Shelby Circuit Court Document Filing Requirements

CRITICAL

Applies to

Counsel substitution or withdrawal

Counsel may substitute or withdraw by an agreed order naming new counsel and signed by all parties, or by leave of Court on a proper motion with notice to all parties.

Substitution of counsel or withdrawal of counsel from any proceeding may be by: 1) an Agreed Order which names the "new" counsel and is signed by all parties; or, 2) leave of Court upon proper motion with notice to all parties.

CRITICAL

Applies to

Judicial sale reinstatement

Reinstatement of a judicial sale after an order withdrawing or abating it must be made by motion and Order.

f. Reinstatement of a judicial sale following an order to withdraw or abate same shall be made by motion and Order.

CRITICAL

Applies to

Pleading or legal paper

Must include

caption, case number

Pleadings and legal papers must include the specified court heading and the case number.

A. The heading of all pleadings and legal papers in all civil and criminal cases shall be styled at the beginning and center of the first page as follows: COMMONWEALTH OF KENTUCKY 53гa JUDICIAL CIRCUIT ANDERSON (or SHELBY or SPENCER) CIRCUIT COURT The case number shall be centered directly under the above.

CRITICAL

Applies to

Settlement order

If a case settles before or during mediation, an attorney for a party must prepare and submit an order reflecting the settlement.

iii). If a case is settled prior to or during mediation, an attorney for one of the parties shall prepare and submit to the Court an order reflecting the fact of settlement as in any other case.

CRITICAL

Applies to

Order of submission

The parties must prepare and present an order of submission identifying the issues submitted for decision or final judgment.

Upon submission of any matter to the Court for decision or final judgment, the parties shall prepare and present to the Court an order of submission setting forth in particular the issue or issues on which the action is submitted

CRITICAL

Applies to

Discovery motion

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. The certification should detail the attempts of counsel to resolve the dispute.

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. The certification should detail the attempts of counsel to resolve the dispute.

CRITICAL

Applies to

Ex parte or temporary restraining order request

An ex parte or temporary restraining order request must be accompanied by the record.

Requests for ex parte and temporary restraining orders shall be immediately delivered to the Commissioner, along with the record, by the Clerk of this Court or the attorney requesting relief.

CRITICAL

The submitted materials must include self-addressed stamped envelopes for all parties, including the submitting attorney.

j. Self-addressed stamped envelopes for all parties including submitting attorney.

CRITICAL

Applies to

Order or judgment

Whenever a ruling is made or an opinion rendered, counsel for all parties to the order or judgment must attest that it conforms to the ruling or opinion, and the order or judgment must be presented to the Court.

A. Whenever any ruling is made or opinion rendered, an order or judgment in conformity therewith shall be attested by counsel for all parties thereto as being in conformity to the ruling or opinion, and shall be presented to the Court.

CRITICAL

Applies to

Trial assignment motion

A nonjury case may be assigned for trial only on motion at the Motion Docket call or at a pretrial conference, when the Court must be informed of the probable trial duration and counsel's conflicting trial obligations.

Nonjury cases will be assigned for trial only upon motion at the call of the Motion Docket, or at pre-trial conferences, at which time the Court shall be informed of the probable duration of the trial and any conflicting trial obligations of counsel for the parties.

CRITICAL

Applies to

Signature page

Must include

case number

If a page requesting the judge’s signature otherwise lacks the case name and number, the court name and case number must appear at the top of that page.

D. If a page requesting the Judge's signature has no other indicator of the case name and number on said page, a notation of the court name and case number shall be included at the top of said signature page.

CRITICAL

Applies to

Mediator report

At mediation’s conclusion, the mediator must report in writing that the process has ended and, if there is no agreement, report that fact without comment or recommendation.

v). At the conclusion of cases accepted for mediation, the mediator will report to the Court in writing the fact that the mediation process has ended. If the parties do not reach an agreement as to any matter as a result of mediation, the mediator shall report the lack of an agreement to the Court without comment or recommendation.

CRITICAL

Applies to

Order

Every order must contain a signature line for approval of entry.

all orders shall contain a signature line for approval of entry.

CRITICAL

Applies to

Hearing notice

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

The notice of the hearing shall specify the date, time and place for the hearing.

CRITICAL

Applies to

Guilty plea documents

In criminal cases where the defendant elects to plead guilty, the Commonwealth's offer and the petition to enter a guilty plea must be signed by the defendant and attached to the record by 3:00 P.M. one business day before the scheduled motion docket.

In all criminal cases in which the defendant elects to enter a plea of guilty, the Commonwealth's Offer on a Plea of Guilty and Petition to Enter Plea of Guilty shall be signed by the defendant and attached to the record by 3:00 P.M. one (1) business day before the scheduled motion docket.

WARNING

Applies to

Mediator referral

After accepting a case, the mediator may refer it back to the Court for good cause, which must be in writing.

II). At any time after a case has been accepted, the mediator may refer it back to the Court for good cause, which shall be in writing.

WARNING

Applies to

Written notification

An attorney who does not wish to receive appointments may request removal from the list by filing written notification with the appropriate Circuit Court Clerk.

Any attorney not wishing to receive such appointments may have his or her name removed from the list by written notification filed with the appropriate Circuit Court Clerk.

WARNING

Applies to

Default judgment motion

When the party in default has not appeared, the default-judgment motion need not appear on the motion docket.

If the party in default has failed to appear in the action, the motion need not appear on the motion docket

INFO

Applies to

Agreed order

Parties may resolve discovery disputes out of court by submitting an agreed order signed by counsel for all affected parties, without a supporting motion or Motion Docket placement.

ii). Out-of-Court resolution of discovery disputes may be effectuated, if desired, by submitting to the Court an agreed order signed by counsel for all parties affected by the order. No supporting motion is necessary, and the matter need not be placed on the Motion Docket.