Shelby Circuit Court Document Filing Requirements

CRITICAL

Applies to

Order or judgment

Counsel preparing an order or judgment must also deliver enough properly addressed, stamped envelopes for the Clerk to complete service when required by CR 77.04.

Counsel preparing the order or judgment SHALL ALSO DELIVER TO THE CLERK A SUFFICIENT NUMBER OF PROPERLY ADDRESSED, STAMPED ENVELOPES to permit the Clerk to complete service thereof when required by CR 77.04.

CRITICAL

Applies to

Motion

The Commonwealth Attorney must move to have qualifying property declared contraband or forfeited and recommend how the exhibits should be disposed of.

The Commonwealth Attorney shall make a motion to the Court to have any property declared contraband or forfeited property as permitted by the statute and make a recommendation to the Court regarding how the exhibits can be disposed.

CRITICAL

Applies to

Mediator notice

When a case is not accepted for mediation, the mediator must notify the Court promptly in writing.

i). The mediator shall notify the Court promptly in writing when a case is not accepted for mediation.

CRITICAL

Applies to

Motion

Motions to dismiss, motions for summary judgment, motions to strike, and motions under CR 12.02 shall be filed and served upon opposing party and/or attorney(s) at least 24 days prior to motion hour and accompanied by a memorandum of the grounds for the motion with citation of authorities relied upon, but not greater than 25 pages in length, unless permitted by prior order.

Motions to dismiss, motions for summary judgment, motions to strike, and motions under CR 12.02 shall be filed and served upon opposing party and/or attorney(s) at least 24 days prior to motion hour and accompanied by a memorandum of the grounds for the motion with citation of authorities relied upon, but not greater than 25 pages in length, unless permitted by prior order.

CRITICAL

Applies to

Legal brief or memorandum

Legal briefs and memoranda must be filed of record in the Clerk's office.

Legal briefs or memoranda shall be filed of record in the Clerk's office.

CRITICAL

Applies to

Motion

Every motion must appear on the Motion Docket unless otherwise provided or the motion may be heard ex parte.

Every motion, except as otherwise provided herein, and other than ones which may be heard ex parte, shall appear on the Motion Docket.

CRITICAL

Applies to

Order or judgment

Once signed by the Judge, an order or judgment must be delivered to the Clerk for entry.

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

CRITICAL

Applies to

Pretrial diversion recommendation

The Commonwealth must submit a written recommendation to the Court for each diversion application.

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

CRITICAL

Applies to

Jury instructions

The Commonwealth's Attorney and defense counsel must tender proposed jury instructions to the Judge's office three business days before trial.

The Commonwealth's Attorney and Defense counsel shall tender proposed jury instructions to the Judge's office three (3) business days in advance of trial on a CD or diskette in Microsoft Word format.

CRITICAL

Applies to

Default judgment submission

If the action is submitted at the hearing, the party seeking judgment must place the entire record and proposed judgment in the Judge's orders/judgments box in the Clerk's office.

If the action is ordered submitted at the hearing the party seeking the judgment shall place the entire record of the action and the proposed judgment in the Judge's orders/judgments box in the Clerk's office.

CRITICAL

The submitted materials must include a Master Commissioner signature line indicating certification and compliance.

f. A signature line for the master commissioner indicating certification and compliance;

CRITICAL

Applies to

Judgment or order

Covered judgments or orders must be submitted with the record to the Master Commissioner for certification before being delivered to the Court for approval and entry.

In addition to other requirements of these Rules, all judgments or orders directing the sale of property by the Master Commissioner, directing the disbursement of monies held by the Commissioner or directing the delivery of a deed must be submitted along with the record to the Commissioner for certification that it complies with all applicable statutes and rules. The Commissioner shall then deliver the judgment or order to the Court for approval and entry at its next motion hour.

CRITICAL

Applies to

Discovery motion

The defendant may seek additional discovery by written motion, but such motions must be specific rather than general, and broad discovery motions will be summarily overruled.

The defendant, by and through counsel, may request by written motion additional discovery or seek the Court's assistance in obtaining other relief to which he/she may be entitled. Any motions for additional discovery must be very specific and not general in nature. The Court will summarily overrule broad motions for discovery.

CRITICAL

Applies to

Default judgment submission

To submit a default judgment against a party who failed to appear, the requesting party must place the entire record, motion, and proposed judgment in the Judge's orders/judgments box in the Clerk's office.

