Powell County Circuit Court, Kentucky Document Filing Requirements

CRITICALCriminal cases

Applies to

Pretrial diversion order

The diversion order must include restitution when the victim has suffered monetary damage.

Restitution, where victim has suffered monetary damage.

CRITICAL

Applies to

Show cause motion

A party seeking a show-cause order for contempt must file a motion supported by a sufficient affidavit showing entitlement to the order.

To procure an order requiring a party to show cause why he or she should not be held in contempt for violation of a court's order, a motion supported by a sufficient affidavit showing that applicant is entitled to the order must be filed.

CRITICAL

Applies to

Motion

Motions must be noticed for hearing unless they may be heard ex parte or a rule allows otherwise.

Unless a motion may be heard ex parte or a rule allows otherwise all motions to be heard shall be noticed for hearing, e-filed with the Clerk unless not required by law, and copies served by mail, hand delivery, or electronic transmission pursuant to CR 5.02 on all parties.

CRITICAL

Applies to

Petition

A petition filed with the Court must be accompanied by the applicable FCRPP 40 form.

If a Petition is filed with the Court, it shall be accompanied by the applicable form as required by FCRPP 40,

CRITICAL

Applies to

Petition

The judge reviewing a petition 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.

CRITICALCriminal cases

Applies to

Written 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.

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.

CRITICALCriminal cases

Applies to

Order of diversion

A diversion order must address restitution when applicable, supervision status and applicable fees, duration, compliance with Probation and Parole rules, and the defendant’s required conduct and conditions.

The Order of Diversion shall include: 1. Restitution, where victim has suffered monetary damage. 2. Whether the diversion shall be supervised or unsupervised (and include supervision fees, if applicable). In the event diversion is to be supervised, a monthly supervision fee of no less than $10.00 or more that $25 .00 shall be imposed on the divertee . 3. Duration of the diversion. 4. Requirement that the defendant obey all rules and regulations imposed by Probation & Parole . 5. As required by KRS 533.030(1) [conditions of probation-restitution], Direction that the defendant not to commit any offense during the period of the pretrial diversion. The defendant shall be specifically directed to comply with any other provision of KRS 533.030 or any other condition the Court deems appropriate .

CRITICALCriminal cases

Applies to

Pretrial diversion application

The defense attorney must submit the diversion application to the Circuit Judge and Commonwealth Attorney; the application must state that diversion waives the defendant’s speedy-trial or disposition right, and the defendant must agree to the waiver on the record.

The defense attorney will submit an application for pre-trial diversion to the Circuit Judge and the Commonwealth Attorney . In the application 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 ofthe charge against him/her is waived.

CRITICAL

Applies to

Guardian ad litem report

The GAL report must be filed in the record before an adoption proceeding may be assigned a final hearing date.

No adoption proceeding shall be assigned a final hearing date until the report of the GAL is filed in the record.

CRITICAL

Applies to

Motion for compensation

Motions for compensation must include an affidavit stating the basis for appointment, details and reasonableness of the services and fee, and the disposition date.

B. Motions for compensation shall be accompanied by an affidavit indicating: a. The statutory basis for appointment; b. The hours of service rendered with a brief description of the services rendered and reasonableness of the fee requested; and c. That the action or proceeding have been concluded and the date of disposition.

CRITICAL

Applies to

Ex parte temporary motion

An ex parte motion concerning temporary child custody, support, or maintenance must include supporting affidavits sufficient to state grounds for injunctive relief.

An ex parte motion relating to these issues must be accompanied by supporting affidavits sufficient to state grounds for injunctive relief.

CRITICAL

Applies to

Motion

Must include

proposed order

A proposed conforming order, including any order requiring findings of fact and conclusions of law, must be tendered with each motion except a motion to set a pretrial conference or trial date.

All motions, including motions for summary judgment but excluding motions to set a pretrial conference or trial date, shall be filed with the tender of a proposed order in conformity therewith including such Orders that require findings of fact and conclusions of law.

CRITICAL

Applies to

Warning order attorney report

If a Warning Order Attorney was appointed, that attorney’s report must be filed before assignment of the final contested hearing or submission on deposition.

