Scott Circuit Court Document Filing Requirements

CRITICALCriminal cases

Applies to

Mental health court documents

When used, copies of the listed Mental Health Court documents must be filed by BSW-MHC staff with the appropriate clerk for the underlying criminal case record.

Upon utilization of any of the following documents, a copy of such documents shall be filed by BSW- MHC staff with the appropriate court clerk for entry into the court record of the underlying criminal offense. All other Mental Health Court documents shall be kept confidential and under seal: 1. Order referring to Mental Health Court; 2. Notice of Eligibility; 3. Order transferring to Mental Health Court; 4. Affidavit of Violations; and 5. Orders of Termination, graduation, or administrative discharge.

CRITICAL

Applies to

Parent education completion certificates

For dissolution or custody proceedings, the Clerk may not assign a contested final hearing date until certificates show that both parties and their children completed the parent education program, if applicable.

In a proceeding for dissolution of marriage or custody the Circuit Clerk shall not assign a date for final contested hearing until certificates demonstrating that both parties and their children have completed the parent education program, if applicable.

CRITICAL

Applies to

Termination of parental rights petition

Petitions for termination of parental rights must be filed pursuant to KRS Chapter 625.

petitions for termination of parental rights shall be filed pursuant to KRS Chapter 625.

CRITICAL

Applies to

Waiver

A party seeking to sign the waiver must do so before a notary.

Any party seeking to sign such waiver shall Appearances Waivers and Agreements before a notary.

CRITICAL

Applies to

Judgment or order directing sale disbursement or deed delivery

Judgments or orders directing a sale, disbursement, or deed delivery must be submitted to the Master Commissioner in advance for review and certification of compliance.

In addition to the requirements of these Local Rules, all Judgments or Orders directing the sale of property by the Master Commissioner, directing the disbursement of monies held by the Master Commissioner, or directing the delivery of a deed shall be submitted to the Master Commissioner in advance for review and certification that it complies with AP Part IV and any other applicable rules and statutes.

CRITICAL

Applies to

Motion notice

A motion notice must specify the hearing date, time, and place.

The notice shall specify the date, time, and place for the motion to be heard.

CRITICAL

Applies to

Deposition

Depositions must be filed with the Circuit Clerk in the county where the action is pending or sent to the Clerk by registered mail for filing.

All depositions shall be filed with the Circuit Clerk of the county in which the action is pending or sent in by registered mail to the Clerk for filing.

CRITICAL

The party moving for sale must obtain written tax payoffs through confirmation and deed delivery and file those payoffs in the Court record.

It shall be the responsibility of the party moving for the sale to obtain appropriate written payoffs from the tax entities through date of confirmation of sale and delivery of deed, which payoffs shall be filed in the Court record;

CRITICAL

Applies to

Summons

The summons must include a copy of the petition and any accompanying documents required by FCRPP 40.

The Circuit Clerk shall attach to the summons a copy of the petition and any accompanying documents required to be filed pursuant to FCRPP 40.

CRITICALCriminal cases

Applies to

Pretrial diversion application

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

In applying for pretrial diversion, counsel for 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

Order of termination

The judge must sign the Order of Termination on a BSW-MHC-prescribed form, with a copy of the Affidavit of Violations attached.

An Order of Termination shall be signed by the judge on a form prescribed by BSW-MHC, and a copy of the Affidavit of Violations shall be attached.

CRITICAL

Applies to

Compensation documentation

Documentation supporting compensation must state the appointment's statutory basis, describe the services and hours and the reasonableness of the fee, and confirm the proceeding's conclusion and disposition date.

Submitted documentation shall include: 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 request; and 3. That the action or proceeding has been concluded and date of disposition.

CRITICAL

Applies to

Brief motion

Copies of every case cited in a legal brief, memorandum, or the body of a motion must be attached to the original pleading filed with the court.

C. Copies of all cases cited within legal briefs, memoranda or the body of the motion shall be attached to the original pleading filed in the court file.

CRITICAL

Applies to

Plea papers

The Court may not take a plea unless the proper paperwork is filed in the record by the time the plea is taken.

The Court shall not take any pleas from defendants absent the proper paperwork being filed in the record on or before the time of the taking of the plea.

CRITICAL

Submissions must include self-addressed stamped envelopes for all parties, including the submitting attorney and the Master Commissioner.