To submit an action for judgment against a party in default for failure to appear, the party seeking the judgment shall place the entire record of the action, the motion and the proposed judgment, in the Judge's orders/judgments box in the Clerk's office.

CRITICAL

Applies to

Petition

The judge reviewing a protection-order petition must indicate in its “Court Action” section which of the two specified types of action will result.

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

Tax bill

If funds are to be disbursed to taxing authorities, copies of the relevant tax bills must be furnished to the Commissioner in time for payment of the amounts listed in the order.

If disbursements are to be made to taxing authorities, a copy of the pertinent tax bills) must be furnished the Commissioner, giving the commissioner's office sufficient time to pay the bills) with the amounts) listed in the order.

CRITICAL

Applies to

Order or judgment

An order or judgment directing a property sale or deed must include the specified property, ownership, title, cost, lien, and auctioneer information.

Every order or judgment of this Court directing the Commissioner to sell property or to execute or deliver a deed shall contain: 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; b. The name of the parties or parties whose interest is being sold or conveyed; c. The source of that party (or parties') title with deed book, page number and date of deed or recording date of deed; d. A specific designation of all costs, liens, and/or encumbrances to be paid. Regarding liens to be released, the judgment and order of sale shall specify the name and address of the entity and/or person(s) holding a lien and/or encumbrance, the payoff amount as of the end of the month in which the judgment and order of sale is drafted, and a per diem amount if applicable. e. A directive, upon request of the creditor or mortgage holder, that the Master Commissioner hire a licensed auctioneer to sell real estate which he has been ordered to sell pursuant to KRS 426.522.

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

Order of distribution

An order distributing funds held by the Commissioner must state the amounts collected, identify recipients, and specify each recipient’s amount due.

Orders requiring distribution of funds held by the Commissioner shall set forth all amounts collected, identify the proper recipients) and the specific amounts due each under the judgment or order.

CRITICAL

Applies to

Opposition response

A party properly served with the motion and supporting memorandum must file an opposing response citing supporting authorities; the response is limited to 25 pages unless the Court grants leave.

Any party properly served with a motion accompanied by a memorandum and authorities shall file a response opposing the motion, with citation of supporting authorities, but not greater than 25 pages in length except by leave of Court.

CRITICAL

Applies to

Proposed findings conclusions

Counsel must email proposed Findings of Fact and Conclusions of Law in Microsoft Word format to the Judge's staff attorney within ten days after the trial concludes.

After the conclusion date of a trial before the court, counsel shall prepare and submit to the Judge's staff attorney proposed Findings of Fact and Conclusions of Law along by email in Microsoft Word format within ten (10) days of the conclusion of the trial.

CRITICAL

The submitted materials must include an appropriate number of copies for all parties, including the submitting attorney and Master Commissioner.

i. Appropriate number of copies for all parties including submitting attorney and master Commissioner; and

CRITICAL

Applies to

Default judgment motion

A default-judgment motion must be written and accompanied by the specified attorney certificate and military-service affidavit.

A party seeking a judgment by default under CR 55.01 shall file a written motion therefor. The motion shall be accompanied (a) by a certificate of the attorney that no papers have been served upon the attorney by the party in default, the date and method by which the party in default was served and (b) by an affidavit stating whether the party in default is in the military service.

CRITICAL

Applies to

Discovery filing

Law enforcement officers holding evidence not provided to the Commonwealth's Attorney for impracticality or security reasons must list the evidence and its safekeeping location and provide that list for inclusion in the Commonwealth's discovery filings.

All law enforcement officers possessing evidence not otherwise provided to the Commonwealth's attorney office, due to impracticality or security reasons, shall make a list of said evidence and the location of safekeeping. This list shall be provided to the Commonwealth's Attorney and shall be made a part of the Commonwealth's discovery filings with the Court.

CRITICAL

Applies to

Notice of submission

An action may be submitted only after entry of a notice of submission and AOC Form-280, and the notice and record must be placed in the Judge's orders/judgments box in the Clerk's Office.

An action shall be submitted only upon the entry of a notice of submission and the AOC Form-280. The notice of submission along with the record shall be placed in the Judge's orders/judgments box in the Clerk's Office.

CRITICAL

The submitted materials must include a prepared-by signature line for the attorney submitting the order.

g. A prepared by signature line of the attorney submitting order;

CRITICAL

Applies to

Final disposition order

An order finally disposing of an appeal must provide for payment of costs and remand the case to the District Court.

