Rockcastle County Circuit Court, Kentucky Document Filing Requirements

CRITICAL

Applies to

Summary judgment motion

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

B. 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.

CRITICAL

Applies to

Motion for temporary child support

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.

CRITICAL

Applies to

Domestic violence petition

Must include

case number

Each domestic violence petition must be assigned a “D” case number and any appropriate trailer number, regardless of who 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.

CRITICAL

Applies to

Petition

The petition’s Court Action section must identify 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.

CRITICAL

Applies to

Adoption or termination final hearing submissions

The Petitioner must tender proposed findings and conclusions and a separate proposed 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.

CRITICAL

Applies to

Motion for compensation

A motion for compensation must include an affidavit stating the statutory 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.

CRITICAL

Applies to

Petition for voluntary termination of parental rights

Must include

proposed order

A 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.

CRITICAL

Applies to

Petition

The petition must contain all necessary information.

Does the petition contain all the necessary information? KRS 199.490

CRITICAL

Applies to

Notarized consent form

A notarized consent form must be filed unless 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

CRITICAL

Applies to

Motion

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

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.

CRITICAL

Applies to

Petition

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

Does the petition contain all the required information?

CRITICAL

Applies to

Custody, visitation, or other ancillary matter

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.

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

Subpoena for hospital records

Subpoenas for hospital records must be issued pursuant to KRS 422.300 et seq.

A. Subpoenas for hospital records shall be issued pursuant to KRS 422.300 et seq.

CRITICAL

Applies to

Discovery answers

Must include

certificate of service

When serving discovery answers, counsel for the answering party must file a simple certificate of service identifying 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.

CRITICAL

Applies to

Motion

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

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.

CRITICAL

Applies to

Affidavit

The moving party must file an affidavit stating facts that support the motion.

B. An affidavit setting forth facts supporting the motion.

CRITICAL

Applies to

Settlement notice or continuance request

Must include

proposed order

Counsel must submit a proposed order identifying the scheduled trial or hearing date and removing the matter from the calendar; a settlement notification also certifies that all issues are resolved.

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

CRITICAL

Applies to

Answer or report

The required filing is either an answer on behalf of the Respondent or a report stating that, after careful examination of the case, the Respondent is unable to present a defense.

Within fifty (50) days of the appointment, the Guardian ad Litem or Military Attorney shall either file an answer on behalf of the Respondent or a report stating that after careful examination of the case that the Respondent is unable to present a defense.

CRITICAL

Applies to

Expense submission

If the adoptive parents paid expenses for the biological parents, the expenses must be submitted to the court with a detailed affidavit for the court's approval or modification.

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?

CRITICAL

Applies to

Motion

The written motion seeking an order to obtain confidential video records must state the purpose of the request.

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.

CRITICAL

Applies to

Show cause order

The moving party must file an order incorporating the affidavit's allegations and setting the judge-provided date for the responding party to appear and show cause.

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.:

CRITICAL

Applies to

Separation agreement and final decree

A Separation Agreement and Final Decree that addresses parenting time must include the applicable parenting-time schedule and 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.

CRITICAL

Applies to

Separation agreement or agreed judgment

A Separation Agreement or Agreed Judgment that provides for child support must include the 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.

CRITICAL

Applies to

Motion for temporary child support

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.

CRITICALCriminal cases

When applying for pretrial diversion, counsel must state on the record, and the defendant must agree, that granting diversion waives the defendant’s speedy-trial or speedy-disposition right for the charge.

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.

WARNING

Applies to

Cited authority

Counsel generally must not file copies of cited authorities unless they are unavailable through traditional or computer-assisted legal research, but may tender relevant authority at a hearing on a pending motion.

Except as otherwise ordered, when filing pleadings, motions, memoranda or other papers, counsel shall not file copies of relevant reported or un-reported cases or other cited authority unless such case or other authority is unavailable through the use of traditional or computer assisted legal research methods. Counsel may, at a hearing on a pending motion, tender to the Court copies of relevant authority.

WARNING

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.

WARNING

Applies to

Guardian ad litem report

If yes, a final hearing may be scheduled if the report by the Guardian ad litem, if any, has been filed. KRS 199.515

If yes, a final hearing may be scheduled if the report by the Guardian ad litem, if any, has been filed. KRS 199.515

WARNING

Applies to

Necessary pleadings and papers

A GAL should file all necessary pleadings and papers, and maintain a complete file with notes rather than relying upon court files.

A GAL should file all necessary pleadings and papers, and maintain a complete file with notes rather than relying upon court files.

WARNING

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.

WARNING

Applies to

Motion

If a GAL believes services are untimely, unused by the family, or ineffective, the GAL 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.

CRITICALCriminal cases

An Order of Diversion must include the specified terms and conditions, including applicable restitution and fees, supervision details, and duration requirements.

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

The Order of Diversion must include the listed restitution, supervision, duration, conduct, testing, and weapon conditions, including the stated duration limits.

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