Pulaski Circuit Court Document Filing Requirements

CRITICALCivil cases

Applies to

Affidavit

If adoptive parents paid expenses for the biological parents, the expenses must be submitted to the court with an affidavit detailing them for court approval or modification.

Did the adoptive parents pay any expenses for the biological parents? If yes, were the expenses submitted to the Court, supported by an affidavit, setting forth in detail a listing of the expenses for the Court's approval or modification?

CRITICALCivil cases

Applies to

Summons

The summons served with the reissued emergency protective order must contain the new hearing date.

If the respondent has been served, the emergency protective order shall be reissued at that time and served with a summons containing the new hearing date.

CRITICALCivil cases

Applies to

Motion for compensation

A motion for compensation must include an affidavit stating the appointment basis, service hours and description, fee reasonableness, and that the proceeding has concluded.

Motions for compensation shall be accompanied by an affidavit indicating: 1. The statutory basis for appointment; 2. The hours of service rendered with a brief description of the services rendered and reasonableness of the fee requested; and 3. That the action or proceedings have been concluded.

CRITICALCivil cases

Applies to

Agreed order

An Agreed Order must be accompanied by proposed findings of fact and conclusions of law when it involves a final and appealable matter or when law otherwise requires them, except for orders dealing solely with procedural matters.

D. Any "Agreed Order," except one dealing solely with a procedural matter such as the method of presenting proof, shall be accompanied by a proposed Findings of Fact, and Conclusions of Law, if involving a final and appealable matter or otherwise required by law.

CRITICAL

Applies to

Protective order petition

The reviewing judge must identify in the petition’s “Court Action” section whether the case is a domestic violence action or an interpersonal protective order action.

The judge reviewing a petition for any 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 for temporary child support

A motion for temporary child support must include a completed child support worksheet and supporting affidavits.

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

Mediation agreement

An agreement reached during mediation must be written and signed by all parties; the mediator or a party’s attorney drafts it with the parties’ consent.

If an agreement is reached during the mediation conference, it shall be reduced to writing and signed by all parties. The Mediator or parties' attorney shall be responsible for the drafting of the agreement, with the consent of the parties.

CRITICALCriminal cases

Applies to

Motion response

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

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

CRITICAL

Applies to

Notice

The hearing notice must state the hearing's time, date, and place.

The time, date and place of the hearing shall be included in the notice served upon the opposing party.

CRITICALCivil cases

Applies to

Contested hearing submission

Each party must present pertinent motions, stipulations and agreements, witness, exhibit and document lists with appropriate information, and final financial statements in accordance with the FCRPP.

Each party shall present any pertinent motions; stipulations, and agreement reached; any witness, exhibit, and document lists, with appropriate intormation attached; and final financial statements in accordance with the FCRPP.

CRITICALCivil cases

Applies to

Motion

Must include

proposed order

Each motion filed in the 28th Judicial Circuit Family Court must be accompanied by an order specifying the requested relief and listing the parties or their counsel for distribution.

Each motion filed in the 28th Judicial Circuit Family Court shall be accompanied by an Order specifying the requested relief of the movant. Further, this Order shall include a distribution list which names the parties to the action or the counsel representing said parties.

CRITICALCivil cases

Applies to

Protective order petition

Protective-order petitions under KRS Chapters 403 or 456 must use form AOC-275.1 and be accepted and filed with the court.

All petitions requested, completed and signed by persons seeking protection under KRS Chapter 403 or KRS Chapter 456 shall be made on form AOC-275.1, and shall be accepted and filed with the court. KRS 403.725, KRS 456.030

CRITICALCivil cases

Applies to

Notice of settlement

Counsel's notification of settlement certifies that all issues have been resolved.

Such notification of settlement is a certification by counsel that all issues have been resolved.

CRITICAL

Applies to

Hearing notice

The notice served on the opposing party must state the hearing's time, date, and place.

The time, date and place of the hearing shall be included in the notice served upon the opposing party.

CRITICALCivil cases

Applies to

Separation agreement or agreed judgment

A Separation Agreement or Agreed Judgment with a child support obligation must include a Commonwealth of Kentucky Worksheet for Monthly Child Support Obligation as an attachment.

Any Separation Agreement or Agreed Judgment providing for a child support obligation shall include as an attachment thereto a Commonwealth of Kentucky Worksheet for Monthly Child Support Obligation.

CRITICALCivil cases

Applies to

Judgment of adoption

The separate adoption judgment must change the child's name to conform to the petition's prayer.

