Scott Circuit Court Document Filing Requirements

CRITICALCriminal cases

Applies to

Notice of eligibility

If a defendant refuses to sign the Agreement of Participation, staff must notify the referring judge using the BSW-MHC-prescribed Notice of Eligibility form.

If a defendant refuses to sign the Agreement of Participation, Mental Health Court staff shall notify the referring judge by utilizing the Notice of Eligibility form prescribed by BSW-MHC.

CRITICAL

Applies to

Joint verified statement and order

When departing from the child support guidelines, the parties must submit a joint verified statement and order stating the statutory basis for the deviation, which may be included in the settlement agreement.

Further, because of the statutory requirement of written findings specifically detailing the factual reasons for departure from these guidelines, parties shall also submit a joint verified statement and order that includes specific language establishing a statutory basis for the deviation as set forth in KRS 403.211(3). This basis may be set forth in the settlement agreement.

CRITICALCriminal cases

Applies to

Agreement of participation

The Agreement of Participation must include the program requirements for each phase.

The agreement of participation will include the requirements of the program for each phase.

CRITICAL

Applies to

Temporary maintenance motion

A temporary maintenance motion must include Form AOC-238 and an affidavit stating the movant's monthly expenses and knowledge of the other party's monthly gross and net income.

Further, a motion for temporary maintenance must be accompanied by the Form AOC-238 Preliminary Verified Disclosure Statement and, by affidavit, movant's monthly expenses and movant's knowledge of the monthly gross and net income of the party from whom maintenance is sought.

CRITICAL

Applies to

Default judgment motion

Except in cases involving the Master Commissioner, a party seeking a judgment by default, where Rules 55.01, 5.01, or 6.03 of the Civil Rules apply, shall file a written motion which must appear on the motion docket. Said motion must be accompanied by a certificate of the attorney indicating that no papers have been served upon him by the party in default and that the party in default is not an active duty member of the United States Military.

Except in cases involving the Master Commissioner, a party seeking a judgment by default, where Rules 55.01, 5.01, or 6.03 of the Civil Rules apply, shall file a written motion which must appear on the motion docket. Said motion must be accompanied by a certificate of the attorney indicating that no papers have been served upon him by the party in default and that the party in default is not an active duty member of the United States Military.

CRITICAL

Applies to

Affidavit for costs and attorneys fees

An affidavit for costs and attorney’s fees and a separate appropriate order must be filed with the Court, and the fees and costs require court approval.

An affidavit for costs and attorney's fees must be filed with the Court along with an appropriate order separate from the final judgment. Fees and costs are subject to approval by the Court.

CRITICAL

Applies to

Pleading

Pleadings must provide the personal identifying information required by KRS Chapters 205, 403, 405, 406, and 407.

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.

CRITICALCriminal cases

Applies to

Notice of ineligibility

For an ineligible defendant, staff must notify the referring judge in writing on the prescribed form, and the evaluator must include the reasons for ineligibility.

If a defendant is determined to be ineligible for Mental Health Court, Mental Health Court staff shall inform the referring judge in writing using the form prescribed by BSW-MHC. The evaluator will include reasons as to the candidate's ineligibility.

CRITICALCriminal cases

Applies to

Letter

If service adjustments occurred in the previous 30 days, the participant must write a short letter to the court explaining why they believe they qualify for phase promotion.

Participant must write a short letter to the court explaining why they believe they are qualified for the phase promotion if any service adjustments occurred within the previous 30 days.

CRITICAL

Applies to

Settlement agreement

Each party entering a settlement agreement must attach a completed Form AOC-238 to the agreement for the Court’s conscionability assessment.

If the parties enter into a settlement agreement, each shall attach to the agreement a copy of a completed Preliminary Verified Disclosure Statement, Form AOC-238 for consideration by the Court assessing the conscionability of the terms of the agreement.

CRITICAL

Applies to

Distribution order

An order distributing funds held by the Master Commissioner must state all amounts collected, identify the proper recipients, and specify the amounts due under the Judgment or Order.

All Orders requiring distribution of funds held by the Master Commissioner shall set forth all amounts collected, identify the proper recipient(s) and the specific amounts due under the Judgment or Order.

CRITICALCriminal cases

Applies to

Agreement of participation

All potential Mental Health Court participants must sign a written Agreement of Participation before eligibility is determined.