Self-addressed stamped envelopes for all parties including the submitting attorney and the Master Commissioner;

CRITICAL

Applies to

Written certification

Before tendering a Judgment for approval, the tendering party must provide the Master Commissioner a written certification that a due diligence search was made to identify the deceased party’s heirs, devisees, and their spouses.

Before a Judgment is tendered to the Master Commissioner for approval, the party tendering the Judgment must certify in writing to the Master Commissioner that a due diligence search has been made (i.e., newspaper, online obituary, probate Court records) to ascertain the identity of the deceased party’s heirs, devisees, and their respective spouses.

CRITICAL

The required foreclosure language must address payment of current and delinquent real-property taxes from sale proceeds and provide that the taxing districts need not be named or participate to protect their claims.

Language reflecting the priority of and request to pay all taxes for the current tax year which become due prior to the date of sale and all outstanding delinquent real property taxes without necessity of including the appropriate taxing districts as a party, which taxes shall be collected and paid from the foreclosure proceeds. The taxing districts of the respective counties of Bourbon, Scott and Woodford, inclusive of cities contained therein, shall not be named as parties or be required to file any response nor make any appearance in foreclosure actions in order to protect their specific claim for the payment of all unpaid real property taxes. Any ad valorem taxes that are currently due as of the date of the sale or delinquent at the time of sale shall be paid out of the proceeds of sale regardless of the entity that is owed those taxes.

CRITICAL

Applies to

Motion response

A response opposing a motion must state the grounds for opposition and cite supporting authorities.

shall file a response containing a statement of grounds for opposing the motion with citation of supporting authorities.

CRITICAL

Applies to

Petition

A petition must include jurisdictional allegations and specified information about the child’s parents and custodians, with diligent efforts to locate them and an additional search step if CHFS is the petitioner.

B. Any petition filed with this Court shall include the following: 1. Factual allegations relied upon in asserting the Family Court's jurisdiction; and 2. Full information concerning the child's parents, persons exercising custodial control or supervision or who have been awarded legal custody by a Court or claims a right to legal custody under the laws of this state, including a noncustodial parent and their addresses) if known after diligent efforts to locate them have been made by the petitioner. If the petitioner is the CHFS this effort shall include contacting the Child Support Division of the County Attorney's Office in an attempt to discover the address of any absent parent.

CRITICAL

Applies to

Interrogatory or request for admission response

An answer to an interrogatory or request for admission must reproduce the corresponding question or request immediately before the answer.

When answering interrogatories or requests for admissions, the replying party shall, as part of his/her answer, set forth immediately preceding the answer, the question or request made with respect to which the answer is given.

CRITICAL

Applies to

Electronic service notice

An electronic-service notice must be filed as a separate pleading, served on all parties, titled “NOTICE-ELECTRONIC SERVICE,” and include the correct email address or fax number and the agreement to accept service by those means from the filing date.

3. An attorney or party who will accept service via fax or email pursuant to CR 5.02 shall file such notice as a separate pleading and serve upon all parties. The notice shall be titled "NOTICE-ELECTRONIC SERVICE" and include the correct electronic mail address and/or facsimile number and set forth the agreement to accept service from the date of filing forward through such means. The written agreement shall be valid in only the court action in which it is filed and may be revoked by a subsequent written rescission filed as a separate pleading.

CRITICAL

Applies to

Settlement agreement

The settlement agreement must attach the Preliminary Verified Disclosure Statement, AOC-238, and include language adopting it as final and waiving objections.

the Preliminary Verified Disclosure Statement, AOC-238, shall be attached to the settlement agreement and the agreement shall include language specifically adopting it as final and waiving any objections.

CRITICAL

Applies to

Certification

The certification must be kept out of the Judgment and must not be filed in the Court record.

This certification is not to be included in the Judgment nor it is to be filed in the Court record.

CRITICAL

Applies to

Settlement agreement

Settlement agreements must be written and signed by all parties and their counsel, if any, within ten working days.

All settlement agreements must be in writing and signed by all parties and their counsel, if any, within ten (10) working days.

CRITICALCriminal cases

Applies to

Agreement of participation

The defendant must sign the Agreement of Participation.

The defendant will sign the Agreement of Participation.

CRITICAL

Applies to

Agreed order

Agreed Paternity/Child Support orders must state that each party was informed of the right to be heard if they disagree with the terms and expressly waives that opportunity.

