Russell Circuit Court Document Filing Requirements

CRITICAL

Applies to

Hearing notice

The notice served on opposing parties 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 parties .

CRITICAL

Applies to

Child support actions related to calculation of child support

The County Attorney's Office must file child support actions related to child-support calculations and notice them for 10:00 a.m. prevailing time.

Child support actions initiated by the County Attorney's Office shall be filed by the office of the County Attorney related to calculation of child support and noticed for 10 :00 a.m. prevailing time.

CRITICAL

Applies to

Hearing notice

The notice served on opposing parties 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 parties.

CRITICAL

Applies to

Pretrial statement

Exhibits that cannot be attached must be available for opposing counsel to inspect at a convenient location identified in the pre-trial statement.

All exhibits which cannot be attached to the pre-trial statement shall be made available for inspection by opposing counsel at a convenient location designated in the pre-trial statement.

CRITICAL

Applies to

Pretrial statement

The pretrial statement must list all potential trial witnesses and expert witnesses, with their addresses and telephone numbers.

All witnesses and expert witnessed who may be used at trial shall be listed, along with their addresses and telephone numbers .

CRITICAL

The stated expert information must identify the subject of the expected testimony, the substance of the facts and opinions, and the grounds for each opinion.

matter on which the expert is expected to testify and shall state the substance of the facts and opinions to which the expert is expected to testify and a summary of the grounds for each opinion.

CRITICAL

Applies to

Pretrial statement

The pre-trial statement must list all exhibits that may be used at trial, and attach copies if feasible.

All exhibits which may be used at trial shall be listed and copies, if feasible, shall be attached to the pre-trial statement.

CRITICAL

Applies to

Sworn disclosure statement

The petitioner's sworn disclosure statement must list marital property and values, debts and amounts, claimed non-marital property and the basis for each claim, each party's income, and other information the petitioner believes may assist in property disposition.

The petitioner shall file a sworn disclosure statement within 15 days after the filing of the Petition for Dissolution of Marriage and it shall include an itemized listing of all marital property and its value, all debts and the amounts, all property claimed as non-marital and the basis of the claim, the income of each party and other information the petitioner may believe will assist in making a proper disposition of the property.

CRITICAL

Applies to

Protective order petition

A person administering the oath must sign the petition and state their office position.

Upon administering the oath the person shall affix their signature and office position to the petition in witness and in verification of the oath.

CRITICAL

Applies to

Pretrial statement

The pretrial statement must list trial exhibits, attach copies when feasible, and identify a convenient inspection location for exhibits that cannot be attached.

All exhibits which may be used at trial shall be listed and copies, if feasible, shall be attached to the pre-trial statement . All exhibits which cannot be attached to the pre-trial statement shall be made available for inspection by opposing counsel at a convenient location designated in the pre-trial statement .

CRITICAL

Applies to

Verified motion

A verified motion filed in a dissolution or child custody proceeding must be submitted on AOC 275.1.

If a verified motion is filed in the dissolution or child custody proceeding, the motion must be submitted on AOC 275. I , pursuant to KRS 403 .730 (2),

CRITICAL

Applies to

Notice of appeal/designation of record/order to proceed in forma pauperis

The attorney filing a Notice of Appeal, Designation of Record, or Order to Proceed in forma pauperis must send a copy to the Court Reporter or Circuit Clerk.

M. COPIES TO BE SENT TO COURT REPORTER : A copy of any Notice of Appeal, Designation of Record or Order to Proceed in forma pauperis shall be sent to the Court Reporter or Circuit Clerk by the attorney filing same .

CRITICAL

Applies to

Pretrial statement

For each expert witness who has not been deposed, the pretrial statement must state the subject; the sentence continues beyond the provided text.

Also, as to each expert witness who has not been deposed, the pre-trial statement shall state the subject

CRITICAL

Applies to

Protective order petition

A verified petition for a Domestic Violence Order (DVO) and ex parte Emergency Protective Order (EPO) shall be filed at the Circuit Clerk's Office in Russell or Wayne County during regular business hours

A verified petition for a Domestic Violence Order (DVO) and ex parte Emergency Protective Order (EPO) shall be filed at the Circuit Clerk's Office in Russell or Wayne County during regular business hours

CRITICAL

Applies to

Pretrial statement

For each expert who has not been deposed, the pre-trial statement must identify the expected subject matter, the substance of expected facts and opinions, and the grounds for each opinion.

