Scott Circuit Court Document Filing Requirements

CRITICAL

Applies to

Preliminary verified disclosure statement

For a motion called to consider setting maintenance or child support, the parties must be prepared to provide the Court a completed Preliminary Verified Disclosure Statement.

The parties shall be prepared to provide a copy of a completed Preliminary Verified Disclosure Statement to the Court at the time the motion is called for consideration in setting maintenance or child support.

CRITICAL

Applies to

Order of referral

AOC Form 141S must be submitted after the Master Commissioner reviews and approves the JSAF, and the Court may not enter the Order of Referral until the JSAF is entered.

AOC form 141S, Order of Referral, shall be submitted to the Court after the Master Commissioner has reviewed and approved the JSAF, which Order shall not be entered by the Court until the JSAF is entered.

CRITICAL

Applies to

Waiver

A party choosing not to be represented by counsel must sign and acknowledge the party's correct address and phone number.

A party who chooses not to be represented by counsel shall sign and acknowledge party's correct address and phone number.

CRITICAL

Applies to

Mediation outcome report

At mediation's conclusion, the mediator must report without comment to the Court and Family Court Office whether there was full agreement, partial agreement, or termination.

At the conclusion of mediation, the mediator shall report without comment to the Court and the Family Court Office as to the outcome of the mediation (i.e., a full agreement, partial agreement or mediation terminated).

CRITICAL

Applies to

Guardian ad litem appointment motion

Must include

proposed order

When appointment of a GAL is required in an adoption or termination-of-parental-rights action, counsel must file a separate motion and tender an appointment order; the motion may be noticed at the Court’s convenience.

Counsel shall make by separate motion and tender an order for the appointment of a Guardian ad Litem (hereinafter GAL) in all actions for adoption or termination of parental rights which require the appointment of a GAL. This motion may be noticed at the convenience of the Court.

CRITICAL

C. The CHFS shall file with the petition any judgments of custody relating to the removed Subsequent to the filing of the petition the CHFS shall file in the court record all safety, child and any previously developed prevention or safety plans relating to the child. prevention and case plans in compliance with FCRPP 29.

C. The CHFS shall file with the petition any judgments of custody relating to the removed Subsequent to the filing of the petition the CHFS shall file in the court record all safety, child and any previously developed prevention or safety plans relating to the child. prevention and case plans in compliance with FCRPP 29.

CRITICAL

Applies to

DNA Form 12

The child’s most recent report card and school behavior record must be attached to DNA Form 12.

A copy of the child's most recent report card and school behavior record shall be attached to the DNA Form 12.

CRITICAL

Applies to

Pleading motion notice agreement order

Listed filings must identify the party represented and provide correct mailing addresses and telephone numbers, except that qualifying unrepresented parties' information remains confidential.

E. All pleadings, motions, notices of filing, agreements and orders shall specifically state which party the attorney represents and set forth the correct mailing addresses and telephone numbers for the attorneys and parties, if unrepresented by counsel. If an unrepresented party is a victim of domestic violence or has approval from the Court for good cause shown, the information shall remain confidential.

CRITICAL

Applies to

Child support worksheet

When the parties have a minor child, they must submit a completed child support worksheet signed by both parties even if they agree to deviate from the guidelines or not require child support.

When the parties have a minor child a completed child support worksheet signed by both parties shall be submitted even if the parties agree to deviate from the Kentucky Child Support Guidelines and/or not require child support.

CRITICAL

Applies to

Court notice

The notice must state that foster parents are not ordered to appear and explain their rights to notice, appearance, and an opportunity to be heard.

The notice shall specifically state that the notice is not an order for the foster parents to appear, but rather that they have a right to notice of the proceeding and a right to appear and an opportunity to be heard at the proceedings.

CRITICAL

Applies to

Motion

A merits motion must include a brief statement of its grounds and supporting authorities, and omission may be a basis for overruling the motion.

All motions going to the merits of the case, including motions to dismiss, motions for summary judgment, motions to strike, and motions under Civil Rule 12.02 shall be accompanied by a brief statement of the grounds for the motion with citation of authorities relied upon. Failure to file a statement of grounds with supporting authorities may be a basis for overruling the motion.

CRITICAL

Applies to

Property mediation submission

For property mediation, the parties must provide the mediator specified updated financial information, issue and case statements, supporting asset and debt documents, and materials requested by the mediator at least five working days before the conference.

Property mediation requires that the parties shall exchange and provide to the mediator, in no less than five (5) working days prior to the mediation conference, the following: 1. Supplement to financial disclosure statement regarding any material change; 2. A short statement including definition of the issue to be addressed by the mediator and a brief narrative statement of any special problems affecting the case (c.g. closely held corporation, medical problems of any family member, etc.); 3. Copies of all documents supporting valuation of assets; 4. Copies of all documents verifying monthly payments and outstanding balances on all debts; and 5. All information and copies of all documents requested by the mediator prior to the mediation conference.