All orders which make final disposition of an appeal will provide for the payment of costs and remand the case to the District Court.

CRITICAL

Applies to

Condensed deposition transcript pages

If the Court orders it and the deposition is the subject of a motion, relevant pages of the condensed deposition transcript must be filed in the record.

If ordered by the Court, relevant pages of a condensed deposition transcript shall be filed in the record if the deposition is the subject of any motion before the Court.

CRITICAL

Applies to

Discovery filing

The Commonwealth must include all information in its possession or control in discovery, including information covered by RCr 7.24 and RCr 7.26.

The Commonwealth shall include in its discovery all information in its possession or control, including the information contained in RCr 7.24 and RCr 7.26.

CRITICAL

Applies to

Docket pass form and order

Defense counsel must complete and tender the Docket Pass Form and Order to the Clerk in original or faxed form for a qualifying continuance request.

In cases where the defendant is detained at the Shelby County Detention Center and the defendant intends to request a continuance of the scheduled status hearing before the Court, a Docket Pass Form and Order shall be completed by defense counsel and tendered to the Clerk (original or faxed copy) by 3:00 p.m. one (1) business day before the scheduled motion docket so that the defendant whose case is being passed will not be transported from the Shelby County Detention Center for the motion docket.

CRITICAL

Applies to

Docket pass form and order

For a pass sought for a defendant in another institution or detention facility, the Form and Order must be filed with the Clerk in original or faxed form.

In all other cases, if a pass is sought for a defendants) in other institutions or detention facilities, then the Form and Order (original or faxed copy) shall be filed with the Clerk by 3:00 P.M. three (3) business days before the scheduled motion docket in order to avoid transport.

CRITICAL

Applies to

Order or judgment

The endorsement is not required in the listed circumstances, but preparing counsel must attest when one of those circumstances applies.

B. The endorsement required by paragraph A above shall not be required where: i). Counsel for the party(s) against whom the order is to be entered refuses to attest the order; il). Counsel for the partys) against whom the order is to be entered fails to return the order to counsel who prepared it within three business days of receipt of order; ili). The party against whom the order is to be entered is not represented by counsel; or iv). There was no opposition to the motion at Motion Hour. Where any of the above apply, preparing counsel shall so attest.

CRITICAL

Applies to

Order confirming sale

An order confirming the sale must be submitted to the Court when the sale is deemed confirmed.

Ten (10) days after the filing of the report of sale, if no objections have been filed thereto and without motion, the sale shall be deemed confirmed and an order confirming the sale shall be submitted to the Court.

CRITICAL

Applies to

Pretrial diversion application

In applying for diversion, defense counsel must state and the defendant must agree on the record that granting diversion waives any right to a speedy trial or disposition.

In applying for pretrial diversion, counsel for the defendant must state, and the defendant must agree on the record, in the event diversion is granted, any right to a speedy trial or disposition of the charge against him/her is waived.

CRITICAL

Applies to

Order or judgment directing sale

The order or judgment directing the sale may adopt these terms and conditions by reference or must restate them.

5). The terms and conditions hereinabove set out may be adopted by reference to this rule in the order or judgment directing the sale, or shall be restated therein.

CRITICAL

Applies to

Notice of service

A one-page notice of service under CR 33, CR 34, or CR 36 must be filed in the record.

A one-page notice of service under CR 33, CR 34 and CR 36, SHALL be filed in the record to prevent the case being placed on the show cause docket.

CRITICAL

Must include

certificate of service

The submitted materials must include a certificate of service by the Circuit Court Clerk.

h. A certificate of service by the Circuit Court Clerk;

CRITICAL

Applies to

Agreed order

An agreed order deciding or affecting issues on appeal must clearly state either that the appeal is dismissed and remanded for specified action or judgment, or which issues remain to be decided.

G. All agreed orders deciding or affecting the issues on appeal must clearly state either (a) that the appeal is dismissed and the case remanded to the District Court for specific action or judgment or (b) that certain specified issues remain to be decided.

CRITICAL

Applies to

Appraisals

Appraisals must be submitted in writing to the Master Commissioner, signed by the appraisers, and filed in the court record before the sale.

Their appraisals shall be in writing to the Master Commissioner, shall be signed by the persons making them, and shall be filed in the court record prior to the sale.