"Agreement of Participation" means the written agreement required to be signed by all potential Mental Health Court participants prior to the determination of eligibility for Mental Health Court.

CRITICAL

Applies to

Motion

A motion filing must use the prescribed NOTICE–MOTION or, when more applicable, NOTICE–FILING format, with the notice first and the requested relief, grounds, supporting authority, and required proof in the motion section.

B. All motions shall be titled NOTICE - MOTION (or NOTICE - FILING, if more applicable). The NOTICE setting forth the date and location of the proceeding shall appear first, followed by MOTION (or FILING, if more applicable) which shall state with specificity the relief or order requested, a statement of the grounds for the relief or order with appropriate citations to supporting authority and any proof including affidavits in support of the relief required at the time of filing. Failure to file a statement of grounds with citations to supporting authority may be cause for overruling or denying the Motion.

CRITICAL

Applies to

Proceeding record

A videotaped record must be kept for all proceedings, and copies must be available to parties and counsel upon request under FCRPP 27.

A videotaped record of all proceedings shall be kept and copies shall be available to the parties and their counsel upon request in accordance with the provisions of FCRPP 27.

CRITICAL

Applies to

Notice of related case

When an action is filed, the Court must be notified of any related Dependency, Neglect and Abuse or Termination of Parental Rights case.

Upon the filing of an action, notice of any related Dependency, Neglect and Abuse and/or Termination of Parental Rights case, shall be given to the Court.

CRITICAL

Applies to

Status summons

The Circuit Clerk must attach a copy of the Status petition to every Status summons.

C. The Circuit Clerk shall attach a copy of the Status petition to all Status summonses.

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

Related case court files

E. To further promote an efficient determination of family law matters, the Circuit Clerk knowledge of the Circuit Clerk and maintained locally, regardless of whether the parties shall bring to the call of the docket the court files of all related cases within the have identified them. To aid the Family Court Judge who may be in another county within the circuit but seeks access to case information through the court case listed by the Circuit Clerk in the court case management system cross reference sections management system, related cases within the knowledge of the Circuit Clerk shall be of such related cases.

E. To further promote an efficient determination of family law matters, the Circuit Clerk knowledge of the Circuit Clerk and maintained locally, regardless of whether the parties shall bring to the call of the docket the court files of all related cases within the have identified them. To aid the Family Court Judge who may be in another county within the circuit but seeks access to case information through the court case listed by the Circuit Clerk in the court case management system cross reference sections management system, related cases within the knowledge of the Circuit Clerk shall be of such related cases.

CRITICAL

Applies to

Mandatory disclosure requirements

The parties may not mutually waive the mandatory disclosure requirements unless the Court grants leave for good cause shown.

The parties may not mutually waive these requirements without leave of Court for good cause shown.

CRITICAL

Applies to

Notice of related cases

The parties must continue to inform the Family Court of related cases in any jurisdiction or state that could affect the current proceeding.

C. The parties shall have a continuing duty to inform the Family Court of any related cases in this or any other jurisdiction or state that could affect the current proceeding.

CRITICALCriminal cases

Applies to

Agreement of participation

The Agreement of Participation must include standardized requirements for each program phase.

The Agreement of Participation shall include standardized requirements for each phase of the program.

CRITICAL

Applies to

Pretrial order

If a pretrial order is not entered at the time, the attorneys shall be responsible for preparation and submission of a pretrial order, incorporating the Court's rulings, agreements or stipulations of the parties in any matter designated by the Court not later than ten (10) days following the pretrial conference.

If a pretrial order is not entered at the time, the attorneys shall be responsible for preparation and submission of a pretrial order, incorporating the Court's rulings, agreements or stipulations of the parties in any matter designated by the Court not later than ten (10) days following the pretrial conference.

CRITICALCriminal cases

Applies to

Confidentiality agreement

Mental Health Court team members must sign a confidentiality agreement.

Due to the treatment component of Mental Health Court, team members shall sign a confidentiality agreement.

CRITICAL

Applies to

Bond

Submit all bonds to the Master Commissioner and the Court for signature and approval, along with the fee payable to the Circuit Court Clerk.

All bonds shall be submitted to the Master Commissioner and the Court for signature and approval along with the fee payable to the Circuit Court Clerk.