CRITICAL

Applies to

Discovery motion

The moving party must attach counsel's certification that counsel attempted to resolve the dispute but could not.

The moving party shall attach to the motion a certification of counsel that he or she has attempted to resolve the dispute and that they have been unable to do so.

CRITICAL

Applies to

Order for deed or distribution

When a defendant was constructively served, an order for deed delivery or distribution of sale proceeds must be accompanied by a court-approved bond at least equal to the higher of the property's appraised value or sale price, except for defendants designated as unknown tenants or occupants.

in all cases where constructive service has been obtained on any Defendant, each Order for delivery of a deed to a party who has obtained Judgment in the action or the distribution of sale proceeds held by the Master Commissioner shall be accompanied by a bond, in a sum to be fixed by the Court at not less than the fair market value of the property, which shall be the appraised value or the sales price of the property, whichever is higher, and with surety to be approved by the Court. The bond shall not be required for those Defendants constructively served who are designated as unknown tenants or occupants.

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.

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

Distribution order

For disbursements to taxing authorities or third-party purchasers of tax bills, furnish the pertinent tax bills to the Master Commissioner and include them in the Order of Distribution.

For all disbursements to be made to taxing authorities or third-party purchasers of tax bills, a copy of the pertinent tax bill(s) shall be furnished to the Master Commissioner and set forth in the Order of Distribution relating to such sale.

CRITICAL

Applies to

Docketed proceeding

A proceeding may be placed on the docket only with proper written pleadings or authorization from the Family Court Judge or Family Court Office.

F. The docket for calendared proceedings in each respective county is controlled by the Family Court Judge. No calendared proceeding shall be removed from the motion docket or hearing docket, without prior approval of the Family Court Judge and no proceeding may be placed on the docket without the proper written pleadings, or other authorization of the Family Court Judge or Family Court Office.

CRITICAL

Applies to

Withdrawal on appeal filing package

Before withdrawal is permitted, retained trial counsel must prepare and file the listed appeal documents.

Before permission to withdraw is granted, it shall be the responsibility of retained trial counsel to prepare and file the following: 1. Notice of Appeal pursuant to Criminal Rule 12.04 and Civil Rule 73.02; 2. Motion, Affidavit and Order for leave to appeal In Forma Pauperis; 3. Order directing preparation of the transcript; and 4. Order substituting the Public Defender's Office as counsel on appeal.

CRITICAL

Applies to

Motions and orders

Unless a statute, rule, or the Court allows otherwise, motions and orders in paternity or child support proceedings must comply with FCRPP 9 and 14.

A. Unless otherwise allowed by statute, rule or the Court, all motions and orders in paternity or child support proceedings shall comply with the FCRPP 9 and 14.

CRITICAL

Applies to

Final pretrial conference filings

For a designated final pretrial conference, the listed motions, stipulations, trial materials, objections, and other court-required matters must be timely filed for consideration at that conference.

If a pretrial conference is designated as the “final pretrial conference” the following shall be timely filed to be addressed at said final pretrial conference: 1. Motions in Limine; 2. Stipulations of any facts or law; 3. Dispositive Motions; 4. Proposed Jury Instructions; 5. Witness and Exhibit Lists; 6. Trial Depositions; 7. Objections to any expert reports or testimony to be used at trial; 8. All other matters deemed necessary by the Court to be addressed prior to trial.

CRITICAL

Applies to

Petition

Every adoption or termination-of-parental-rights petition must identify related Dependency, Neglect and Abuse or termination cases and list any previously appointed GAL and the parent’s attorney in the prior case.

Pursuant to FCRPP 32(2)(b), every petition in an adoption or termination of parental rights action shall include the case number of any related Dependency, Neglect and Abuse and/or Termination of Parental Rights case and the name of any GAL previously appointed and attorney for parent in the previous case.

CRITICAL

Applies to

Copy of EPO and subsequent DVO or modified orders

When the stated related case is pending in the same county, the Circuit Clerk must notify the Family Court Judge, cross-reference the cases, and place copies of the EPO and subsequent DVOs or modified orders in the circuit CI case file.

C. If a pending dissolution case or a child custody case wherein there remains a child under eighteen (18) years of age is of record in the same county in which the petition for protection from domestic violence is filed, the Circuit Clerk shall notify the Family Court Judge and cross-reference the "D" case with the circuit "CI" case and place in the circuit "CI" case file a copy of the Emergency Protection Order (hereinafter EPO) and subsequent Domestic Violence Orders (hereinafter DVO) or modified orders.