In the separate Judgment of Adoption, the name of the child shall be changed to conform with the prayer of the petition, pursuant to KRS 199.520.

CRITICALCivil cases

Applies to

Motion to schedule final trial

After service is perfected on all parties, counsel must file a motion and schedule a final trial.

After service has been perfected on all parties, counsel shall file a motion and schedule a final trial.

CRITICAL

Applies to

Verified motion for emergency protective order or domestic violence order

If a verified motion for an emergency protective order or a domestic violence order is filed in a dissolution or child custody proceeding, the motion must be filed on AOC form 275.1, as a petition, pursuant to KRS 403.720(2), and it shall be assigned a domestic violence "D" case number with the appropriate trailer number regardless of the fact that it was filed as a motion in the Circuit Court dissolution or child custody case.

If a verified motion for an emergency protective order or a domestic violence order is filed in a dissolution or child custody proceeding, the motion must be filed on AOC form 275.1, as a petition, pursuant to KRS 403.720(2), and it shall be assigned a domestic violence "D" case number with the appropriate trailer number regardless of the fact that it was filed as a motion in the Circuit Court dissolution or child custody case.

CRITICALCriminal cases

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

A. In applying for the 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 for the charge against him/her is waived.

CRITICAL

Applies to

Trial brief

Before the case is submitted, the parties must file a trial brief identifying contested issues and the requested award or relief on those issues.

Prior to the submission of the case, the parties shall submit a trial brief stating what issues are contested and stating what award or relief is sought on the contested issues.

CRITICAL

Applies to

Trial brief

Before the case is submitted, the parties must submit a trial brief identifying contested issues and the award or relief sought on them.

Prior to the submission of the case, the parties shall submit a trial brief stating what issues are contested and stating what award or relief is sought on the contested issues.

CRITICALCivil cases

Applies to

Written motion

A request for an order to obtain confidential video records must be made by written motion stating the purpose and providing notice to all parties, including the child's Guardian ad Litem, if any.

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 of the request.

CRITICALCriminal cases

Applies to

Diversion order

The diversion order must include the listed restitution, supervision, fee, duration, compliance, testing, and weapon-related terms, subject to the stated applicability qualifications.

The Order of Diversion shall include: 1. Restitution, if applicable . 2. Whether the diversion shall be supervised or unsupervised . 3. Supervision fees, if applicable . 4. Duration of Diversion. 5. Require defendant to obey all rules and regulation imposed by Probation and Parole . 6. As required by KRS 533.030(1), direct the defendant not to commit any offense during the period of pretrial diversion . Specifically, direct the defendant to comply with any other provision of KRS 533 .030 or any other condition the Court deems appropriate. 7. That the petitioner remain drug and alcohol free and be subject to random testing, if applicable . 8. That the petitioner possess no firearm or any other deadly weapon .

CRITICALCivil cases

Applies to

Discovery answers

Must include

certificate of service

When serving discovery answers, counsel must file a simple certificate of service and identify any matter left unanswered.

Upon serving answers to any of the foregoing, counsel for the answering party shall file a simple certificate of service and shall identify any matter left unanswered.

CRITICALCivil cases

Applies to

Summons

The summons must explain the consequences of termination, the need to respond immediately, and how to find hearing times and locations.

The summons in the action shall include a statement that termination of parental rights means loss of all rights to custody, co-parenting and communication with the child, and that if termination is granted, the parent will receive no notice of future legal proceedings concerning the child; an explanation of the need to respond immediately to the notice to prepare for trial because important hearings will take place prior to trial; and an explanation of how to find the time and place of hearings in the case.

CRITICALCivil cases

Applies to

Certificate of completion

Each participant who completes the clinic must receive a certificate of completion, and each party must file the certificate in the court record.

A certificate of completion shall be provided to each participant completing the clinic and it shall be the responsibility of each party to file in the court record the certificate.

CRITICALCivil cases

Applies to

Petition

The voluntary termination petition is checked for all required information.

Does the petition contain all the required information?

CRITICALCivil cases

Applies to

Review hearing request

A party requesting a review hearing must clearly explain why it is necessary and may attach affidavits deemed appropriate.

The party requesting the review shall provide a clear statement of why a review hearing is necessary and attach any affidavits deemed appropriate.

CRITICALCivil cases

Applies to

Proposed findings conclusions and decree

Before an uncontested hearing, counsel must present proposed findings, conclusions, and a decree signed by both parties and all counsel.

Prior to the hearing, counsel will present to the Court a proposed Findings of Fact, Conclusions of Law and Decree signed by both parties and all counsel.

