emergency motion

Must include

proposed order

An emergency motion must include two orders: one granting the motion and scheduling a hearing, and one denying the motion; the source ends before completing the second order's description.

Attached to said motion shall be two orders: (1) granting said motion and scheduling for hearing; and, (2) denying said motion and scheduling for

CRITICAL

Applies to

Preliminary verified disclosure statement

Each party must file a Preliminary Verified Disclosure Statement, Form AOC-238, seven days before the Case Management hearing.

B. Preliminary Verified Disclosure Statements (Form AOC-238) shall be filed seven (7) days before the Case Management hearing by each party.

CRITICAL

Applies to

Petition

A dependency petition must be submitted for judicial review of legal sufficiency; if the Family Court Judge is unavailable it goes to a district judge, and an approved petition is initialed, distributed to the assigned assistant county attorney, and filed with the clerk.

All petitions shall be filed in accordance with FCRPP 20. The petition shall be submitted to the Family Court Judge for determination of legal sufficiency. If the If after review, the judge determines that the petition fails to state grounds for action Family Court Judge is unavailable the petition shall be presented to a district for review. approved, the judge shall initial the petition for filing. A copy shall be distributed to the pursuant to KRS Chapter 620, the petition shall be dismissed. If the petition is assistant county attorney assigned to prosecute dependency actions and the original shall be filed with the Office of the Pike Circuit Court Clerk.

CRITICAL

Applies to

Order or judgment

The order or judgment must be signed by counsel for all parties and presented to the Court.

shall be signed by~ counsel for all parties thereto as in conformity to the ruling or ,opinion, and shall be presented to the Court

CRITICAL

Applies to

Petition

A dependency petition must cite the statutes and facts supporting jurisdiction, provide full information about the child’s parents and their addresses, and reflect diligent efforts to locate the parents, including contacting the specified Child Support Division.

Any petition filed with this Court shall comply with the following conditions: 1. Citations to specific statute and factual allegations relied upon in asserting the Court's jurisdiction; and 2. Full information concerning the child's parents and their addresses). The not limited to, initiating contact with the Child Support Division of the Pike petitioner shall make diligent efforts to locate the child's parents, including but County Attorney's Office.

CRITICAL

Applies to

Order or judgment

Unless the Court prepares the order or it is tendered and signed in open court, counsel for the successful party must immediately prepare a conforming order or judgment when directed by the Court.

Except for Orders prepared by the Court and unless an Order is tendered and signed in Open Court, whenever any ruling is made or opinion rendered, an Order or Judgment in conformity therewith which, at the direction of the Court, shall immediately be prepared by counsel for the successful party

CRITICAL

Applies to

Order or judgment

After the Judge signs an order or judgment, it must be delivered to the Clerk for entry.

When signed by the Judge, the Order or Judgment shall be delivered to the Clerk for entry .

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; transfer to another circuit is permitted if a dissolution or custody matter is pending.

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

Pleading motion or other paper

A rubber stamp does not qualify as a signature under this rule or CR 11.

A rubber stamp shall not be deemed a signature either under this Rule or CR 11.

CRITICAL

Applies to

Family court case data sheet

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

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

CRITICAL

Applies to

Motion

A motion for a contempt rule must be supported by an affidavit showing the applicant's entitlement to relief.

The motion shall be supported by an affidavit showing that applicant is entitled to the relief sought .

CRITICAL

Applies to

Warrant or summons

The warrant or summons issued must specify the arraignment date and hour on its face.

The clerk shall specify the date and hour of arraignment on the face of the warrant or summons issued .

CRITICAL

Applies to

Motion

A motion must be accompanied at filing by a concise statement of supporting reasons or governing authority, except with respect to hearings on motions for rule.

Except with respect to hearings on motions for rule, no motion shall be heard by a presiding Judge unless, 1contemporaneously with its filing, a short concise statement of th i ( reasons in support of the motion, or citation of governing authority, is submitted to the presiding Judge .

CRITICAL

Applies to

Motion

Must include

proposed order

The party filing a motion must submit a proposed order with enough copies for distribution.

The party filing a motion will submit a proposed order with sufficient copies for distribution .

WARNING

Applies to

Superseding indictment

The clerk must file copies of all papers from the former indictment in the superseding-indictment file.

B. The clerk shall file a copy of all papers from the former indictment in the file of the superseding indictment .

WARNING

Applies to

Pretrial motion

The specified pretrial motions must include citations to the authorities counsel will rely upon.

All such motions shall be accompanied by any citations of authorities to be relied upon by counsel .

WARNING

Applies to

Arraignment order

The court must issue an order requiring the defendant and counsel to appear and plead to the superseding indictment.

D. The court shall issue an order requiring the defendant and his attorney to appear for arraignment to enter a plea to the superseding indictment .

WARNING

Applies to

Motion to waive divorce education attendance

A party may seek a waiver of the divorce education program by filing a verified motion stating the grounds for the waiver.

B. Parties may request waiver of attendance in the divorce education program a/k/a Families in Transition (FIT) by filing a verified Motion stating grounds for said waiver.

WARNING

Applies to

Superseding indictment

When returning a superseding indictment, the Commonwealth's attorney must attach a notice identifying the indictment being replaced.

A. When a superseding indictment is being returned, the attorney for the Commonwealth shall attach a notice to the superseding indictment so indicating and identifying the indictment being replaced .

WARNING

Applies to

Pretrial motion

Pretrial motions must strictly conform to the listed Criminal Rules.

B. All pretrial motions shall be made in strict conformity with RCr 4 .40, 4 .42, 4 .48, 8 .12, 8 .14, 8 .16, 8 .18, 8 .20, 8 .22, 8 .26, 9 .04, 9 .12, 9 .14, 9 .16, and 9 .26 .

WARNING

Applies to

Arraignment order

An arraignment order must identify the defendant's attorney and any conditions or modifications of bail.

H. An arraignment order shall be issued indicating the name of the defendant's attorney and any conditions or modifications of bail .

WARNING

Applies to

Pretrial motion

Pretrial motions requesting an evidentiary hearing and motions to suppress under RCr 9.78 must allege relied-on facts with particularity.

All pretrial motions requesting an evidentiary hearing and motions to suppress under RCr 9 .78 shall allege the facts to be relied upon with particularity .

WARNING

Applies to

Order or judgment

If the opposing party is unrepresented or its counsel does not attest to the order or judgment within a reasonable time, that fact and the dates must be endorsed on it.

If the party against I~whom the Order or Judgment is to be entered is not represented by counsel, or be represented by counsel who declines to attest with, a reasonable time the Order or Judgment, such fact and dates shall be endorsed thereon

WARNING

Applies to

Presentence motion

The specified presentence motions must be made in conformity with Rule 7B.

A motion for new trial under RCr 10 .02, a motion for judgment notwithstanding verdict under RCr 10 .24, or a motion to withdraw a guilty plea under RCr 8 .10 shall be made in conformity with Rule 7B hereof .