Pulaski Circuit Court Document Filing Requirements

CRITICAL

Applies to

Domestic violence petition

Must include

case number

Every domestic violence petition must be assigned a domestic violence “D” case number with the appropriate trailer number, if any, regardless of which judicial officer reviews it.

All domestic violence petitions shall be assigned a domestic violence "D" case number with the appropriate trailer number, if any, regardless of who (district judge, circuit judge, or trial commissioner) reviews the petition and orders the case filed.

CRITICALCivil cases

Applies to

Discovery answers

Answers to interrogatories, requests for production, and requests for admissions must not be filed unless the Court directs otherwise.

Answers to interrogatories, requests for production and requests for admissions shall not be filed unless otherwise directed by the Court.

CRITICAL

Applies to

Protective order petition

The judge reviewing a protective-order petition must indicate in its Court Action section which type of action will result.

B. 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.

CRITICALCivil cases

Applies to

Civil action

Custody, visitation, and other ancillary matters cannot be handled on the paternity docket and must be brought in a separate civil action.

No custody, visitation or other ancillary matters shall be handled on the paternity docket. The parties must file a separate civil action.

CRITICALCriminal cases

Applies to

Diversion order

The diversion period may not exceed five years unless the petitioner agrees.

9. Duration of the pretrial diversion shall not exceed five (5) years without agreement of the petitioner .

CRITICALCivil cases

Applies to

Adoption final hearing submission

The adoption checklist asks whether the petitioner tendered proposed findings of fact and conclusions of law and a separate judgment of adoption.

Has the petitioner tendered a proposed Findings of Fact, Conclusions of Law and a separate Judgment of Adoption?

CRITICALCivil cases

Applies to

Petition

The involuntary termination petition is checked for verification and all required information.

Does the petition contain the verification and all required information?

CRITICALCivil cases

Applies to

Summons

Cases may be reassigned or transferred when other pending actions or circumstances make review by another court proper; if that happens, the issuing judge must reissue a summons until the receiving judge can hear the matter.

Cases may be reassigned or transferred between courts if it is determined that there are other actions pending or circumstances indicate that review by the other court is proper. KRS 403.725, KRS 456.030. 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

Domestic violence petition

Must include

case number

Every domestic violence petition must be assigned a domestic violence “D” case number and any appropriate trailer number, regardless of who reviews it and orders it filed.

B. All domestic violence petitions shall be assigned a domestic violence "D" case number with the appropriate trailer number, if any, regardless of who (district judge, circuit judge, or trial commissioner) reviews the petition and orders the case filed.

CRITICALCivil cases

Applies to

Proof

Proof in an uncontested action must be taken by deposition or interrogatory.

Proof in an uncontested action shall be taken by deposition or interrogatory pursuant to CR 43.04(1).

CRITICALCivil cases

Applies to

Motion to set trial

A motion to set a domestic relations action for trial must be noticed for a regular Motion Hour.

A motion to set a domestic relations action for trial shall be noticed for any regular Motion Hour.

CRITICALCivil cases

Applies to

Motion for ruling to show cause

A party seeking a ruling to show cause must file a motion requesting a hearing date, which the Family Court Judge or staff will set.

The party moving for a ruling to show cause against another party in a Family Court case shall file the following with the clerk: A. A motion for a ruling to show cause and for a hearing date which shall be set by the Family Court Judge or his/her staff.

CRITICAL

Applies to

Report and recommendation

The Domestic Relations Commissioner must file a report and recommendation after the hearing and submission of all evidence and briefs.

6. The Domestic Relations Commissioner shall file a report and recommendation not later than 14 days following the hearing and the submission of all evidence and briefs.

CRITICALCivil cases

Applies to

Motion

A request for an order to obtain an in-chambers child interview video must be made by motion identifying the requested portion and stating the specific purpose.

An individual requesting a judicial order must file a motion for the request which specifically indicates the portion of the video record being requested is an in-chamber interview with a child and specific purpose for the request.

CRITICALCivil cases

Applies to

Judgment of termination of parental rights

A termination judgment must include only the child's name.

The Judgment of Termination of Parental Rights shall include only the name of the child.

CRITICAL

Applies to

Summary judgment motion

A summary judgment motion must identify the material facts the movant contends are undisputed.

Motions for summary judgment shall specifically state the material fact (s) as to which the movant contends there is no genuine issue.

CRITICALCivil cases

Applies to

Subpoena request for privileged records

A motion for a subpoena and release order for psychiatric or other privileged records must be accompanied by an affidavit stating legitimate grounds and a statutory or common-law basis, and the Court must hold a hearing before ordering release.

B. Subpoenas and accompanying orders for release of psychiatric and other privileged records shall only be issued by the Family Court upon motion by the requesting party, accompanied by an appropriate affidavit which shall set forth legitimate grounds for the request. Said affidavit shall specifically state a statutory and/or common-law basis for the issuance of the subpoena and order. The Court shall require a hearing prior to ordering the release of any privileged information.

CRITICALCriminal cases

Applies to

Diversion recommendation

A diversion recommendation must address the diversion conditions and the sentence if the agreement is unsuccessful; both may be included in one recommendation.

