Scott Circuit Court Document Filing Requirements

WARNING

Applies to

Agreed order

In a Paternity action, parties may tender an agreed order for permanent custody, timeshare, and visitation instead of filing a new action, provided the agreement sets forth the criteria required by KRS 403.270.

In lieu of filing a new action, the parties may tender in Paternity actions an agreed order of permanent child custody, timeshare and visitation if said agreement sets forth the appropriate criteria required by KRS 403.270.

WARNING

Applies to

Final verified disclosure statement

The Final Verified Disclosure Statement, AOC-239, may be waived when there is no final hearing because of a settlement agreement.

The Final Verified Disclosure Statement, AOC-239, may be waived if there is no final hearing due to settlement agreement;

WARNING

Applies to

Appraisal

A new appraisal is required if the real property has not been sold within six months after the appraisal date.

In any action in which real property has not been sold within six (6) months of the date of appraisal, a new appraisal shall be required.

WARNINGCriminal cases

Applies to

Notice of termination

If the request is knowing and voluntary, the judge may terminate the participant using a BSW-MHC-prescribed form.

If the judge determines that the request is knowingly and voluntarily made, the judge may terminate the participant from Mental Health Court on a form prescribed by BSW-MHC and refer the case back to the sentencing judge.

WARNING

Applies to

Agreed order

Counsel need not attend the motion docket call if an agreed order signed by counsel for all affected parties is submitted to the Circuit Clerk before the call.

If an agreed order signed by counsel for all parties affected is submitted to the Circuit Clerk before the call of the motion docket, counsel need not attend the call of the motion docket.

WARNING

Applies to

Temporary child support or maintenance motion

The Court may require additional proof, including tax returns, loan applications, or other financial documents.

The Court may order additional proof, including income tax returns, loan applications, or other financial documentation.

WARNING

Applies to

Motion brief memorandum

Only relevant portions of depositions referenced in pleadings or relied on in briefs may be attached to a motion, brief, or memorandum.

D. Only copies of the relevant portions of depositions referenced in pleadings or relied upon in briefs to the Court shall be attached to the motion, brief or memorandum.

WARNING

Applies to

Notice of related cases

B. This notice should state: 1. The name of the case(s); 2. Identify the petitioner and respondent, case number and division; 3. If the case has been decided or is still pending (Note: a case is pending until a child is eighteen (18), has graduated high school or is emancipated as a court's jurisdiction may extend to that event); 4. Name of Court where case was decided or is pending; 5. The relationship of the case(s) including if the case: a. Involves the same parties, children, or issues; or b. May affect the Family Court's jurisdiction; or c. An order in a related case may conflict with an order in this case; or d. An order in this case may conflict with a previous order in a related case; and 6. Provide a brief statement as to the relationship of the case(s).

B. This notice should state: 1. The name of the case(s); 2. Identify the petitioner and respondent, case number and division; 3. If the case has been decided or is still pending (Note: a case is pending until a child is eighteen (18), has graduated high school or is emancipated as a court's jurisdiction may extend to that event); 4. Name of Court where case was decided or is pending; 5. The relationship of the case(s) including if the case: a. Involves the same parties, children, or issues; or b. May affect the Family Court's jurisdiction; or c. An order in a related case may conflict with an order in this case; or d. An order in this case may conflict with a previous order in a related case; and 6. Provide a brief statement as to the relationship of the case(s).

WARNINGCriminal cases

Applies to

Order of termination

For an absconded participant, the judge may sign an Order of Termination using a BSW-MHC-prescribed form, and a copy of the Affidavit of Violations must be attached.

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

WARNING

Applies to

Trial brief

The Court may require each party to submit a trial brief summarizing the facts and law on which the party will rely; if required, the filing time will be set in the pretrial order.

The Court may require each party to submit a trial brief, consisting of a short memorandum of his/her view of the facts and law on which s/he will rely, and if so, the Court shall fix the time for filing such briefs in the pretrial order.

WARNING

Applies to

Proposed order

The presiding judge may assign counsel for the prevailing or moving party to draft an order or judgment setting out a ruling or opinion.

Whenever any ruling is made, or opinion rendered, an order or judgment setting out said opinion or ruling may be assigned by the presiding judge to be drafted by counsel for the prevailing or moving party.

INFOCriminal cases

Applies to

Agreement of participation

The standard terms of the Agreement of Participation may be changed if the Commonwealth, the Defendant, and the Court agree.

The standard terms of the agreement may be altered, added to, or subtracted from by agreement of the Commonwealth, the Defendant and the Court.

INFO

Applies to

Proposed findings conclusions and judgment

In contested proceedings or matters under submission, the Court may ask attorneys to submit proposed findings, conclusions, and judgment for its information and guidance.

In contested proceedings or other matters under submission, the Court may request that all attorneys submit proposed findings of fact, conclusions of law, and judgment. This is not intended to delegate the Court's decision making power, but will be used solely for information and as a guide.

INFOCriminal cases

Applies to

Order of diversion

A diversion order may include conditions requiring abstinence and random testing, compliance with the Penal Code and Controlled Substances Act, no possession of weapons, or other conditions deemed necessary.

C. The Order of Diversion may include: l . That the petitioner remain drug and alcohol free and be subject to random testing. 2. That the petitioner have no violation of the Penal Code or the Controlled Substances Act. 3 . That the petitioner possess no firearm or any other deadly weapon. 4. Others as deemed necessary.

INFOCriminal cases

Applies to

Termination petition

Participants may petition the judge to terminate them from Mental Health Court.

Participants may petition the judge for termination from Mental Health Court.

INFOCriminal cases

Applies to

Affidavit of violations

If a participant has absconded for at least 30 calendar days, Mental Health Court staff may complete an Affidavit of Violations.

In the case of a participant who has absconded for a period of at least 30 calendar days, Mental Health Court staff may complete an Affidavit of Violations.