If a Warning Order Attorney was appointed the Warning Order Attorney's report must also first be filed before an assignment of the final contested hearing or submission upon deposition.

CRITICAL

Applies to

Order

The party preparing an order must ensure that it contains a Distribution list in the stated form.

It shall be the responsibility of the party preparing the Order to make sure that all Orders contain a Distribution list as set out in the example below:

CRITICAL

Applies to

Status offense complaint

An adult with a reasonable basis to lodge a status-offense complaint must file a KRS Chapter 630 complaint with the Court Designated Workers.

A complaint pursuant to KRS Chapter 630, Status Offenders, shall be filed the Court Designated Workers by any adult who has a reasonable basis to lodge such complaint.

CRITICAL

Applies to

Order or judgment

The order or judgment must identify the counsel who prepared it and state on its face if the opposing party is unrepresented.

It shall also have the documentation of which counsel it was "prepared by." If the party against whom the Order or Judgment is entered is not represented by counsel, that fact shall be endorsed thereon.

CRITICAL

Applies to

Response

A response filed at a party's request or by Court order must be in the same form as the motion, including a brief statement of grounds and citations of authorities relied upon.

If a party desires to respond or if the Court orders a response, the response to any motion shall be in similar form

CRITICAL

Applies to

Adoption petition

The adoption petition must comply with KRS Chapter 199 and FCRPP 32 and 33, and a GAL must be appointed for the child unless the stated statutory exception applies.

The petition shall be filed pursuant to KRS Chapter 199, and in accordance with FCRPP 32 and 33, and a Guardian ad Litem (GAL), shall be appointed for the child(ren), unless the provisions of KRS 199.480(3) are met.

CRITICAL

Applies to

Discovery motion

Must include

certificate of conference

The moving party shall attach to the motion a certification of counsel that he or she has attempted to resolve the dispute and that they have been unable to do so. The certification should detail the attempts of counsel to resolve the dispute.

The moving party shall attach to the motion a certification of counsel that he or she has attempted to resolve the dispute and that they have been unable to do so. The certification should detail the attempts of counsel to resolve the dispute.

CRITICAL

Applies to

Petition

A petition under KRS Chapter 620 and FCRPP 20 must be filed on AOC-DNA-1 and seek removal or non-removal of the child.

The petition pursuant to KRS Chapter 620 and FCRPP 20 shall be filed on AOC-DNA-1 seeking removal or non-removal of a child alleged to be dependent, neglected or abused.

CRITICAL

Applies to

Petition

A petition must cite the statutes and factual allegations supporting jurisdiction, provide full parental information and addresses, and describe the petitioner's diligent efforts to locate the parents.

Any petition filed with this Court shall comply with the following conditions: 1. It must cite to specific statutes and factual allegations relied upon in a certain the Court's jurisdiction; and 2. Full information concerning the child's parents and their addresses). The petitioner shall make diligent efforts to locate the child's parents, including but not limited to, initiating contact with the Child Support Division of the local County Attorney's Office friends and relatives of the parents and local jails.

CRITICAL

Applies to

Show cause order

A show-cause order must briefly state its grounds and include the specified warning that failure to appear will result in an arrest order.

The Order shall contain a short statement of the grounds for its issuance and the following statement: IF YOU FAIL TO APPEAR AT THE HEARING, AN ORDER FOR YOUR ARREST WILL BE ISSUED.

CRITICAL

Applies to

Video copy release

The Circuit Court Clerk's Offices must not release copies of family-court videos of in-chambers interviews with children without a specific written order from the presiding family court judge.

The Circuit Court Clerk's Offices in the 39" Judicial Circuit shall not release any copies of family court video in chamber interviews with children without a specific written order from the presiding family court judge.

CRITICALCriminal cases

Applies to

Pretrial diversion order

AOC Form 345 must be used for an order granting pretrial diversion.

AOC Form 345, styled Order Granting Pretrial Diversion of a Class D Felony, shall be used for this purpose.

CRITICAL

Applies to

Deposition transcript

The Court must be furnished a certified, accurate, and complete typed transcript of the testimony and all objections in addition to the video recording.