CRITICAL

Applies to

Order decree judgment form settlement agreement

Filings of documents to be incorporated into a final order must include an original, the required copies, and stamped, addressed envelopes for service on each party.

All filings of any order, decree, judgment, form or settlement agreement to be incorporated by reference into the final order, shall include an original and the appropriate number of copies to be entered and served upon each party, and shall include an appropriate number of stamped and properly addressed envelopes for service upon each party.

CRITICALCriminal cases

Applies to

Commonwealth recommendation

The Commonwealth must provide the Court with a written recommendation for each application.

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

CRITICAL

Applies to

Court file

Upon appointment, initial appearance, or as soon as practicable, attorneys must provide and maintain a correct email address or fax number in the court file.

4. Service by electronic means of reports required to be filed in actions in the Juvenile Divisions of the Family Court shall be the preferred method of service due to the volume of such reports. Upon appointment, initial appearance or as soon as practicable, all attorneys shall provide and maintain in the court file a correct electronic mail address or facsimile number.

CRITICAL

Applies to

Stay affidavit

The affidavit shall include the following information: 1. Present duty station and expected duration of present military assignment. 2. Residential address if different from duty station address. 3. Accrued leave to which defendant is entitled and number of days of leave which accrue to the defendant each month. 4. Any other information of a similar nature which would affect the defendant's ability to defend the action.

The affidavit shall include the following information: 1. Present duty station and expected duration of present military assignment. 2. Residential address if different from duty station address. 3. Accrued leave to which defendant is entitled and number of days of leave which accrue to the defendant each month. 4. Any other information of a similar nature which would affect the defendant's ability to defend the action.

CRITICAL

Applies to

Notice of related cases

When filing the initiating pleading, the petitioner must file a notice of any related cases, as defined by the listed categories and criteria.

A. At the time the initiating pleading is filed, Petitioner is required to file with the Court a notice of related cases, if any. A related case may be an open or closed civil, criminal, guardianship, domestic violence, juvenile delinquency, juvenile dependency, neglect or abuse, or domestic relations case. A case is considered related if: 1. It involves the same parties, children, or issues and is pending when the Family Court case is filed; or 2. It affects the Family Court's jurisdiction to proceed; or 3. An order in the related case may conflict with an order on the same issues in the new Family Court case; or 4. An order in the new case may conflict with an order in the earlier case.

CRITICAL

Applies to

Certificate of service

Must include

certificate of service

The Certificate of Service must state that opposing counsel was contacted about the proceeding date, describe contact efforts if contact was not made, or explain why the matter is set without agreement.

All Certificates of Service shall certify that opposing counsel was contacted concerning the date set for the proceeding, set forth the efforts made to contact if contact was not made, or why the matter shall be set without an agreement as to date.

CRITICAL

Applies to

Order referring case to master commissioner

An order referring a case to the Master Commissioner must clearly state the purpose of the reference and the Commissioner's duties.

The Order shall be sufficiently specific to indicate clearly the purposes of the references and the duties to be performed by the Master Commissioner thereunder.

CRITICAL

Applies to

Motion notice

Non-emergency Family Court motions must be noticed for the beginning of the appropriate regularly scheduled motion docket unless the Judge or Family Court Office advises otherwise.

C. Motions for matters in Family Court, not an emergency, shall be noticed for the beginning of the appropriate regularly scheduled motion docket, unless otherwise advised by the Family Court Judge or Family Court Office.

CRITICALCriminal cases

Applies to

Termination documents

The circuit clerk must file the Order of Termination and Affidavit of Violations in the official record.

The Order of Termination and Affidavit of Violations shall be filed in the official record by the circuit clerk, who shall serve the notice of termination on the parties, their attorneys, and probation and parole.

CRITICAL

Applies to

Brief

Briefs or memoranda relying on deposition testimony must attach copies of the relevant deposition portions for the Court and counsel.

Copies of the relevant portions of depositions relied upon in briefs to the Court shall be attached to the briefs or memorandum for the Court and counsel.

CRITICAL

Applies to

Felony diversion filing

Must include

proposed order

If applicable, a felony diversion motion and proposed diversion order must be filed when the defendant’s plea is taken.

If applicable, a motion for felony diversion and proposed order of diversion shall also be filed at the time the defendant’s plea is taken.

CRITICAL

Applies to

Petition

Petitions in dissolution or custody actions must include the summons for service on all necessary parties.

A. All petitions filed in dissolution or custody actions shall include the summons to be served on all necessary parties.

CRITICAL

Applies to

Pleading

Initial pleadings in KRS chapter 403 proceedings must be titled petitions, responsive pleadings responses, and other pleadings must use the designations provided by the applicable civil rules.