CRITICALCivil cases

Applies to

Disposition hearing materials

At the specified hearings, CHFS must provide the court and parties the completed DNA-12 information, a suggested parenting plan, and an explanation of proposed visit restrictions based on specific findings.

At the dispositional hearing and the FCRPP 30 hearings (the six-month and other reviews and permanency reviews), the Cabinet for Health and Family Services shall provide the court and all parties with the information required pursuant to FCRPP 28 by completing AOC Form DNA-12. In addition, CHFS shall provide a suggested parenting plan, and after citing specific findings, an explanation of any proposed court-ordered restrictions to be placed on the visits.

CRITICALCriminal cases

Applies to

Pretrial diversion application

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

In applying for the 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 for the charge against him/her is waived.

CRITICALCivil cases

Applies to

Proposed findings of fact and conclusions of law

The Petitioner must tender proposed findings and conclusions and a separate adoption or termination judgment at least three business days before the final hearing.

No later than three (3) business days prior to the Final Hearing, the Petitioner shall tender a proposed Findings of Fact and Conclusions of Law and a separate Judgment of Adoption or Termination of Parental Rights for entry by the Court.

CRITICALCivil cases

Applies to

Motion

A motion to submit an uncontested action must include the proposed findings, conclusions, judgment, and decree the moving party wants the Court to adopt.

Any motion to submit an uncontested action must be accompanied by a proposed "Findings of Fact, Conclusions of Law, Judgment and Decree" which the moving party desires the Court to adopt.

WARNINGCivil cases

Applies to

Proposed findings conclusions

After trial and a ruling, the Judge may require the parties to submit findings and may set reasonable filing deadlines.

Following the trial and upon a ruling, the Judge may require the parties to submit Findings, etc., and may set reasonable time limits for the filing of these documents.

WARNINGCivil cases

Applies to

Motion

The motion should contain citations to the relevant law relied upon by the movant.

The motion should contain citations to the relevant law relied upon by the movant.

WARNINGCivil cases

Applies to

Petition

The voluntary termination petition is checked for the stated case style.

Is the petition styled In the interest of _, a child?

WARNINGCivil cases

Applies to

Subpoena

Attorneys must prepare the subpoenas for their cases.

The attorneys shall prepare the subpoenas for their cases.

INFOCivil cases

Applies to

Proposed findings conclusions

Each party may submit proposed findings, conclusions, and a decree or judgment for the Judge to enter at trial.

A. Each party may submit to the Family Court Judge at the time of trial proposed Findings of Fact, Conclusions of Law and Decree/Judgment which he or she desires the Judge to enter.

INFOCivil cases

Applies to

Report

A GAL should submit an oral or written report to the court when ordered.

A GAL should submit, as ordered, an oral or written report to the court.

INFOCivil cases

Applies to

Motion

If a GAL believes services are not being provided in a timely manner, or if he/she believes the family has failed to take advantage of these services, or if the GAL believes the services are not accomplishing their purpose, he/she should file a motion for appropriate relief.

If a GAL believes services are not being provided in a timely manner, or if he/she believes the family has failed to take advantage of these services, or if the GAL believes the services are not accomplishing their purpose, he/she should file a motion for appropriate relief.

INFOCivil cases

Applies to

Pleadings and papers

A GAL should file all necessary pleadings and papers.

A GAL should file all necessary pleadings and papers,

CRITICALCriminal cases

Applies to

Recommendation

When recommending diversion, the Commonwealth must recommend diversion conditions and the appropriate sentence if the agreement is unsuccessful; both may appear 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.

CRITICALCriminal cases

Applies to

Order of diversion

An Order of Diversion must address the listed conditions, including restitution, supervision, duration, compliance requirements, and applicable restrictions; its duration is subject to stated limits tied to petitioner agreement and full restitution.

The Order of Diversion shall include: Restitution, if applicable. Whether the diversion shall be supervised or unsupervised. Supervision fees, if applicable. Duration of Diversion. Require defendant to obey all rules and regulation imposed by Probation and Parole. As required by KRS 533.030(1), direct the defendant not to commit any offense during the period of pretrial diversion. Specifically, direct the defendant to comply with any other provision of KRS 533.030 or any other condition the Court deems appropriate. That the petitioner remain drug and alcohol free and be subject to random testing, if applicable. That the petitioner possess no firearm or any other deadly weapon. Duration of the pretrial diversion shall not exceed five (5) years without agreement of the petitioner. 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.