Spencer County Circuit Court, Kentucky Document Filing Requirements

CRITICAL

Applies to

Commonwealth recommendation

If it recommends diversion, the Commonwealth’s 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 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

The required submission 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

Default judgment submission

Must include

proposed order

If a default-judgment action involving a party who appeared is ordered submitted at the hearing, the requesting party 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

Applies to

Judge signature page

Must include

case number

If a page requesting the Judge’s signature has no other case identifier, the top of that page must state the court name and case number.

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

Hearing notice

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

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

CRITICAL

Applies to

Order of distribution

An order distributing funds held by the Commissioner must state all amounts collected, identify the proper recipients, and specify the amount due to each under the judgment or order.

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

Commonwealth recommendation

The Commonwealth must provide the Court with a written recommendation in response to each application.

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

CRITICAL

Applies to

Legal brief

Copies of cited cases must not be filed; they must instead be placed in the Judge's box with a copy of the brief or memorandum.

Copies of cases cited therein shall not be filed but shall be placed in the Judge's box along with a copy of the legal brief or memorandum.

CRITICAL

Applies to

Pretrial diversion application

The application process must include counsel’s statement and the defendant’s on-record agreement to waive speedy-trial or disposition rights if diversion is granted.

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

Orders and judgments must be attested by counsel for all parties as conforming to the ruling and presented to the Court, subject to stated exceptions; preparing counsel must attest when an exception applies.

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. 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

Response

A party opposing a properly served motion must file a 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

Order or judgment

After the Judge signs an order or judgment, it 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.

CRITICAL

Applies to

Request for ex parte or temporary restraining order

The record must accompany requests for ex parte and temporary restraining orders delivered to the Commissioner.

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. The Commissioner shall then make a determination.

CRITICAL

Reinstatement of a withdrawn or abated judicial sale must be sought by motion and order.

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

CRITICAL

Applies to

Notice of service

A notice of service under CR 33, CR 34, or CR 36 must be filed in the record to prevent the case from being placed on the show-cause docket.

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

Applies to

Default judgment submission

Must include

proposed order

To submit a default judgment against a party who failed to appear, the requesting party must place the entire action 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

Appraisals must be written and 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

Condensed deposition transcript

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

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

Appeal documents

Before retained trial counsel may withdraw in a defendant's appeal, counsel must prepare and file the listed appeal documents, including applicable in forma pauperis and counsel-substitution papers.

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

The submission 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

Order referring case

An attested copy of the order referring the case to the Master Commissioner must be delivered to the 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

Mediator report

At the end of mediation, the mediator must report in writing that the process has ended; if there is no agreement, the report must say so without comment or recommendation, and with the parties' consent it may identify matters whose resolution could facilitate settlement.

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. With the consent of the parties, the mediator's report may also identify any pending motions, outstanding legal issues, discovery process or other action by any party which, if resolved or completed, would facilitate settlement.

CRITICAL

Applies to

Pretrial diversion order

The diversion order must specify the diversion’s duration.

Duration of the diversion.

CRITICAL

Applies to

Default judgment motion

A default-judgment motion must be written and accompanied by an attorney certificate about service and an affidavit stating whether the defaulting party is in military service.

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

Judgment or order

Judgments or orders directing a sale, disbursement, or deed must be submitted with the record to the Master Commissioner for certification before the Commissioner delivers them 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

Pretrial diversion order

The diversion order must include restitution when applicable, and restitution is mandatory when the victim has suffered monetary damage.

Restitution, if applicable. [Made mandatory by KRS 533.254 where victim has suffered monetary damage].

CRITICAL

Applies to

Jury instructions

The Commonwealth’s Attorney and defense counsel must submit proposed jury instructions to the Judge’s office in the specified format 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

Legal paper requiring certificate of service

Pleadings and papers that require a certificate of service must include specified contact information for counsel and 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.

CRITICAL

Applies to

Pretrial diversion order

The diversion order must state whether diversion is supervised or unsupervised and include supervision fees if applicable.

Whether the diversion shall be supervised or unsupervised (and include supervision fees, if applicable).

CRITICAL

Applies to

Docket pass form and order

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.

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

Notice of appearance

New counsel must file an entry of appearance in the record immediately upon being retained.

"New" counsel shall file an entry of appearance in the record immediately upon being retained.

CRITICAL

Applies to

Pretrial diversion order

The diversion order must require that the petitioner have no violation of the Penal Code or Controlled Substances Act.

That the petitioner have no violation of the Penal Code or the Controlled Substances Act.

CRITICAL

Applies to

Order

All orders must contain a signature line for approval of entry.

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

CRITICAL

Applies to

Pleading or legal paper

Must include

caption, case number

All civil and criminal pleadings and legal papers must contain the specified court heading and a case number centered directly beneath it.

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

Discovery

The Commonwealth’s discovery must include all information in its possession or control, 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

Guilty plea documents

In criminal cases where the defendant elects to plead guilty, the defendant must sign the Commonwealth's Offer on a Plea of Guilty and Petition to Enter Plea of Guilty, and both must be attached to the record by the stated deadline.

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.

CRITICAL

Applies to

Mediator notice

The mediator must promptly notify the Court in writing when declining a case for mediation.

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

CRITICAL

Applies to

Tax bills

When funds will be disbursed to taxing authorities, copies of the pertinent tax bills must be furnished to the Commissioner with sufficient time to pay 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

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

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

Order of submission

When submitting a matter for decision or final judgment, the parties must prepare and present an order of submission identifying the issues submitted.

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

Order or judgment

Orders or judgments directing the Commissioner to sell property or execute or deliver a deed must include the property description, parties and title information, costs and lien details, and—upon request of a creditor or mortgage holder—a directive to hire a licensed auctioneer where applicable.

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

Action submission

An action may be submitted only after a notice of submission and AOC Form-280 are entered.

An action shall be submitted only upon the entry of a notice of submission and the AOC Form-280.

CRITICAL

Applies to

Docket pass form and order

For a pass sought for a defendant in another institution or detention facility, the original or a faxed copy of the Form and Order must be filed with the Clerk, and the original must be presented to the Judge for signing at the call of the motion docket.

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. The original Form and Order shall then be presented to the Judge for signing at the call of the motion docket.

CRITICAL

Applies to

Pretrial diversion order

The diversion order must direct the defendant not to commit an offense during diversion and to comply with other applicable KRS 533.030 provisions and court-imposed conditions.

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.

CRITICAL

Applies to

Motion

Motions must appear on the Motion Docket unless otherwise provided or eligible to 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

Pretrial diversion order

The diversion order must require the petitioner to remain drug- and alcohol-free and be subject to random testing.

That the petitioner remain drug and alcohol free and be subject to random testing .

CRITICAL

The parties may not stipulate to stay an appeal pending an event; that relief may be obtained only by motion and court order.

The parties may not agree that the appeal be stayed pending the happening of some event and such relief may only be obtained upon motion and order of the Court.

CRITICAL

The submission 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

Substitution or withdrawal

Counsel substitution or withdrawal may proceed by an agreed order naming new counsel and signed by all parties, or by leave of Court on 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.