In addition to the video recording of each deposition, there shall be furnished to the Court, for the purpose of ruling upon objections in advance of trial, a typed transcript of the verbal testimony and all objections thereto, duly certified to be accurate and complete.

CRITICAL

Applies to

Stipulation

Before trial, counsel must meet or confer by telephone to discuss settlement possibilities and preparation of a written stipulation of all possible facts.

Prior to the trial date, counsel for the parties shall meet or confer via telephone for a final discussion of (1) possibility of settlement, and (2) preparation of written stipulation of all possible facts.

CRITICALCriminal cases

Applies to

Partial presentence investigation report

The Commonwealth must have the Office of Probation and Parole prepare a partial presentence investigation report.

Have the Office ofProbation and Parole prepare a partial pre-sentence investigation report.

CRITICAL

Applies to

Uncontested dissolution submission

If the parties agree on all issues, they may seek a dissolution decree without a hearing by filing an agreed order to submit with the clerk and tendering a proposed decree and the information required by FCRPP 3(1).

If parties reach an agreement on all issues, a decree of dissolution may be obtained without a hearing by filing an agreed order to submit in the Circuit Court Clerk's office in the county where the case is filed and tendering a proposed decree of dissolution of marriage and all requisite information required by FCRPP 3(1).

CRITICAL

Applies to

Order

A sale must occur within the time specified in the Judgment and Order of Sale; if that time expires, a new order setting a later sale date is required.

B. Sales cannot occur outside the time specified in the Judgment and Order of Sale. If the specified time expires, there must be a new Order setting forth a later sale date.

CRITICALCriminal cases

Applies to

Pretrial diversion motion

If the Commonwealth recommends diversion, AOC Form 347 must be filed with the Circuit Court Clerk and must contain the recommendation and the signatures of the defendant, defense attorney, and Commonwealth Attorney.

In the event the Commonwealth Attorney recommends diversion, AOC Form 347, Styled Motion for Pre-trial Diversion of a Class D Felony (which contains the recommendation of the Commonwealth and is signed by the defendant, defense attorney, and the Commonwealth Attorney) will be filed with the Circuit Court Clerk.

CRITICALCriminal cases

Applies to

Pretrial diversion order

The Court may order pretrial diversion on appropriate terms and conditions, and must use AOC Form 345 for the order.

The Cowl may, in its discretion, order pretrial diversion for eligible petitioners upon terms and conditions it deems appropriate . AOC Form 345, styled Order Granting Pretrial Diversion of a Class D Felony, shall be used for this purpose .

CRITICAL

Applies to

Written order

Copies of confidential family court video records may not be released without a specific written order from the presiding family court judge.

The Circuit Clerk's Office in the 39" Judicial Circuit shall not release any copies of family court confidential video records without a specific written order from the presiding family court judge

CRITICAL

Applies to

Notice of hearing

A hearing notice must specify the hearing's date, time, and place.

The notice of the hearing shall specify the date, time, and place for the hearing.

CRITICALCriminal cases

Applies to

Pretrial diversion order

Whether the diversion shall be supervised or unsupervised (and include supervision fees, if applicable). In the event diversion is to be supervised, a monthly supervision fee of no less than $10 .00 or more that $25 .00 shall be imposed on the divertee .

Whether the diversion shall be supervised or unsupervised (and include supervision fees, if applicable). In the event diversion is to be supervised, a monthly supervision fee of no less than $10 .00 or more that $25 .00 shall be imposed on the divertee .

CRITICAL

Applies to

Default judgment motion

If the party in default has appeared in the action, the default-judgment motion must appear on a docket.

If a party in default has appeared in the action, the motion shall appear on a docket

CRITICAL

Applies to

Initial hearing

At the initial hearing, the Court must explain the child's rights and charge on the record and use AOC-JV-49.

The Court shall explain to the child on the record his or her rights and the charge and shall utilize AOC-JV-49 Notice of Juvenile Rights and Consequences for Status Offenders.

CRITICALCriminal cases

Applies to

Pretrial diversion application

The defense attorney must submit the application to the Circuit Judge and Commonwealth Attorney, and the application must state the speedy-trial or disposition waiver agreed to by the defendant on the record.

