Powell County Circuit Court, Kentucky Document Filing Requirements

CRITICAL

Applies to

Sale cancellation

A sale may be cancelled only in writing through both the Master Commissioner's Office and the Circuit Judge's Office.

C. Sales may only be cancelled through the Master Commissioner's Office and Circuit Judge's Office in writing.

CRITICALCriminal cases

Applies to

Commonwealth recommendation

The Commonwealth must submit 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.

CRITICALCriminal cases

Applies to

AOC Form 347

If the Commonwealth Attorney recommends diversion, AOC Form 347 must be filed with the Circuit Court Clerk and signed by 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

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

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 .

CRITICAL

Applies to

Video deposition

When completed, the reporter who took the deposition must transmit its video and typed transcript to the Clerk in the manner required by law.

When completed, the video and typed transcript of each deposition thus taken shall be transmitted to the Clerk of the Court by the reporter who took the same in the manner required by law.

CRITICAL

Applies to

Written interrogatories

In the specified uncontested cases, the parties must submit proof by written interrogatories.

In uncontested cases where there is a written Separation Agreement executed by both parties and filed in the record, the parties shall submit proof by written interrogatories.

CRITICALCriminal cases

Applies to

Commonwealth recommendation

When recommending diversion, the Commonwealth must provide written recommendations on diversion conditions and the sentence to impose if the agreement fails.

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

VS-300 form

The party filing a dissolution petition must tender a completed VS-300 form to the clerk when filing.

The party filing the petition for dissolution of marriage shall tender to the clerk, at the time of filing, the completed VS-300 form typed and with signature in black or blue ink.

CRITICAL

Applies to

Child support worksheet

A child support worksheet must be provided to the court in an uncontested case involving minor children, even if the parties agree to a deviation.

In uncontested cases involving minor children, a child support worksheet shall be provided to the Court even if a deviation has been agreed upon.

CRITICALCriminal cases

Applies to

Partial presentence investigation report

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

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

CRITICALCriminal cases

Applies to

Pretrial diversion application

Defense counsel must submit the diversion application to the Circuit Judge and Commonwealth Attorney, state that granting diversion waives the defendant’s speedy-trial or disposition rights, and obtain the defendant’s agreement 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

Order or judgment

After a ruling or opinion, the movant must prepare a conforming order or judgment unless the Court directs otherwise.

When a ruling is made or opinion rendered, an order or judgment in conformity therewith shall be prepared by the movant or as directed by the Court.

CRITICAL

Applies to

Petition

The voluntary termination petition must be filed pursuant to KRS Chapter 625 and FCRPP 32.

The Petition shall be filed pursuant to KRS Chapter 625 and FCRPP 32.

CRITICAL

Applies to

Jury instructions

Counsel must tender proposed jury instructions to the Court for review on the first day of trial.

Counsel shall tender proposed Jury Instructions on the first day of trial for the Court's review.

CRITICAL

Applies to

Temporary child support motion

A motion for temporary child support must include verification of child-care and health-insurance costs, if applicable.

In addition to the requirements of FCRPP 9, a motion for temporary child support shall be accompanied by verification of child care and health insurance cost if applicable.

CRITICAL

Applies to

Motion

Each motion must include a brief statement of its grounds and citations to relied-upon authorities, which may appear in the body of the motion.

There shall be filed with each motion a brief statement of the grounds therefore with citations of authorities relied upon, which may be set forth in the body of the motion, if the pleader so desires.

CRITICAL

Applies to

Petition

The involuntary termination petition must be filed pursuant to KRS Chapter 625 and FCRPP 32 and 34.

The Petition shall be filed pursuant to KRS Chapter 625 and FCRPP 32 and 34.

CRITICAL

Applies to

Agreed order

Counsel need not attend the docket call if a qualifying agreed order is submitted to the Clerk beforehand; the order must be signed by affected parties’ counsel, identify the resolved motion, and state the agreement’s terms.

If an agreed order, signed by counsel for all parties affected, relating to a motion appearing on the docket is submitted to the Clerk prior to the call of the docket, counsel need not attend the call of the docket. The agreed order shall refer to the Motion resolved in the agreed order and set forth the terms of the agreement.

CRITICAL

Applies to

Hearing notice

Within the statutory period, petitioner’s counsel must obtain a final hearing date directly from the Court, notify all necessary parties, and tender a Notice conforming to that date for notice to those parties.

Within the time period required by statute, counsel for the Petitioner with notice to all necessary parties, shall obtain a final hearing date directly from the Court and tender an Notice in conformity with the given date to be noticed to all necessary parties.

CRITICAL

Applies to

Written motion

A request for confidential video records must be made by written motion that gives notice to all parties, including the Guardian ad Litem, and states the reason for the request and its proposed use.

an individual request in such an order must follow written motion which includes notice to all parties including the Guardian ad Litem, setting forth the reason for the request and the proposed use thereof.

CRITICALCriminal cases

Applies to

Order voiding pretrial diversion

AOC Form 346 must be used for an order voiding pretrial diversion.

AOC Form 346, styled Order Voiding Pretrial Diversion of a Class D Felony shall be used for this purpose .

