Simpson County Circuit Court, Kentucky Document Filing Requirements

Applies to

Protective order petition

The person administering the oath must enter their signature and office in the designated space on the form.

Any such person administering the oath shall fix his/her signature and office in the space provided on the form.

Criminal cases

Applies to

Application

The defendant's application must include a writing acknowledging that granting diversion waives the right to a speedy trial or disposition of the charge.

writing as part of the defendant's application, that in the event diversion is granted, any right to a speedy trial or disposition of the charge against him/her is waived .

Applies to

Form

A person administering the oath must enter their signature and office in the designated space on the form.

Any such person administering the oath shall fix his/her signature and office in the space provided on the form.

Criminal cases

Applies to

Commonwealth recommendation

If the Commonwealth recommends diversion, its written recommendation must state the diversion conditions and the appropriate sentence if the agreement is unsuccessful.

When diversion is recommended, the Commonwealth must make written recommendation to the Court of conditions for the . pretrial diversion as well as the appropriate sentence to be imposed if the diversion agreement is unsuccessful . KRS 533 .252(3)

Applies to

Protective order petition

Protective-order petitions under KRS Chapter 403 or 456 must use form AOC-275.1 and be accepted and filed with the court.

A. 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.

Criminal cases

Applies to

Order of diversion

The diversion order must address applicable restitution, supervision status and fees, duration sufficient for restitution, compliance with Probation & Parole rules, and the specified conduct conditions.

The Order of Diversion shall include : 1. Restitution, if applicable . See KRS 533 .254 . 2. Whether the diversion shall be supervised or unsupervised (and -2 include supervision fees, if applicable) . Supervision fees shall be not more than $25 .00 and not less than $10 .00 per month . 3. Duration of the diversion, which shall be sufficient to insure payment of restitution where applicable . 4. Require defendant to obey all rules and regulations imposed by Probation & Parole . 5 . 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 .

Applies to

Discovery motion

Must include

certificate of conference

A motion to compel discovery must include counsel’s certificate that counsel conferred or corresponded with opposing counsel and could not resolve their differences without a hearing.

All motions to compel discovery shall contain a certificate, by counsel, that she or he has their differences without a hearing. conferred or corresponded with opposing counsel and that they are unable to reconcile

Applies to

Entry of appearance

An attorney must file an entry of appearance as soon as the attorney becomes involved in the case.

becomes involved in the case. If an attorney is being substituted as counsel of record for An attorney shall forthwith file an entry of appearance in a case as soon as he or she another attorney, a motion shall either be filed or an agreed order submitted.

Criminal cases

Applies to

Commonwealth recommendation

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

The Commonwealth shall make a written recommendation to the Court in response to each application . KRS 533 .250(2) .

Applies to

Motion to withdraw appearance

Counsel must remain of record until the time to appeal expires unless the Court relieves counsel upon written motion and notice, with a copy of the motion served on the client.

Once having entered appearance, counsel shall remain of record, unless relieved of responsibilities by the Court upon written motion and notice (with copy of said motion served upon the client), until expiration of the time for filing a notice of appeal after the entry of Final Judgment or Order

Applies to

Pre trial compliance

Counsel must submit a pre-trial compliance document containing the listed witness, jury-instruction, and exhibit information.

Not less than ten days before the pre-trial conference, counsel shall file with the clerk and serve upon opposing counsel a single document titled "pre-trial compliance", which must contain the following (a) The names and addresses of all proposed trial witnesses ; (b) Proposed jury instructions (with citation of supporting authorities) ; and (c) A list and description of proposed trial exhibits

Applies to

Pleading

Pleadings must provide the personal identifying information required by the cited statutes.

All pleadings must comply with the requirements of KRS Chapters 205, 403, 405, and 407 by providing the personal identifying information required in those chapters.

Applies to

Motion

A motion concerning child visitation must state specific reasons why the incorporated time-sharing or visitation guidelines should not be followed.

705 Motions relating to child visitation shall contain a statement setting forth specific reasons why the time-sharing/visitation guidelines incorporated in these rules should not be followed. (See Appendix "B").

Applies to

Child custody motion

A child-custody motion must include an affidavit stating how long each parent had physical possession of the child in Kentucky during the preceding six months.

Motions relating to child custody shall be accompanied by an affidavit(s) that contains a statement of the extent to which the child/children have been in the physical possession of each parent within the Commonwealth of Kentucky for the past six (6) months.

Applies to

Trial memorandum

When the Court requests them, the parties must file trial memoranda addressing the listed facts, issues, arguments, relief, trial materials, and mediation status.

When requested by the Court, Petitioner and Respondent shall file trial memoranda which address the following: 1. A summary of the general facts; 2. A statement of any stipulated facts; 3. A listing of all issues of fact and law for adjudication; 4. A concise statement of each general issue in dispute; 5. Argument with ample supportive citations of authority pertinent to each issue of fact and law; 6. Conclusion setting forth the specific relief sought from the Court; 8. A statement of the status of mediation (if applicable). 7. Any updated witness lists, trial exhibits; etc., and

Applies to

Pleading and entry of appearance

Pleadings and entries of appearance must state counsel’s office address, mailing address, and telephone number.

On pleadings and in their entry of appearance, counsel shall set forth their office address, mailing address, and telephone number

Applies to

Motion

A motion served on the adverse party must state its hearing date, except for motions included in an answer; a noticed motion without a hearing date is treated as not filed.

All motions, except those included in an answer, when served on the adverse party, shall contain a date on which said motion shall be heard. Any motion noticed which fails to include the date of the hearing shall be treated as if no motion has been filed.

Applies to

Summons

If a case is reassigned or transferred, the issuing judge must reissue 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.

Applies to

Proposed trial exhibits

Counsel must produce the originals of proposed trial exhibits at the pre-trial conference and make them available for identification and examination.

At the pre-trial conference, counsel shall produce the original of all proposed trial exhibits and make same available for identification and for examination by the Court and by opposing counsel

Applies to

Petition

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

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

Applies to

Written entry of appearance

Upon being retained, counsel must file a written entry of appearance unless the appearance is apparent from pleadings filed.

Forthwith upon being retained, counsel shall file a written entry of appearance, unless counsel's entry of appearance is apparent from pleadings filed .

Applies to

Petition form

The person administering the oath must sign the form and identify their office.

Any such person administering the oath shall affix his/her signature and office in the space provided on the form.

Applies to

Request for court action

Counsel requesting one of the listed actions to address disputed custody or visitation arrangements must provide detailed reasons supporting the request.

In requesting one of the alternatives presented above, counsel for a party shall provide in detail the reasons supporting the request.

Applies to

Entry of appearance

An entry of appearance for a limited purpose must specify the limited nature of counsel’s representation.

Unless counsel specifies otherwise, an entry of appearance is considered to be for all purposes ; an entry of appearance for a limited purpose shall specify the limited nature _` counsel's representation of the client

A motion for default judgment must include counsel’s certification, based on counsel’s best knowledge, that the defendant is not in military service; CR 55.01 certification requirements also apply.

Motions for Default Judgment must be accompanied by a certification that to the best of the counsel's knowledge the defendant is not in the military service of the United States. This is in addition to the certification requirements of CR 55.01.