Also, as to each expert witness who has not been deposed, the pre-trial statement shall state the subject matter on which the expert is expected to testify and shall state the substance of the facts and opinions to which the expert is expected to testify and a summary of the grounds for each opinion.

CRITICAL

Applies to

Divorce petition

A Divorce Petition must be accompanied by a Vital Statistics Information Sheet signed by the attorney.

Circuit Clerks shall not file a Divorce Petition unless it is accompanied by the Vital Statistics Information Sheet signed by the attorney.

CRITICAL

Applies to

Domestic violence petition

The petitioner must sign the Domestic Violence Petition, and the person administering the oath must add their signature and office position.

Any above authorized person who comes in receipt of a completed Domestic Violence Petition is authorized to administer an oath affirming the truthfulness of the contents of the petition, to the person completing same, and shall have said person sign their name to the said petition. The person so administering said oath shall also affix their signature and office position to said petition in witness and in verification of said oath.

CRITICAL

Applies to

Verified motion

A verified motion filed in a dissolution or child custody proceeding must be submitted on AOC 275.1.

the motion must be submitted on AOC 275 . l, pursuant to KRS 403 .730 (2)

CRITICAL

Applies to

Pre trial statement

In jury trials, parties must submit jury instructions with the pre-trial statement, and may revise them.

In jury trial actions, the parties shall submit jury instructions with the pre- trial statement. These instructions may be revised by the parties,

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.

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

Sworn disclosure statement

The petitioner shall file a sworn disclosure statement within 15 days after the filing of the Petition for Dissolution of Marriage and it shall include an itemized listing of all

The petitioner shall file a sworn disclosure statement within 15 days after the filing of the Petition for Dissolution of Marriage and it shall include an itemized listing of all

CRITICAL

Applies to

Divorce petition

A Divorce Petition must be accompanied by a Vital Statistics Information Sheet signed by the attorney before the Circuit Clerk may file it.

Circuit Clerks shall not file a Divorce Petition unless it is accompanied by the Vital Statistics Information Sheet signed by the attorney .

CRITICAL

Applies to

Interrogatories, responses to interrogatories, requests for admission, answers, and objections

Interrogatories, responses to interrogatories, requests for admission, and answers or objections to requests for admission must be filed on the record with the Circuit Clerk.

Pursuant to these local rules, all interrogatories and responses thereto and all requests for admission and answers or objections thereto shall be filed on record in the office of the Circuit Clerk.

CRITICAL

Applies to

Order of protection petition

The judge reviewing a protection-order petition must mark 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

Verified motion

Must include

case number

A verified motion filed in a Circuit Court dissolution or child custody case must still be assigned a domestic violence D case number and any appropriate trailer number.

shall be assigned a domestic violence "D" case number with the appropriate trailer number regardless ofthe fact that it was filed as a motion in the Circuit Court dissolution or child custody case.

CRITICAL

Applies to

Motion to set for trial

A motion to set a case for trial must certify that the case will be ready by the trial date.

Motions to set a case for trial may be made on any Rule Day and shall contain a certification that the case will be ready for trial by the trial date.

WARNING

Applies to

Pro se filings

An individual may proceed pro se but must comply with the same provisions as a represented individual.

Nothing contained herein shall prevent an individual from proceeding with pro se representation and said individual proceeding pro se shall comply with the same provisions as if he or she were represented by an attorney.

WARNING

Applies to

Pretrial statement

Untimely filing of a pre-trial statement may result in the Court barring trial witnesses other than the parties.

Failure to file the pre-trial statement timely may result in the Court denying the use of any witness at trial other than the parties.

WARNING

Applies to

Pretrial statement

Failure to comply with the rule's substantive requirements may result in the Court barring witnesses for whom those requirements were not met.

Failure to comply with the substantive provisions of this rule may result in the Court denying the use of any witnesses for whom the substantive provisions have not been met.

WARNING

Applies to

Answer

The respondent may refute the petitioner's disclosure in the Answer with a sworn counter-disclosure statement; otherwise, the petitioner's itemized listing will be accepted as agreed or stipulated.

Respondent may refute this in the Answer with a sworn counter disclosure statement or the petitioner's itemized listing will be accepted as agreed or stipulated .

CRITICAL

Applies to

Jury instructions

In injury trial actions, the parties must submit jury instructions with the pre-trial statement.

Injury trial actions, the parties shall submit jury instructions with the pre-trial statement.