Taylor Circuit Court Document Filing Requirements

CRITICAL

Applies to

Petition

The judge reviewing a petition must indicate in its “Court Action” section whether it is a domestic violence action or an interpersonal protective order action.

B. 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.

CRITICALCriminal cases

Applies to

Affidavit of administrative discharge

If the team determines administrative discharge is appropriate, staff must complete an Affidavit of Administrative Discharge and provide it to the judge.

If the Mental Health Court team determines that administrative discharge is appropriate, the Mental Health Court staff shall complete an Affidavit of Administrative Discharge to provide to the Mental Health Court judge.

CRITICAL

Applies to

Judicial order request

A person seeking a judicial order for a child interview video must provide a written explanation identifying the requested portion and the specific purpose of the request.

An individual requesting a judicial order must provide the Judge a written explanation for the request which specifically indicates the portion of the video record being requested is an in-chamber interview with a child and specific purpose for the request.

CRITICALCriminal cases

Mental Health Court staff must file a copy of each listed document with the appropriate court clerk for the underlying criminal offense record.

Upon utilization of any of the following documents, a copy of such documents) shall be filed by the Mental Health Court staff with the appropriate court clerk for entry into the court record of the underlying criminal offense: a. Order referring to Mental Health Court; b. Notice of Eligibility; c. Order transferring to Mental Health Court; d. Affidavit of Violations; and e. Orders of Termination, graduation, or administrative discharge.

CRITICAL

Applies to

Default judgment motion

A motion for default judgment must include a certificate stating the amount due and a military affidavit; cases subject to the FCRPP must also comply with the specified FCRPP provisions.

All motions for default judgment must include a certificate of the amount due and a military affidavit. Cases subject to the FCRPP must also comply with the provisions of FCRPP, including specifically FCRPP 3(1)(a) (i) and 3(2), pertaining to relief requested without a hearing.

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

CRITICALCriminal cases

Applies to

Notice of termination

The circuit clerk must file the Notice of Termination in the official record.

The Notice of Termination shall be filed in the official record by the circuit clerk.

CRITICALCriminal cases

Applies to

Agreement of participation

Eligible defendants must be asked to sign the prescribed Agreement of Participation; refusing to sign makes them ineligible to participate.

If a defendant is determined to be eligible for assessment, Mental Health Court staff shall thoroughly explain Mental Health Court and the Agreement of Participation to the defendant and request that the defendant sign the Agreement of Participation on a form prescribed by the Mental Health Court, with or without the presence of the defendant's attorney. If a defendant refuses to sign the Agreement of Participation, Mental Health Court staff shall notify the referring judge by utilizing the Notice Eligibility form prescribed by the Mental Health Court. Refusal by the defendant to sign the Agreement of Participation shall render him or her ineligible to participate in Mental Health Court.

CRITICAL

Applies to

Petition

The petition’s “Court Action” section must indicate whether the resulting action is a domestic violence action or an interpersonal protective order action.

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.

CRITICALCriminal cases

Applies to

Notice of termination

The circuit court clerk must file the Notice of Termination in the office record.

The Notice of Termination shall be filed in the office record by the circuit court clerk, who shall serve notice of the Notice of Termination on the parties, their attorneys, and probation and parole.

CRITICALCriminal cases

Applies to

Notice of termination

The judge must sign the Notice of Termination on the prescribed form, with a copy of the Affidavit of Violations attached.

A Notice of Termination shall be signed by the Mental Health Court judge on a form prescribed by the Mental Health Court, and a copy of the Affidavit of Violations shall be attached.

CRITICALCriminal cases

Applies to

Written notice to referring judge

If a defendant is ineligible, Mental Health Court staff must notify the referring judge in writing using the court-prescribed form.

If a defendant is determined to be ineligible for Mental Health Court, Mental Health Court staff shall inform the referring judge in writing using the form prescribed by the Mental Health Court.

CRITICALCriminal cases

Applies to

Notice of termination

The circuit court clerk must file the Notice of Termination in the official record.