CRITICAL

Applies to

Expense submission

Any expenses paid by the prospective adoptive parents must be submitted to the Court pursuant to KRS 625.0405(2).

Any expenses paid by the prospective adoptive parents) shall be submitted to the Court per KRS 625.0405(2).

CRITICAL

Applies to

Deposition record

Each deposition must be taken before a qualified officer who can administer the witness's oath and certify that the record is accurate and complete.

Each deposition shall be taken before an officer duly qualified to administer the oath to the witness and to certify that the record thus made is accurate and complete.

CRITICAL

Applies to

Default judgment

A default judgment must state that the movant furnished the certificate required by CR 55.01.

Any judgment by default entered by the Court shall, as a part thereof, state that the movant has furnished the certificate as required by CR 55.01.

CRITICAL

Applies to

Discovery service notice

A notice of service under CR 33, CR 34, and CR 36 must be filed in the record to indicate initial discovery service and response.

A one-page notice of service under CR 33, CR 34, and CR 36 shall be filed in the record to indicate initial service of and response to discovery.

CRITICAL

Applies to

Agreed order

Agreed orders must be signed by all counsel of record or affected unrepresented parties; trial-continuance orders are excluded, and affected counsel need not appear for these orders.

C. The Court will execute all Agreed Orders signed by all counsel of record or by the parties not represented by counsel who are affected by the Order with the exception of Orders continuing the trial of any case. The disposition of such Orders shall not appear on the motion day docket, and counsel for the parties affected by such Orders need not appear before the Court.

CRITICAL

Applies to

Written motion

A person seeking the order must file a written motion stating the reason for the request and the proposed use of the video copy.

An individual requesting such an order must file a written motion, for the request which specifically sets forth the reason for the request and the proposed use thereof.

CRITICALCriminal cases

Applies to

Order voiding pretrial diversion

AOC Form 346 must be used to void a pretrial diversion order.

AOC Form 346, styled Order Voiding Pretrial Diversion of a Class D Felony shall be used for this purpose.

CRITICAL

Applies to

Default judgment motion

A party seeking default judgment under the specified rules must file a written motion on the motion docket and include the movant's CR 55.01 certificate.

A party seeking a judgment by default where CR 55.01, 5.01, or 6.03 apply shall file a written motion for such judgment, which must appear on the motion docket. Said motion shall be accompanied by the movant's certificate as stated in CR 55.01.

CRITICALCriminal cases

Applies to

Pretrial diversion motion

The Commonwealth must use AOC Form 347 for its recommendation.

AOC Form 347, Styled Motion for Pre-trial Diversion of a Class D Felony shall be used for this purpose .

CRITICAL

Applies to

Motion to set for trial

A party seeking a trial date must file a motion entitled “Motion to Set for Trial,” which is placed on the motion docket.

Any party desiring a trial date shall file a motion entitled "Motion to Set for Trial" which shall be placed on the motion docket.

CRITICAL

Applies to

Disposition report

A Disposition Report must be filed in the record.

The Disposition Report pursuant to FCRPP 26 shall be filed in the record and a copy given to the counsel, pro se litigants, and Guardian ad Litem seven (7) days prior to the disposition hearing or review.

CRITICAL

Applies to

Final verified disclosure statement

Before a contested final hearing, the Final Verified Disclosure Statement AOC-239 must be filed in the record.

Prior to a contested final hearing a Final Verified Disclosure Statement AOC-239 shall be filed in the record and served upon the other party.

CRITICAL

Applies to

Case progress report

As ordered by the Court, case progress reports must be prepared and filed in cases where a child is committed to the Cabinet for Health and Family Services.

The case progress reports required by KRS 620.240 shall be prepared, filed and delivered to each party in every case in which a child is committed to the Cabinet for Health and Family Services as ordered by the Court.

WARNING

Applies to

Agreement

Only mutual written agreements filed in the record may be enforced by the Court.

Only mutual written agreements in writing filed in the record may be enforced by the Court.

INFOCriminal cases

Applies to

Pretrial diversion order

A diversion order may include drug- and alcohol-free requirements with random testing, prohibitions on specified violations, and a prohibition on possessing firearms or other deadly weapons.

The Order of Diversion may include the following : 1. That the defendant remain drug and alcohol free and be subject to random testing . 2. That the defendant have no violation of the Penal Code or the Controlled Substance Act. That the defendant possess no firearm or any other deadly weapon.

INFO

Applies to

Proposed order

Counsel or parties may tender a proposed order, decree, or judgment by the hearing date.

Counsel or parties may tender a proposed order, decree or judgment on or before the date of the hearing.

INFOCriminal cases

Applies to

Order of diversion

A diversion order may include requirements to remain drug- and alcohol-free and submit to random testing, avoid Penal Code or Controlled Substance Act violations, and possess no firearm or other deadly weapon.

The Order of Diversion may include the following: l. That the defendant remain drug and alcohol free and be subject to random testing. 2. That the defendant have no violation of the Penal Code or the Controlled Substance Act. 3. That the defendant possess no firearm or any other deadly weapon.