When diversion is recommended, the Commonwealth must make 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). Both may be included in one recommendation .

CRITICALCivil cases

Applies to

Order

A party seeking a ruling to show cause must file an order incorporating the affidavit's allegations and setting the appearance date supplied by the Judge or staff.

The party moving for a ruling to show cause against another party in a Family Court case shall file the following with the clerk: C. An order incorporating the allegation of the affidavit and setting the date which will be provided by the Judge or his/her staff, for the responding party to appear and show cause why he/she should not be held in contempt, e.g.:

CRITICALCivil cases

Applies to

Mutual written agreement

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

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

CRITICALCivil cases

Applies to

Separation agreement

If a Separation Agreement's child support obligation deviates from the KRS Chapter 403 guidelines, the agreement must state the reason.

If the child support obligation established in the Separation Agreement does not correspond to the child support guidelines contained in KRS Chapter 403, the agreement must state the reason for deviation from the guidelines.

CRITICAL

Applies to

Motion

Motions, except those concerning trial or pre-trial conference dates, must state their grounds and supporting legal authority.

F. All motions, except for trial or pre-trial conference dates, shall include a statement of the grounds for the motion and the legal authority relied upon in support of the motion.

CRITICALCivil cases

Applies to

Motion to submit

A motion to submit in a case tried by deposition or interrogatory must include a statement of desired findings of fact, conclusions of law, and judgment.

In any case tried by deposition or interrogatory, a motion to submit shall be accompanied by a statement of desired Findings of Fact, Conclusions of Law and Judgment.

CRITICALCivil cases

Applies to

Proposed findings of fact conclusions of law and order

At the presiding Family Court Judge's request, the prevailing party must tender proposed findings, conclusions, and an order if the responding party is found in contempt.

D. Proposed Findings of Fact, Conclusions of Law and Order, or if the responding party is subsequently found to be in contempt, shall be tendered by the prevailing party at the request of the presiding Family Court Judge.

CRITICALCivil cases

Applies to

Order and judgment

All orders and judgments must contain a distribution list that includes any acts the order or judgment requires the Clerk to perform.

All orders and judgments shall contain a distribution list, same to include any acts required of the Clerk by said order or judgment, as set out in the following example:

CRITICALCivil cases

Applies to

Discovery requests

Copies of interrogatories, requests for production, and requests for admissions under CR 33, 34, and 36 must be filed with the Clerk.

Copies of interrogatories, request for production and requests for admissions made pursuant to CR 33, 34 and 36, shall be filed with the Clerk.

CRITICAL

Applies to

Motion for order of submission

After proof is taken, a party may move for an order of submission; the motion must state whether the action is contested and identify the contested issues.

After completing the taking of proof, either party may move the Court for an order of submission. The motion shall state whether or not the action is contested and, if contested, the specific issues in controversy.

CRITICALCivil cases

Applies to

Notice of settlement or continuance

Must include

proposed order

The required written notice of settlement or continuance must be submitted as a proposed order identifying the scheduled date and removing the matter from the hearing calendar.

Upon settlement of any case or request for a continuance where a trial or hearing has been scheduled, counsel shall promptly notify the Clerk and Court in writing by submission of a proposed order identifying the scheduled trial or hearing date and removing the matter from the hearing calendar.

CRITICALCivil cases

Applies to

Family court case

Must include

caption

Cases filed in the 28th Judicial Circuit Family Court must use the specified caption format.

Cases filed in the family court of the 28t judicial circuit shall be styled as follows: COMMONWEALTH OF KENTUCKY 28th JUDICIAL CIRCUIT LINCOLN CIRCUIT COURT DIVISION III (FAMILY COURT) CASE NO.

CRITICAL

Applies to

Temporary child support motion

A motion for temporary child support must include a completed child support worksheet consistent with the guidelines and affidavits supporting its data.

Every party moving for temporary child support shall include a completed child support worksheet, consistent with the child support guidelines, and affidavits to support the data on same.

CRITICALCivil cases

Applies to

Revised findings of fact and conclusions of law

If the Court requires revisions, the Petitioner must tender revised findings and conclusions within three business days after the final hearing.

Should the Court require revisions, the Petitioner shall tender a revised Findings of Fact and Conclusions of Law and a separate Judgment of Adoption or Termination of Parental Rights within three (3) business days following the Final Hearing for the Court's entry.

CRITICALCivil cases

Applies to

Affidavit

A party seeking a ruling to show cause must file an affidavit stating facts that support the motion.

The party moving for a ruling to show cause against another party in a Family Court case shall file the following with the clerk: B. An affidavit setting forth facts supporting the motion.

CRITICALCivil cases

Applies to

Intake form

A completed intake form must be submitted before staff mediation is scheduled, unless the Family Court Judge approves otherwise.

A completed intake form must be submitted prior to scheduling any mediation with the staff unless otherwise approved by the Family Court Judge.

CRITICAL

Applies to

Motion for order of submission

A motion for an order of submission must state whether the action is contested and, if so, identify the issues in controversy.