CRITICAL

Applies to

Motion

After the retention period expires, the Commonwealth Attorney must review the exhibits and move the Court to determine which exhibits are contraband or forfeited.

After the time period has expired, all exhibits shall be delivered to the Commonwealth Attorney who shall review the exhibits and make a motion to the Court as to which exhibits shall be declared contraband and which exhibits shall be declared forfeited under the applicable statutes.

CRITICAL

Applies to

Appeal withdrawal

Retained trial counsel seeking to withdraw for a defendant appealing a conviction must prepare and file the listed appeal documents before permission to withdraw is granted, with the in forma pauperis and substitution documents required if applicable.

Retained trial counsel shall secure permission from the court before withdrawing as counsel for a defendant who seeks to appeal a judgment of conviction. Before permission to withdraw is granted, it shall be the responsibility of retained trial counsel to prepare and file the following: a. Notice of appeal pursuant RCr 12.04; b. Motion, affidavit, and order for leave to appeal in forma pauperis, if applicable; c. Designation of record on appeal; and d. Order substituting the Department of Public Advocacy as counsel on appeal, if applicable.

CRITICAL

Applies to

Notice of motion

A criminal-motion notice must specify the hearing date, time, and place, except for motions for shock probation or prerelease probation.

The notice of a motion in a criminal case, other than a motion for shock probation or prerelease probation, shall specify the date, time and place for the hearing thereof.

CRITICAL

Applies to

Default judgment motion

If the party in default has appeared, the default-judgment motion must appear on the motion docket.

Ill). If the party in default has appeared in the action, the motion shall appear on the motion docket

CRITICAL

Applies to

Discovery filing

If the Commonwealth withholds material as non-discoverable, it must state that in writing when it files the prosecutor's file contents.

In the event the Commonwealth withholds any material contents in its file under a claim of same being non-discoverable, the Commonwealth shall state so in writing at the time of the prosecutor's file contents are filed with the Court.

CRITICAL

Applies to

Agreed order

For a motion on the Motion Docket, counsel need not attend its call if an agreed order signed by counsel for all affected parties is submitted to the Clerk beforehand, and the order must state its basis.

i). If an agreed order, signed by counsel for all parties affected, relating to a motion appearing on the Motion Docket is submitted to the Clerk prior to the call of the Motion Docket, counsel need not attend the call of the Motion Docket. The agreed order shall set forth the basis for the order.

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 s all re-issue a summons until the matter may be heard by the receiving judge.

CRITICAL

Applies to

Pretrial diversion order

A pretrial diversion order must include the specified restitution, supervision, duration, compliance, testing, weapon, and other appropriate conditions, with restitution applicable as stated.

b.) The Order of Diversion shall include: i.) Restitution, if applicable. [Made mandatory by KRS 533.254 where victim has suffered monetary damage]. ii.) Whether the diversion shall be supervised or unsupervised (and include supervision fees, if applicable). ili.) Duration of the diversion. iv.) Require defendant to obey all rules and regulations imposed by Probation & Parole. v.) As required by KRS 533.030(1) [conditions of probation/restitution], direct the defendant not to 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. vi.) That the petitioner remain drug and alcohol free and be subject to random testing . vii.) That the petitioner have no violation of the Penal Code or the Controlled Substances Act. viii.) That the petitioner possess no firearm or any other deadly weapon. ıx.) Such other terms and conditions as the Court shall deem appropriate, including, but not limited to, public service work and touring of a facility.

CRITICAL

Applies to

Judicial sale withdrawal or abatement

After entry of a Judgment and Order of Sale, withdrawal or abatement must be requested by motion and Order before the sale date and time.

e. Withdrawal or abatement of any judicial sale after entry of a Judgment and Order of Sale thereon shall be made by motion and Order prior to the date and time of the sale.

CRITICAL

Applies to

Pretrial diversion recommendation

If the Commonwealth recommends diversion, its written recommendation must include 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 of conditions for the pretrial diversion as well as the appropriate sentence to be imposed if the diversion agreement is unsuccessful.

CRITICAL

Applies to

Pleading or paper requiring certificate of service

Papers requiring a certificate of service must list the typed name, complete address, and telephone number of counsel and all opposing counsel on the last page.

B. All pleadings and papers requiring a certificate of service shall set forth on the last page thereof the typed name and complete address of counsel, including telephone number AND complete name, address, and telephone number of all opposing counsel.