Spencer County Circuit Court, Kentucky Document Filing Requirements

CRITICAL

Applies to

Agreed order

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

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

Petition

The judge reviewing an order-of-protection petition must indicate in its “Court Action” section whether the resulting action is under KRS Chapter 403 or KRS Chapter 456.

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

Settlement order

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

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

Discovery motion

Must include

certificate of conference

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

Proposed findings conclusions

After a court trial concludes, counsel must prepare and submit proposed Findings of Fact and Conclusions of Law to the Judge's staff attorney.

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

CRITICAL

Applies to

Discovery filing

The Commonwealth must file the discoverable portion of the prosecutor’s file for the defendant’s use and inspection at arraignment.

The Commonwealth shall file with the Court a copy of the discoverable portion of the contents of the Prosecutor's file for the use and inspection of the defendant at arraignment.

CRITICAL

Applies to

Motion notice

A notice of a criminal motion must state 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

Pretrial diversion order

The diversion order must require the defendant to obey all rules and regulations imposed by Probation & Parole.

Require defendant to obey all rules and regulations imposed by Probation & Parole.

CRITICAL

Applies to

Motion

After the exhibit-retention period expires, the Commonwealth Attorney must review the exhibits and move for the Court to determine which 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

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

CRITICAL

Applies to

Final appeal 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

Pretrial diversion order

The diversion order must prohibit the petitioner from possessing a firearm or other deadly weapon.

That the petitioner possess no firearm or any other deadly weapon.

CRITICAL

Applies to

Discovery filing

Law enforcement officers must list evidence withheld from the Commonwealth’s Attorney’s office for impracticality or security reasons and its storage location, and the list must be included 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

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

The required submission 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

Motion

In the specified not-guilty criminal cases, the Commonwealth Attorney must move for any contraband or forfeiture determination 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

Notice of submission

The notice of submission and record must be placed in the Judge's orders/judgments box in the Clerk's Office.

The notice of submission along with the record shall be placed in the Judge's orders/judgments box in the Clerk's Office.

CRITICAL

Must include

certificate of service

The required submission must include a certificate of service by the Circuit Court Clerk.

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

CRITICAL

Applies to

Order confirming sale

An order confirming the sale must be submitted to the Court.

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 agreement

Diversion may not exceed five years without the petitioner’s agreement and may not be shorter than the time needed to pay restitution in full.

Duration of the pretrial diversion shall not exceed five (5) years without agreement of the petitioner. Duration of the diversion agreement shall not be less than the time required to make restitution in full.

WARNING

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 states the basis for the order.

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.

WARNING

Applies to

Motion notice

Motions for shock probation or prerelease probation must not be noticed for a hearing and may be heard at the court's convenience or decided without a hearing.

Motions for shock probation or prerelease probation shall not be noticed for a hearing, but such motions shall be heard at the convenience of the court or the court may rule upon the motion without a hearing.

WARNING

Applies to

Default judgment motion

If the defaulting party 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

WARNING

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

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

Discovery motion

Motions for additional discovery must be specific rather than general, and broad discovery motions will be summarily overruled.

Any motions for additional discovery must be very specific and not general in nature. The Court will summarily overrule broad motions for discovery.

WARNING

Applies to

Pretrial diversion order

The diversion order may include other appropriate terms and conditions, including public service work or touring a facility.

Such other terms and conditions as the Court shall deem appropriate, including, but not limited to, public service work and touring of a facility.

INFO

Applies to

Written notification

An attorney who does not wish to receive warning-order-attorney or guardian-ad-litem 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.

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; no supporting motion or Motion Docket placement is necessary.

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.