B. Pursuant to KRS 403.130(3) an initial pleading in all proceedings under KRS chapter 403 shall be denominated a petition. A responsive pleading shall be denominated a response. Other pleadings, and all pleadings in other matters under KRS chapter 403, shall be denominated as provided in the Rules of Civil Procedure.

CRITICAL

The petitioner has an ongoing responsibility to locate and file custody judgments relating to the named child with the Court.

The petitioner has an ongoing responsibility to locate and file with the Court any judgments of custody relating to the named child.

CRITICALCriminal cases

Applies to

Order of termination

The district or circuit clerk must file the Order of Termination in the official record.

The Order of Termination shall be filed in the official record by the district/circuit clerk.

CRITICALCriminal cases

Applies to

Affidavit of administrative discharge

If the BSW-MHC team determines administrative discharge is appropriate, staff must complete an Affidavit of Administrative Discharge for the judge.

If BSW-MHC team determines that administrative discharge is appropriate, BSW-MHC staff shall complete an Affidavit of Administrative Discharge to provide to the judge.

CRITICAL

Applies to

Stay motion and hearing request

A motion and hearing request for a stay must be supported by an affidavit explaining specifically how military service materially affects the defendant's ability to defend.

A motion and a request for a hearing for a stay of proceedings shall be supported by an affidavit containing specific reasons why the military defendant's service materially affects his ability to conduct his defense.

CRITICALCriminal cases

Applies to

Order of diversion

The diversion order must address applicable restitution, supervision and fees, duration, compliance with Probation and Parole rules, and the required conduct conditions.

B . The Order of Diversion shall include : l . Restitution, if applicable. 2 . Whether the diversion shall be supervised or unsupervised (and include supervision fees, if applicable) . 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 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

Order referring case to master commissioner

An attested copy of the referral order must be delivered to the Master Commissioner’s office.

An attested copy of the Order referring the case to the Master Commissioner shall be delivered to the Master Commissioner’s office.

CRITICAL

Applies to

Case filing

Dissolution, legal-separation, and marriage-invalidity proceedings must use the specified marriage title; custody or support proceedings must use the specified custody or support title.

2. As set forth in KRS 403.130(2), a proceeding for dissolution of marriage, legal separation or declaration of invalidity of marriage shall be entitled "IN RE THE MARRIAGE OF .... .." A custody or support proceeding shall be entitled IN RE THE (CUSTODY) (SUPPORT) OF .

CRITICAL

Applies to

Order of referral

Plaintiff's counsel must prepare and file AOC Form 141S, Order of Referral, in conjunction with payment of the JSAF.

Counsel for Plaintiff shall be responsible for preparation and filing AOC form 141S, Order of Referral, required in conjunction with payment of the JSAF.

CRITICAL

Applies to

Case filing

Cases filed in Family Court must use the specified caption format.

B. Cases filed in the Family Court shall be styled as follows: 1. Caption: COMMONWEALTH OF KENTUCKY CIRCUIT COURT DIVISION III FAMILY CASE NO:

CRITICAL

Applies to

Agreed order

An agreed order submitted to the clerk before the docket call must be signed by counsel for affected parties or by an unrepresented party, identify the resolved motion, and state the agreement’s terms; counsel need not attend the call.

If an agreed order relating to a motion on the docket, signed by counsel for all parties affected or a party if unrepresented, is submitted to the Circuit Clerk prior to the call of the docket, counsel need not attend the call of the docket. The agreed order shall refer to the motion resolved in the agreed order and set forth the terms of the agreement.

CRITICAL

Applies to

Order

Orders must be submitted to the Master Commissioner for review and approval with the appropriate copies and postage-paid envelopes.

with all Orders to be submitted to the Master Commissioner for review and approval, along with appropriate number of copies for the Court, Master Commissioner, and parties on the Certificate of Service and postage paid envelopes.

CRITICAL

Applies to

Motion notice

The notice must clarify that it is not an order requiring parents to appear and must state their rights to notice, appearance, and an opportunity to be heard.

The notice shall specifically state that the notice is not an order for the parents to appear, but rather that they have a right to notice of the proceeding and a right to appear and an opportunity to be heard at the proceedings.

CRITICAL

Applies to

Adoption petition

Adoption petitions must be filed pursuant to KRS Chapter 199.

All petitions for adoption shall be filed pursuant to KRS Chapter 199

CRITICALCriminal cases

Applies to

Notice of termination

The circuit clerk must file the Notice of Termination in the official record.

The Notice of Termination shall be filed in the official record by the circuit clerk.

CRITICALCriminal cases

Applies to

Notice of termination

The circuit court clerk must file the Notice of Termination in the official record.

The Notice of Termination shall be filed in the official record by the circuit court clerk, who shall serve notice of the Notice of Termination on the parties, their attorneys, and probation and parole.