The Notice of Termination shall be filed in the official record by the circuit court clerk

CRITICALCriminal cases

Applies to

Termination documents

The circuit clerk must file the Notice of Termination and Affidavit of Violations in the official record.

The Notice of Termination and Affidavit of Violations shall be filed in the official record by the circuit clerk, who shall serve notice of the notice of termination on the parties, their attorneys, and probation and parole.

CRITICAL

Applies to

Expense affidavit

An affidavit detailing expenses paid by the adoptive parents must be submitted to the court for approval.

Has an affidavit detailing a list of expenses paid by the adoptive parents been submitted to the court for approval? KRS 199.590(6)

CRITICALCriminal cases

Applies to

Confidentiality agreement

Mental Health Court team members must sign a confidentiality agreement.

Due to the treatment component of Mental Health Court, team members shall sign a confidentiality agreement.

CRITICAL

Applies to

Mediation agreement

Any agreement reached during mediation must be put in writing and signed by the parties.

If an agreement is reached during the mediation conference, it shall be reduced to writing and signed by the parties.

CRITICAL

Applies to

Termination order

If parental rights have been terminated, certified copies of the termination order must be filed as required.

If yes, have certified copies of the termination order been filed as required? KRS 199.490(2)

CRITICALCriminal cases

Applies to

Written ineligibility notice

When a defendant is ineligible, staff must notify the referring judge in writing using the Mental Health Court’s prescribed form.

If a defendant is determined to be ineligible for Mental Health Court, Mental Health Court staff shall inform the referring judge in writing using the form prescribed by the Mental Health Court.

CRITICAL

Applies to

Motion and correspondence

Must include

case number

Motions and correspondence must include the case number, parties’ names, date, and motion type.

All motions and correspondence shall include the case number, the names of the parties, the date, and a designation of the type of motion.

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

CRITICAL

Applies to

Discovery motion

Must include

certificate of conference

The moving party must attach a certificate stating that counsel conferred and could not resolve the dispute; the certificate should detail counsel’s resolution efforts.

The moving have conferred and that they have been unable to resolve their differences. The party shall attach to the motion a certificate of counsel which states that counsel certification should detail the attempts of counsel to resolve the dispute.

CRITICALCriminal cases

Applies to

Confidentiality agreement

Mental Health Court team members must sign a confidentiality agreement.

Due to the treatment component of Mental Health Court, team members shall sign a confidentiality agreement.

CRITICALCriminal cases

Applies to

Agreement of participation

All potential Mental Health Court participants must sign a written Agreement of Participation before eligibility is determined.

"Agreement of Participation" means the written agreement required to be signed by all potential Mental Health Court participants prior to the determination of eligibility for Mental Health Court.

CRITICAL

Applies to

Order

After a ruling, counsel must tender an order that accurately states the ruling, and every order must include a distribution list with the service addresses of all persons entitled to notice of entry.

Upon Ruling by the Court, counsel shall tender an Order to the Judge for entry which accurately states the ruling. To facilitate notice of entry pursuant to CR 77.04, all Orders shall contain a Distribution list of all persons entitled to notice of entry and their address for service as set out in the following example.

CRITICAL

Applies to

Judgment of adoption

The Judgment of Adoption must include only the petitioners’ names and the child’s proposed adopted name, excluding the child’s former name and birth parents’ names.

Does the tendered Judgment only contain the names of child? KRS 199.520(1)* *Note: The child's former name or the names of the child's birth parents are not to be included in the Judgment of Adoption.

CRITICALCriminal cases

Applies to

Notice eligibility form

If a defendant refuses to sign the Agreement of Participation, staff must notify the referring judge using the court-prescribed Notice Eligibility form.

If a defendant refuses to sign the Agreement of Participation, Mental Health Court staff shall notify the referring judge by utilizing the Notice Eligibility form prescribed by the Mental Health Court.

CRITICALCriminal cases

Applies to

Notice of termination

The circuit clerk must file the Notice of Termination in the official record.