All agreed orders of Paternity/Child Support and subsequent agreed orders regarding Child Support shall include specific language that each party was informed of the right to be heard by the Family Court Judge if any party does not agree with the terms of the agreed order and that each party expressly waives that opportunity to be heard.

CRITICALCriminal cases

Applies to

Eligibility assessment and notice submission

After the assessment, staff must complete the prescribed Notice of Eligibility form and submit it, the assessment, and other pertinent information to the BSW-MHC team before the defendant’s next scheduled court appearance.

After completing the assessment, Mental Health Court staff shall complete a Notice of Eligibility on a form prescribed by BSW-MHC. The assessment, the Notice of Eligibility form, and any other pertinent information regarding the defendant shall be completed and submitted to BSW-MHC team prior to the defendant's next scheduled court appearance.

CRITICAL

Applies to

Brief

Briefs or memoranda citing out-of-state authorities, unpublished Kentucky cases, or federal cases must attach copies of those authorities for the Court and counsel.

Copies of out-of-state authorities, unpublished Kentucky cases, or federal cases cited in briefs to the Court shall be attached to the briefs or memorandum for the Court and counsel.

CRITICAL

Applies to

Temporary child support or maintenance motion

A motion for temporary child support or maintenance must comply with FCRPP 9(4).

A motion for temporary child support or maintenance shall comply with FCRPP 9(4).

CRITICAL

Applies to

Report

If a report concerns multiple siblings, the Cabinet must provide the Circuit Clerk a copy for each child’s file.

If there are multiple siblings to whom the report refers, the Cabinet shall provide to the Circuit Clerk a copy of the report for each child's file.

CRITICAL

Applies to

Preliminary verified disclosure statement

A Preliminary Verified Disclosure Statement, Form AOC-238, may never be waived.

A Preliminary Verified Disclosure Statement, Form AOC-238, shall never be waived.

CRITICALCriminal cases

Applies to

Written recommendation

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

When diversion is recommended, the Commonwealth must make written recommendations to the Court ofconditions 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

Tendered order

Tendered orders, judgments, and decrees must include a signature line for the presiding judge.

A. Tendered orders, judgments and decrees shall include a signature line for the presiding Judge

CRITICAL

Applies to

Competing order or judgment

A party disputing the contents of an opinion or order must file a competing order or judgment.

If a dispute arises as to the contents of an opinion or order, the disputing party shall file their own competing order or judgment with the Court.

CRITICAL

Applies to

Order for deed or distribution

When a CR 4.11 bond is required, an order authorizing a deed or distribution of sale proceeds must contain the specified constructive-service and bond language.

All Orders authorizing the deed or distribution of sale proceeds in any action in which a bond under C.R. 4.11 is required must contain the following language” “The Defendant(s), ________________________________, are before the Court solely by constructive service. Therefore, prior to the distribution of sale proceeds, or the delivery of a deed, the movant shall post a bond pursuant to CR 4.11 in the penal sum of $________________ and furnish the Master Commissioner a copy thereof before entry of this Order.”

CRITICAL

Applies to

Application for appointment

An application for appointment as a Guardian ad Litem or other appointed counsel must be made by submitting the appropriate form to the Family Court Office.

Application for appointment as a Guardian Ad Litem (hereinafter GAL) or other appointed counsel is to be made by submitting the appropriate form to the Family Court Office.

CRITICAL

Applies to

Motion

A request for a judicial order concerning a covered video record must be made by written motion with notice to all parties and any Guardian ad Litem, identifying the requested portion and the specific purpose.

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 portion of the video record being requested and the specific purpose for the request.

CRITICAL

Applies to

Adoption proceeding

An adoption proceeding cannot be assigned a final hearing until the petitioner submits the court-approved checklist and certifies compliance.

No adoption proceeding shall be assigned a final hearing until the petitioner has submitted a court approved adoption proceeding checklist and certified compliance therewith.

CRITICAL

The sale terms must specify that the Master Commissioner will set the sale date and time and identify the applicable county sale location, unless the Court orders another location.

Terms specifying that the property shall be sold on a date and time to be fixed by the Master Commissioner at each respective county within the Circuit at the following locations, or at such other location as Ordered by the Court: a. Bourbon County: Judicial Center Main Street Paris, Kentucky 40361 b. Scott County Justice Building 119 N. Hamilton Street Georgetown, Kentucky 40324 c. Woodford County: Courthouse 130 Court Street Versailles, Kentucky 40383

CRITICAL

Applies to

Proposed order

A proposed order must be provided to all adverse parties for endorsement as having been seen.

