Rowan County Circuit Court, Kentucky Document Filing Requirements

CRITICALCivil cases

Applies to

Petition

Petitions must be filed in accordance with FCRPP 20.

All petitions shall be filed in accordance with FCRPP 20.

CRITICAL

Applies to

Judgment

A judgment in a foreclosure action involving a mobile home with its wheels and axles still attached and a recorded lien must include the mobile home’s VIN.

In foreclosure actions involving mobile homes which have not had their wheels and axels removed, and in which the foreclosing party has a recorded lien, the judgment submitted to the Court SHALL include the Vehicle Identification Number (VIN) of said mobile home.

CRITICAL

Applies to

Division assignment receipt

A copy of each case’s division-assignment receipt must be filed in the case file.

A copy of the receipt assigning each case to a division shall be filed in the case file.

CRITICAL

Applies to

Response

Must include

proposed order

A proposed order must be submitted with the response.

A proposed order shall be tendered with the response.

CRITICAL

Applies to

Motion

Must include

proposed order

Counsel must tender a proposed order with each motion when appearing on motion day.

Counsel shall tender a proposed order with each motion when they appear on motion day.

CRITICALCriminal cases

Applies to

Diversion contract

Upon referral, the defendant must meet with a pretrial officer to establish a contract specifying court-ordered conditions, services, length, and any required restitution, treatment, or community service; the contract begins upon trial-judge approval.

establish a formal contract which species the court ordered conditions, the Upon referral to the Program, the defendant shall meet with a pretrial officer to referral services to be used, the length of the contract, and if required, the need for the defendant to make restitution, enter/complete a treatment program, or perform community services. The contract shall commence upon approval by the trial judge.

CRITICAL

Applies to

Notice of service

A notice of service under CR 33, 34, and 36 must be filed in the record.

A one-page notice of service under CR 33, 34 and 36, shall be filed in the record to prevent the case from being placed on the show cause docket or dismissed for lack of prosecution.

CRITICAL

Applies to

Contempt motion

A contempt motion must be supported by a sufficient affidavit showing that the applicant is entitled to the order.

A motion supported by a sufficient affidavit showing that applicant is entitled to the Order must be filed.

CRITICAL

Applies to

Petition

The judge reviewing a protection-order petition must indicate 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 Actioni 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

Applies to

Pretrial report and contract

Following completion of the diversion contract, the pretrial officer must submit the pretrial report and contract to the trial judge for approval.

Following completion of the diversions contract, the pretrial officer shall submit a pretrial report and the contract for approval to trial judge.

CRITICALCriminal cases

Applies to

Written recommendation

When recommending diversion, the Commonwealth must submit written recommendations on diversion conditions and the sentence applicable if the agreement is unsuccessful.

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

Foreclosure complaint

A foreclosure complaint must establish that the plaintiff holds the note and mortgage when filed and must include the listed note, mortgage, affidavit, assignment, and successor-in-interest documents; any assignment to the plaintiff must be executed before filing.

Pursuant to CR 8.01 (1) and CR 17.01, Plaintiffs filing foreclosure complaints filed. The complaint at the time of the filing must be accompanied by all of the following: A copy of the promissory note with all endorsements; A copy of the recorded mortgage; An affidavit of the Plaintiff, its representative, its attorney or its servicer documenting that the named Plaintiff is the original note holder and mortgagee; or is an assignee, trustee or successor-in-interest of the original note holder and mortgagee; and identify the specific capacity in which Plaintiff is pursuing the action; note holder and mortgagee, evidencing the complete chain of assignments. The assignment A copy of all assignments of the note and mortgage, if Plaintiff is not the original of the note and mortgage to the named Plaintiff must be executed prior to the filing of the foreclosure complaint; Documentation establishing Plaintiff as a successor-in-interest if Plaintiff is a successor-in-interest;

CRITICALCivil cases

Applies to

Motion to withdraw

An attorney seeking to withdraw must file a motion to withdraw under FCRPP 26.

If any attorney wishes to withdraw, notice must be served upon the client and parties pursuant to the Rules of Civil Procedure and a motion to withdraw must be filed pursuant to FCRPP 26.

CRITICALCriminal cases

Applies to

Commonwealth recommendation

The Commonwealth must make a written recommendation to the Court in response to every pretrial-diversion application.

The Commonwealth shall make a written recommendation to the Court in response to each application.

CRITICALCriminal cases

Applies to

Pretrial report

The pretrial report must include basic pretrial information, offense and conviction history, prior diversion-program participation, employment status, length of residence, and other information needed to assess eligibility and appropriateness.

The report shall contain basic pretrial information, record of any past offenses and conviction, record of any prior participation in the diversion program or similar program, employment status, length of residence in the area, and any other information necessary to determine eligibility and appropriateness of approval to participate in the program.

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

Civil child support case transfer request

No civil child support case shall be transferred to another county within this circuit without a motion from one of the parties, with notice, and an affidavit as to why a hardship would be created if the case is not transferred. A motion made by a county attorney, without an affidavit of hardship, will not be sufficient.

No civil child support case shall be transferred to another county within this circuit without a motion from one of the parties, with notice, and an affidavit as to why a hardship would be created if the case is not transferred. A motion made by a county attorney, without an affidavit of hardship, will not be sufficient.

CRITICALCivil cases

Applies to

Petition

Petitions must include the factual allegations supporting the Court's jurisdiction and full information concerning the child's parents and their addresses.

Any petition filed with this Court shall be filed on the appropriate AOC forms and shall include the factual allegations relied upon in asserting the Court's jurisdiction, as well as full information concerning the child's parents and their address(es).

CRITICAL

Applies to

Motion

Must include

certificate of service

Motion certificates of service must state that a copy was served on the appropriate Circuit Judge at the judge’s office.