CRITICAL

Applies to

Subsequent summons

The Circuit Clerk must attach the petition to each subsequent summons issued for the respondent until initial service is accomplished.

and the Circuit Clerk shall attach a copy of the petition to each subsequent summons issued for respondent until initial service is accomplished.

CRITICAL

Applies to

Motion for compensation

The appropriate FAC form must be used instead of a separate motion for compensation.

the appropriate FAC form shall be used in lieu of a separate motion.

CRITICAL

Applies to

Protective order petition

Petitions seeking protection under KRS Chapter 403 or 456 must be made on form AOC-275.1.

All petitions requested, completed and signed by persons seeking protection under KRS Chapter 403 or KRS Chapter 456 shall be made on form AOC-275.1, and shall be accepted and filed with the court. KRS 403.725, KRS 456.030.

CRITICAL

Applies to

Proposed order

An attorney receiving a proposed order from another attorney must return it to the tendering attorney within seven days.

All proposed orders, tendered by an attorney to another attorney, must be returned within seven (7) days to the tendering attorney

CRITICAL

Applies to

Motion to submit

When the parties have resolved all issues by settlement and submit proof by written-question deposition, they may submit the decree motion directly to the Court with the listed documents instead of placing it on the docket.

Where proof is submitted by deposition upon written questions and the parties have executed a settlement agreement resolving all issues, a motion to enter a decree need not be placed upon the Court's docket but may be submitted directly to the Court in the form of a Motion to Submit with an Order to Submit, and include a deposition upon written questions, Findings of Fact and Conclusions of Law, Decree of Dissolution, original copy of the settlement agreement, both parties' Form AOC-238 Preliminary Verified Disclosure Statement, a completed child support worksheet signed by both parties, if applicable, and a Form AOC-152 Uniform Child Support Order and/or Wage/Benefit Withholding Order for Kentucky Employers, if applicable.

CRITICALCriminal cases

Applies to

Affidavit of violations

Mental Health Court staff must file a written Affidavit of Violations requesting termination.

Mental Health Court staff shall file a written Affidavit of Violations requesting the judge to terminate the participant from Mental Health Court.

CRITICAL

Applies to

Motion to enter plea

A motion to enter a guilty plea or an Alford plea must be filed when the Court takes the plea.

A motion to enter the guilty plea or plea pursuant to North Carolina v. Alford shall be filed at the time the defendant’s plea is taken by the Court.

CRITICAL

Applies to

Certificate of service

Must include

certificate of service

A Certificate of Service must include each served person's mailing address, telephone number, and email and/or facsimile number if provided of record, except that the information may remain confidential in domestic violence actions.

E. The Certificate of Service shall include the mailing address, contact telephone number and contact email and/or facsimile number, if provided of record, for all persons served, except in domestic violence actions where the information may be held confidentially.

CRITICAL

Applies to

Default judgment motion

Except in cases involving the Master Commissioner, a party seeking default judgment under the specified Civil Rules must file a written motion on the motion docket.

Except in cases involving the Master Commissioner, a party seeking a judgment by default, where Rules 55.01, 5.01, or 6.03 of the Civil Rules apply, shall file a written motion which must appear on the motion docket.

CRITICAL

Applies to

Motion for compensation

Motions for compensation shall be accompanied by affidavit;

Motions for compensation shall be accompanied by affidavit;

CRITICALCriminal cases

Applies to

Case transfer order

After the defendant is admitted and accepts the offer, the sentencing judge must complete an order transferring the case to Mental Health Court.

Upon a determination of admission to Mental Health Court, and upon the defendant's acceptance of the offer to enter Mental Health Court, the sentencing judge shall complete an order transferring the case to Mental Health Court.

CRITICAL

Applies to

Settlement agreement

Each settlement agreement must have a Form AOC-238 statement attached for each party.

A Form AOC-238 Preliminary Verified Disclosure Statement for each party shall be attached to all settlement agreements.

CRITICAL

Applies to

Court filing

Must include

certificate of service

A filing must be accompanied by either a motion or notice of filing with a certification of service, except for properly marked exhibits introduced at a hearing.

B. No document shall be filed in the Court record unless the document is accompanied by a proper motion with a certification of service upon the opposing parties that the motion and its attachments have been properly served on all parties or the document is accompanied by a notice of filing of said document with a certification of service that the document has been properly served on all parties. Exhibits properly marked and introduced in a Court hearing are an exception.