The motion shall state whether or not the action is contested and, if contested, the specific issues in controversy.

CRITICAL

Applies to

Summary judgment motion

A summary judgment motion must identify the material facts the movant contends are undisputed.

Motions for summary judgment shall specifically state the material fact (s) as to which the movant contends there is no genuine issue.

CRITICALCivil cases

Applies to

Wage withholding

Counsel for the child-support recipient must draft, file, and mail the wage-withholding document using the form required for the filing party.

It shall be the responsibility of counsel for the recipient of the child to draft, file and mail the wage withholding utilizing the AOC Form 152 and the OMB-0970-0154 if filed by a private party or the CS-89 if filed by the state child support agency, in compliance with FCRPP 9.

CRITICALCivil cases

Applies to

Guardian ad litem report

Has an investigation been completed by the Cabinet for Families and Children as required by KRS 199.510 (1) (a-c)? If yes, a final hearing may be scheduled if the report by the Guardian ad litem, if any, has been filed. KRS 199.515

Has an investigation been completed by the Cabinet for Families and Children as required by KRS 199.510 (1) (a-c)? If yes, a final hearing may be scheduled if the report by the Guardian ad litem, if any, has been filed. KRS 199.515

CRITICAL

Applies to

Motion

Motions, except those concerning trial or pre-trial conference dates, must state their grounds and supporting legal authority.

F. All motions, except for trial or pre-trial conference dates, shall include a statement of the grounds for the motion and the legal authority relied upon in support of the motion.

CRITICALCivil cases

Applies to

Notarized consent form

The adoption checklist asks whether a notarized consent form has been filed and, if not, whether an exception to consent applies.

Has a notarized consent form been filed? KRS 199.500 Yes _No Does it comply with KRS 199.011(14)? If notarized consent has not been filed, do any of the exceptions to consent apply? KRS 199.500 (1)(a-d) or KRS 199.502

CRITICALCivil cases

Applies to

Motion notice

Each notice must state the motion's subject matter and the action requested from the Court in general terms.

C. Each notice shall state therein, in general terms, the subject matter of the motion and the action of the Court requested by the movant.

CRITICALCivil cases

Applies to

Petition

The judge reviewing an order-of-protection petition must indicate 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.

CRITICALCivil cases

Applies to

Written continuance agreement

The parties’ agreement to waive the 45-day requirement or continue the temporary custody order beyond 45 days must be in writing and include specific reasons.

In any case in which the parties waive the 45 day requirement of KRS 620.090(5) or the parties agree to continue the temporary custody order beyond the 45 days, all parties shall agree in writing and state specific reasons why the waiver and/or continuance beyond the 45 days is necessary to serve the best interest of the child, i.e., for accumulation or presentation of evidence or witnesses, to protect the rights of a party, or for other good cause.

CRITICALCivil cases

Applies to

Discovery motion

A party seeking an order compelling discovery, a protective order, or sanctions must include a counsel-signed certificate detailing the resolution efforts and why court intervention is necessary.

The party seeking entry of an order compelling discovery, entry of a protective order, or for sanctions shall include a "certificate of good faithi signed by counsel which details the efforts to resolve the dispute and that such dispute cannot be resolved without intervention of the Court

CRITICAL

Applies to

Summons

If a case is reassigned or transferred, the issuing judge must reissue 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.

CRITICALCivil cases

Applies to

Separation agreement and final decree

A Separation Agreement or Final Decree with parenting-time provisions must incorporate the approved parenting-time schedule and include the specified relocation language.

Each Separation Agreement and Final Decree, which includes provisions for parenting time, shall include a statement incorporating the parenting time-sharing schedule ordered by the Court or agreed to by the parties and approved by the Court, and shall also include the following language: The agreed parenting time-sharing schedule is based on the current residences of the parties. Any parent who wishes to relocate shall comply with the requirements of FCRPP 7(2) prior to such relocation.

CRITICALCivil cases

Applies to

Supporting documents

Each party must bring supporting documents to the mediation conference.

Each party shall bring to the mediation conference any and all supporting documents to support their position.

CRITICALCivil cases

Applies to

Voluntary termination filing packet

Must include

proposed order

The voluntary termination petition must be filed with a motion to schedule final trial, an order scheduling final trial, and a tendered order.

Along with the Petition for Termination of Parental Rights, a motion to schedule final trial and Order scheduling final trial shall be filed with the Circuit Clerk along with a tendered order.

CRITICALCriminal cases

Applies to

Diversion order

The diversion period must last at least as long as necessary to pay restitution in full and must be extended if restitution remains unpaid.

10 . Duration of the pretrial diversion shall not be less than the time required to make restitution in full and shall be extended if restitution is not paid in full.

CRITICALCriminal cases

Applies to

Motion response

The Commonwealth must make a recommendation to the Court in response to each motion.

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

CRITICALCivil cases

Applies to

Guardian ad litem fee motion and affidavit

The guardian ad litem fee motion and affidavit must be filed promptly at the final hearing or before entry of final judgment.

Guardian ad litem fee Motion and Affidavit shall be promptly filed at the final hearing or prior to entry of the final judgment.