A copy of all motions shall be served upon the appropriate Circuit Judge at his/her office and such service shall also appear in the certificate of service.

CRITICALCivil cases

Applies to

Information required by FCRPP 28

At the dispositional hearing, CHFS must provide the court and all attorneys of record with the information required by FCRPP 28.

At the Dispositional Hearing, CHFS shall provide the Court and all Attorneys of record with the information required pursuant to FCRPP 28

CRITICALCriminal cases

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

In applying for pretrial diversic . ::, 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 .

CRITICALCriminal cases

Applies to

Speedy trial waiver statement

Upon approval to participate, the defendant must sign a speedy-trial waiver and must be given the opportunity to consult an attorney beforehand if desired.

B. Upon approval for participation in the Program, the defendant shall sign a statement waiving his or her right to a speedy trial. Prior to signing such statement the defendant shall be given the opportunity to consult with an attorney if he or she so desires.

CRITICAL

Applies to

Motion

Must include

certificate of service

The clerk is directed to return a motion if the judge is not listed in the certificate of service.

judge is not listed in the certificate of service, the respective clerk is directed to return

CRITICAL

Applies to

Pleading

Pleadings must provide the personal identifying information required by the specified KRS chapters.

All pleadings must comply with the requirements of KRS Chapters 205, 403, 405, 406 and 407 by providing the personal identifying information required in those chapters.

CRITICAL

Applies to

Default judgment motion

When Kentucky Civil Rule 55.01 applies, a party seeking default judgment must first file a written motion.

A party seeking a judgment by default, where Rule 55.01 of the Kentucky Rules of Civil Procedure applies, shall first file a written motion for such a judgment

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.

E. 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

Show cause motion

A show-cause motion must include a proposed order directing the alleged offender to appear and show cause at the next available motion docket in the county where the action is pending.

A proposed show cause order shall be attached to the show cause motion, and said order shall order the alleged offending party to appear and show cause, if he/she has or can, on the next available motion docket in the county in which the action is

CRITICAL

Applies to

Transfer order

For a case transfer, the transferring judge must sign and send the transfer order to the other judge, who must also sign it; the order must be filed in the case record.

To transfer a case, the transferring judge shall sign a transfer order and send said order to the other judge. The judge accepting the transfer shall also sign the same transter order acknowledging acceptance of the case and the order shall be filed of record in the case being transferred.

CRITICALCriminal cases

Applies to

Order of diversion

A diversion order must include applicable restitution, supervision terms and fees, the diversion duration, and specified defendant obligations.

The Order of Diversion shall include: 1. Restitution, if applicable . Whether the diversion shall be supervised or unsupervised (and include supervision fees, if app''.',-,able) . 3. Duration of the diversion. 4. Require defendant to obey all rules and regulations imposed by Probation & Parole . 5. As required by KRS 533 .030(1) [conditions of probation-restitution], direct the defendant not to commit any offense during the period of the pretrial diversion. Specifically, direct the defendant to comply with any other provision of KRS 533 .030 or any other condition the Court deems appropriate .

CRITICAL

Applies to

Trial readiness advisement

On or before the report date, attorneys must advise the Court in writing whether they are ready for trial and state the probable trial length.

On or before the report date, the attorneys shall advise the Court in writing whether they are ready for trial, and the probable length of trial.

CRITICAL

Applies to

Motion

Must include

proposed order

Motions to dismiss and motions for summary judgment must not be set for Motion Day and must be filed with a memorandum of authorities and a proposed order.

MOTIONS TO DISMISS AND SUMMARY JUDGMENTS Motion Day, but shall be filed along with a memorandum of authorities relied upon, and a Motions to dismiss and motions for summary judgment shall not be set for proposed order.

CRITICAL

Applies to

Deposition

Original deposition transcripts must be filed in the Court record pursuant to CR 30.06.

Originals of depositions shall be filed in the Court record pursuant to CR 30.06.

CRITICAL

Applies to

Motion

Where appropriate, a motion must state its specific grounds and the legal authority supporting it.

Where appropriate, all motions shall include a statement setting forth the specific grounds of the motion and the legal authority upon which counsel relies in support of the

CRITICAL

Applies to

Judgment or order

Judgments and orders presented for signature must identify the scrivener by typed name and signature and indicate “Prepared By”; the quoted passage is incomplete.

scrivener's typed name and signature and shall indicate "Prepared By". All judgments and orders presented to the Court for signature shall contain the

CRITICAL

Applies to

Motion

When needed to prove relevant points, the motion must include the relevant interrogatory or request answers as an exhibit.

If necessary to prove relevant points when filing a motion, the relevant answers to interrogatories or requests shall be attached, as an exhibit, to the motion.

CRITICAL

Applies to

Compensation fee motion

Motions for compensation or fees for Warning Order Attorneys and Guardians ad Litem must include an affidavit stating the appointment basis, services and hours, fee reasonableness, and whether the proceeding has concluded.

Motions for compensation/fees for Warning Order Attorneys and Guardians ad a. The statutory basis for appointment; b. The hours of service rendered with a brief description of the services rendered and reasonableness of the fee requested; and c. That the action or proceedings have been concluded.

CRITICAL

Applies to

Status quo order motion

A motion requesting entry of a Status Quo Order must state that the respondent has ten days to object to entry of the order.

The Motion must state that the Respondent has ten days to file an objection to entry of said Petition.

WARNINGCriminal cases

Applies to

Contract termination statement

A Program participant may terminate the contract at any time by submitting a written statement to either the pretrial officer or the trial judge.

A program Participant may terminate the contract at any time by submitting a written statement to the pretrial officer or the trial judge.