CRITICALCriminal cases

Applies to

Written referral order

A written referral order from a judge precedes BSW-MHC staff’s eligibility determination.

Upon receipt of a written order of referral from a judge, BSW-MHC staff shall determine whether a person is eligible for the program using the following criteria.

CRITICAL

Applies to

Order or judgment

A signed order or judgment must be delivered to the Clerk for entry.

When signed by the judge, the order or judgment shall be delivered to the Clerk for entry.

CRITICALCriminal cases

Applies to

Notice of termination

If the judge agrees with the accommodation, the judge must complete a BSW-MHC-prescribed Notice of Termination by administrative discharge.

If the judge agrees with the accommodation, the judge shall complete a Notice of Termination by administrative discharge on a form prescribed by BSW-MHC and refer the case back the sentencing judge.

CRITICAL

Applies to

Reference to master commissioner

References to the Master Commissioner must comply with the cited statutes, procedures, rules, or an individual case order.

References shall be made to the Master Commissioner as provided by the Kentucky Revised Statutes, Administrative Procedures of the Court of Justice (AP) Part IV, by the Rules of Civil Procedure, by these Local Rules or by Order of the Court in individual cases.

CRITICAL

Applies to

Matter submission

Must include

proposed order

When submitting a matter for judgment or ruling, the parties must provide proposed judgments, findings, or conclusions consistent with the relief sought and an editable electronic version through electronic filing or email to the presiding judge’s staff attorney.

A. Upon submission of any matter to the Court for judgment or ruling, the parties shall prepare and provide to the Court proposed judgments, findings, and/or conclusions of law consistent with the relief sought from the Court. An electronic version of the proposed judgment, findings, and/or conclusions of law that may be edited shall be provided to the presiding judge through electronic filing or through email to the presiding judge’s staff attorney.

CRITICAL

Attorneys practicing in the Juvenile Division must provide and maintain a correct email address or fax number in the court file upon appointment, initial appearance, or as soon as practicable.

Upon appointment, initial appearance or as soon as practicable, all attorneys practicing in the Juvenile Division of Family Court shall provide and maintain in the court file a correct electronic mail address or facsimile number.

CRITICAL

Applies to

Petition

In cases involving minor children, two completed Case Data Information Sheets must be filed with the petition, with one routed to the County Attorney’s box and the other placed in the Court record.

Two copies of a completed Case Data Information Sheet shall be filed with the petition (Form AOC-FC-3) in cases involving minor children. One form shall be forwarded to the County Attorney's box by the Circuit Clerk; the other shall be filed in the Court record.

CRITICAL

Applies to

Petition

The reviewing judge must indicate in the petition’s Court Action section whether the 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

Motion to modify temporary child support or maintenance

A motion to modify temporary child support or maintenance must include an affidavit stating the movant’s changed circumstances or basis for modification and updated financial information.

All motions to modify temporary child support or maintenance shall comply with the rules to initially set temporary child support or maintenance and, by affidavit, movant's change of circumstances or basis for modification and updated financial information.

CRITICAL

Applies to

Dui guilty plea form

A DUI guilty plea form must be filed in the record whenever the defendant pleads guilty to driving under the influence.

A DUI guilty plea form shall also be filed in the record in any matter in which the defendant pleads guilty to driving under the influence.

CRITICAL

Applies to

Notice of motion

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

Notice of the motion shall specify the date, time, and place of the hearing.

CRITICAL

Applies to

Judgment or order directing sale disbursement or deed delivery

After approval, submit sufficient copies and self-addressed stamped envelopes to the Master Commissioner, who will deliver the judgment or order to the Court for approval and entry.

Upon approval, a sufficient number of copies along with self-addressed stamped envelopes shall be submitted to the Master Commissioner who shall then deliver the Judgment or Order to the Court for approval and entry.

CRITICAL

Applies to

Protection from domestic violence summons

When a petition for protection from Domestic Violence is filed, the Circuit Clerk must attach a copy of the petition to the required summons.

D. Upon the filing of a petition for protection from Domestic Violence the Circuit Clerk shall attach a copy of the petition to the required summons as set forth in CR 4.01(1)(a), KRS 403.740 or KRS 403.745.