The defense attorney will submit an application for pre-trial diversion to the Circuit Judge and the Commonwealth Attorney. In the application 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

Joint statement

If counsel dispute whether a proposed order conforms to the ruling, they must notify each other, review the hearing video within five business days, and, if still in disagreement, tender a joint statement with both proposed orders and a tape citation.

In the event counsel disagree on whether a proposed order is in conformity with the judge's ruling counsel shall notify each other of the disparity, and within five (5) business days of notice, shall review the video tape of the hearing, and if still in disagreement, counsel shall tender a joint statement to the judge with both proposed orders attached thereto for entry by the Court. The statement shall reference the tape citation to the judge's ruling.

CRITICAL

After the final conference, counsel must advise the Court that it was held and report its results.

Upon completion, counsel for the parties shall advise the Court that such final conference was held and the results thereof.

CRITICAL

Applies to

Order decree judgment

Tendered orders, decrees, and judgments must place “Prepared By” above the tendering attorney’s or party’s signature.

All orders, decrees and judgments tendered to the Court shall contain the words "Prepared By" above the signature of the attorney or party tendering same and shall contain the Family Court Clerk's certificate of service to all parties and counsel.

CRITICAL

Applies to

Signed release

A party must provide signed releases for relevant information upon request, subject to a good-cause or agreed-order exception.

Each party, except for good cause shown or by agreed order, shall serve upon the other a Preliminary Verify Disclosure Statement AOC-238 and provide signed releases upon request for relevant information.

CRITICALCriminal cases

Applies to

Written recommendation

The Commonwealth must make a written recommendation for each application using AOC Form 347.

The Commonwealth shall make a written recommendation to the Court in response to each application . AOC Form 347, Styled Motion for Pre-trial Diversion of a Class D Felony shall be used for this purpose .

CRITICAL

Applies to

Request for counsel

Appointment of counsel for a named party, parent, or custodian upon request requires execution of the specified financial statement, affidavit, and request-for-counsel form, as well as qualification.

The Court shall appoint a Guardian ad Litem for the minor child/children, and an attorney for any named party, parent or custodian upon their request and execution of a DNA 11 Financial Statement, Affidavit of Indigence and Request for Counsel Form and qualification.

CRITICALCriminal cases

Applies to

Court record

If the diversion agreement is accepted, the Court must make a specific on-the-record finding that the defendant entered both the plea and agreement voluntarily and with understanding.

If the diversion agreement is accepted, the Court shall make a specific finding on the record that the defendant entered the plea AND entered into the diversion agreement voluntarily, freely, intelligently and understandingly .

CRITICAL

Applies to

Continuance motion

If efforts to arrange a mutually agreeable hearing time fail, the continuance request must be made in a written motion stating the reasons for the request.

Should this prove unsuccessful, the party desiring the continuance shall immediately file a motion for a continuance in writing stating the reasons for the continuance and shall send a copy directed to the attention of the Judge, as well as, filing it with the Clerk.

CRITICALCriminal cases

Applies to

Written recommendation

When recommending diversion, the Commonwealth must provide 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 . KRS 533 .252(3) .

CRITICAL

Applies to

Pleadings

Pleadings must provide the personal identifying information required by KRS Chapters 205, 403, 405, and 407.

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

CRITICAL

Applies to

Default judgment motion

A party seeking default judgment under CR 55.01 must file a written motion accompanied by the specified attorney certificate and military-service affidavit.

A written motion must be filed by a party seeking a judgment by default under CR 55.01. The motion shall be accompanied by: (1) a certificate of the attorney that the opposing party has been served and that no papers have been served upon the attorney by the party in default; and (2) an affidavit stating whether the party in default is in the military service.

CRITICALCriminal cases

Applies to

Court record

If the diversion agreement is accepted, the Court must make a specific on-the-record finding that the defendant entered the plea and agreement voluntarily, freely, intelligently, and understandingly.

If the diversion agreement is accepted, the Court shall make a specific finding on the record that the defendant entered the plea AND entered into the diversion agreement voluntarily, freely, intelligently and understandingly.