Rockcastle County Circuit Court, Kentucky Document Filing Requirements

CRITICAL

Applies to

Proposed findings conclusions

If the responding party is found in contempt, the prevailing party must tender proposed findings, conclusions, and an order when the presiding judge requests them.

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.

CRITICAL

Applies to

Uncontested action proof

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

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

CRITICAL

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 the 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.

CRITICAL

Applies to

Wage withholding

Counsel for the recipient must draft, file, and mail the wage withholding using the form applicable to the filer.

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.

CRITICAL

Applies to

Motion

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.

CRITICAL

Applies to

Petition

The checklist calls for confirming that the petition contains a verification and all required information.

Does the petition contain the verification and all required information?

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.

CRITICAL

Applies to

Revised adoption or termination final hearing submissions

If the Court requires revisions, the Petitioner must tender revised findings and conclusions and a separate judgment 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.

CRITICAL

Applies to

Motion notice

If a pending motion is passed or continued at counsel's request or by counsel's agreement, the moving party must re-notice it in writing under these Rules and the Civil Rules.

When a pending motion is passed or continued at the request of or by agreement of counsel, it shall be the moving party's obligation to re-notice in writing the motion in accordance with these Rules and the Civil Rules.

CRITICAL

Applies to

Summary judgment motion

A summary judgment motion must specifically identify each material fact the movant contends is not genuinely disputed.

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

CRITICAL

Applies to

Motion for order of submission

After proof is taken, either party may move for an order of submission; the motion must say whether the action is contested and, if so, identify the specific issues in controversy.

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.

CRITICAL

Applies to

Show cause motion

The moving party must file a motion for a ruling to show cause and a hearing date, which the judge or staff will set.

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

Discovery motion

A party seeking an order compelling discovery, a protective order, or sanctions must include a counsel-signed certificate detailing efforts to resolve the dispute 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

Trial brief

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

Dispositional hearing materials

For the specified hearings, CHFS must provide the completed AOC Form DNA-12, a suggested parenting plan, and an explanation of proposed visit restrictions supported by 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.

CRITICAL

If contested issues remain unresolved, each party must present pertinent motions, stipulations and agreements, witness, exhibit and document lists with appropriate information, and final financial statements.

If the contested issues are not resolved, the matter may be referred by the Court to a mediator or evaluator or both at the Family Court Judge's discretion and in compliance with FCRPP 2(6). 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.

CRITICAL

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

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.

CRITICAL

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 the law otherwise requires them, except for orders dealing solely with a procedural matter.

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

Disqualification document

The Family Court Judge must complete the appropriate AOC Notice of Disqualification form or another disqualification document.

The Family Court Judge shall complete the appropriate AOC form (Notice of Disqualification) or other disqualification document.

CRITICAL

Applies to

Judgment of termination of parental rights

A Judgment of Termination of Parental Rights 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

Motion for subpoena of privileged records

A subpoena and accompanying order for psychiatric or other privileged records may be issued only by the Family Court on the requesting party’s motion, accompanied by an affidavit stating legitimate grounds and a statutory or common-law basis.

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.

CRITICAL

Applies to

Proposed findings conclusions and decree

Before an uncontested hearing, counsel must present proposed findings of fact, conclusions of law, 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.

CRITICAL

Applies to

Summons

A summons in an involuntary termination action must explain the consequences of termination, the need to respond immediately, and how to find hearing times and places.

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.

CRITICAL

Applies to

Notice of hearing

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.

CRITICAL

Applies to

Proposed findings and judgment of adoption

The petitioner must tender 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?

CRITICAL

Applies to

Certified termination order

If parental rights were previously terminated, certified copies of the termination order must be filed.

Yes No If yes, have certified copies of the termination Order been filed as required? KRS 199.490(2)

CRITICAL

Applies to

Separation agreement

A Separation Agreement that sets child support inconsistent with the KRS Chapter 403 guidelines must state the reason for the deviation.

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

Review hearing request

A party requesting a review hearing must explain clearly why the hearing is necessary and attach any affidavits the party deems appropriate.

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

CRITICAL

Applies to

Petition

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

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

CRITICAL

Applies to

Subpoena

Attorneys must prepare the subpoenas for their cases.

The attorneys shall prepare the subpoenas for their cases.

CRITICAL

Applies to

Motion notice

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

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.

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

Petition

The reviewing judge must indicate in the petition’s “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.

CRITICALCriminal cases

When applying for pretrial diversion, counsel must state that the defendant waives speedy-trial or disposition rights if diversion is granted, and the defendant must agree on the record.

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

Motion for order of submission

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

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.

CRITICAL

Applies to

Order or judgment

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

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:

CRITICAL

Applies to

Mediation 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 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

Certificate of completion

Each participant who completes the clinic must receive a certificate, 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.

CRITICAL

Applies to

Protective order petition

Protective-order petitions under KRS Chapter 403 or Chapter 456 must be submitted on form AOC-275.1.

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.

CRITICAL

Applies to

Cabinet or designee report

Placement by a listed agency does not remove the need for a report from the Cabinet or its or the Court’s designee.

Note - Placement by one of the above agencies does not alleviate the need of a report, as required by KRS199.510, from the Cabinet or a designee chosen by the Cabinet or the Court.

CRITICAL

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

Petition

Protective-order petitions 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.

CRITICAL

Applies to

Motion

A request for a judicial order to obtain a child-interview video must be made by motion identifying the requested portion as an in-chamber child interview 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.

CRITICAL

Applies to

Judgment of adoption

The separate Judgment of Adoption 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.

CRITICAL

Applies to

Motion to submit uncontested action

Must include

proposed order

A motion to submit an uncontested action must include the proposed Findings of Fact, Conclusions of Law, 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.

CRITICALCriminal cases

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) .

CRITICAL

Applies to

Case filing

Must include

caption, case number

Cases filed in the family court must use the specified caption, including the case number.

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

Protective order petition

The reviewing judge must indicate in the petition’s “Court Action” section whether the action 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.