The proposed order shall than be provided to all adverse parties for endorsement as being “have seen”.

CRITICAL

Applies to

Dispositional hearing submission

At the dispositional hearing, the Cabinet must provide the FCRPP 28 information using DNA Form 12 and explain any separation of siblings.

At the dispositional hearing the Cabinet shall provide the Court with the information required pursuant to FCRPP 28 by completing DNA Form 12, a pre-disposition investigation report. In addition, if the siblings have been separated, the Cabinet shall explain the reasons for the separation.

CRITICAL

Applies to

Offer sheet

Offer sheets must clearly state any charge amendments or dismissals and their basis.

The offer sheet shall be legible and shall clearly set out any amendments to charges or dismissal of charges and the basis for the amendments and/or dismissals.

CRITICAL

Applies to

Default judgment motion

Must include

proposed order

A proposed default judgment must be tendered with the motion or at the motion hearing.

A proposed default judgment must be tendered with the motion for default judgment or at the time of the hearing of said motion.

CRITICAL

Applies to

Proposed judgment and order

A copy of all proposed Judgments and Orders set to be heard before the Court shall be submitted to the Master Commissioner no less than seven (7) days prior to the date for which the matter is set to be heard by the Court.

A copy of all proposed Judgments and Orders set to be heard before the Court shall be submitted to the Master Commissioner no less than seven (7) days prior to the date for which the matter is set to be heard by the Court.

CRITICAL

Applies to

Preliminary verified disclosure statement

The parties may not waive by agreement the submission of Form AOC-238.

Parties may not waive by agreement submission of the Form AOC-238 Preliminary Verified Disclosure Statement.

CRITICAL

Applies to

Offer sheet

Offer sheets must be signed by the prosecutor, defendant, and defense counsel.

All offer sheets shall be signed by the attorney prosecuting the case, the defendant, and the defendant’s counsel and shall be filed in the record on or before the date the defendant’s plea is taken.

CRITICAL

Applies to

Joint verified statement and order

When the parties have a minor child, they must submit a joint verified statement and order addressing the health insurance obligation, which may be set forth in the settlement agreement.

When the parties have a minor child, pursuant to KRS 403.212, a court shall order health insurance coverage when reasonably available. Therefore, parties shall also submit a joint verified statement and order that includes specific language setting forth this obligation. This requirement may be set forth in the settlement agreement.

CRITICAL

Applies to

Preliminary verified disclosure statement

When exchanging Form AOC-238, each party must certify that supporting documentation is available for the opposing party to inspect and copy at the requesting party’s expense as of service.

Each party shall upon exchange of the Form AOC-238 Preliminary Verified Disclosure Statement certify that documentation supporting the information in the statement is available for the opposing party's inspection and copying at the requesting party's expense as of the date of service of the statement on the other party.

CRITICAL

Applies to

Original filing

An original pleading, motion, or other paper filed in the record must bear the attorney's or party's signature, and a rubber stamp does not qualify as a signature on an original pleading or motion.

G. The original pleading, motion and any other paper filed in the record by counsel or party shall include the signature of the attorney or party. A rubber stamp shall not be deemed a signature on the original pleading or motion either under this rule or CR 11.

CRITICAL

Applies to

Judgment or order directing sale or deed

Must include

certificate of service

Orders directing the Master Commissioner to sell property or execute or deliver a deed must include the specified property, party, title, signature, service, attorney-contact, and copy information.

Every Judgment or Order of the Circuit Court directing the Master Commissioner to sell property or to execute or deliver a deed shall contain: 1. The legal description of the property including a street address (or if it has no street address, a brief description of its location and size), along with any number(s) assigned to the property/parcel by the tax assessor for purposes of identification and record keeping such as the parcel or property identification number; 2. The name of the party or parties whose interest is being sold or conveyed; 3. The source of the party or parties’ title, with deed book, page number and date of deed or recording date of deed and/or Affidavit of Descent or Will Book and Page number if property is inherited; 4. A signature and date line for the Master Commissioner; 5. A prepared by signature line of the attorney submitting the order; 6. A certificate of service by the Circuit Court Clerk; 7. Email address, physical address, and phone number of attorney submitting document; 8. Appropriate number of copies for the Court and all parties including submitting attorney and Master Commissioner;