The Notice of Termination shall be filed in the official record by the circuit clerk.

CRITICALCriminal cases

Applies to

Affidavit of violations

If the judge agrees with a termination recommendation, Mental Health Court staff must file a written Affidavit of Violations on the prescribed form requesting termination.

If the Mental Health Court judge agrees with the recommendation of termination, Mental Health Court staff shall file a written Affidavit of Violations on a form prescribed by the Mental Health Court requesting the judge to terminate the participant from Mental Health Court.

CRITICALCriminal cases

Applies to

Termination documents

The circuit clerk must file the Notice of Termination and Affidavit of Violations in the official record and serve notice of termination on the parties, their attorneys, and probation and parole.

The Notice of Termination and Affidavit of Violations shall be filed in the official record by the circuit clerk, who shall serve notice of the notice of termination on the parties, their attorneys, and probation and parole.

CRITICALCriminal cases

Applies to

Agreement of participation

For an eligible defendant, staff must explain Mental Health Court and the Agreement of Participation and request the defendant’s signature on the court-prescribed form; the attorney may be present or absent.

If a defendant is determined to be eligible for assessment, Mental Health Court staff shall thoroughly explain Mental Health Court and the Agreement of Participation to the defendant and request that the defendant sign the Agreement of Participation on a form prescribed by the Mental Health Court, with or without the presence of the defendant's attorney.

CRITICAL

Applies to

Merits motion

A motion going to the merits must be accompanied by a memorandum stating its grounds and citing the authorities relied upon.

All motions which go to the merits of the case, including motions to dismiss, motions for summary judgment, motions to strike, and motions under CR 12.02, shall be accompanied by a brief memorandum of the grounds for the motion with citation of authorities relied upon, not greater than 25 pages in length.

CRITICALCriminal cases

Applies to

Assessment

After the defendant executes the Agreement of Participation, staff must complete the assessment using the court-prescribed form.

Upon execution of the Agreement of Participation by the defendant, Mental Health Court staff shall complete an assessment on a form prescribed by the Mental Health Court.

CRITICALCriminal cases

Applies to

Pretrial diversion application

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

In applying for pretrial diversion, counsel for the defendant must state, and the defendant must agree on the record, that 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

Consent form

A notarized consent form must be filed by the identified parents unless an applicable consent exception applies.

Has a notarized consent form been filed? KRS 199.500* *Filed by living parents (married), mother and father if established. _Yes If notarized consent has not been filed, do any of the exceptions to consent apply? KRS 199.500(1) (a)-(d) or KRS 199.502

CRITICALCriminal cases

Applies to

Affidavit of violations

If the judge agrees with the termination recommendation, staff must file a written Affidavit of Violations on the prescribed form requesting termination.

If the Mental Health Court judge agrees with the recommendation of termination, Mental Health Court staff shall file a written Affidavit of Violations on a form prescribed by the Mental Health Court requesting the judge to terminate the participant from Mental Health Court.

CRITICALCriminal cases

Applies to

Assessment and eligibility submission

Staff must complete and submit the assessment, Notice of Eligibility form, and other pertinent information to the Mental Health Court team before the defendant’s next scheduled court appearance.

The assessment, the Notice of Eligibility form, and any other pertinent information regarding the defendant shall be completed and submitted to the Mental Health Court team prior to the defendant's next scheduled court appearance.

CRITICAL

Applies to

Adoption final hearing motion

Before filing a motion for a final adoption hearing, counsel must review Exhibit A and certify the specified information about the parties and parental consent or termination.

Prior to filing a motion for a final hearing for entry of a decree of adoption, counsel shall review the Checklist attached as Exhibit A to these rules and certify the following: The date and method by which all necessary parties were brought before the court, and the date of the voluntary consent of each parent, the certified order terminating parental rights, or an affidavit establishing an exception under KRS 199.500(1) (a)-(d) or 199.502.

CRITICAL

Applies to

Proposed scheduling order

A party seeking a civil jury trial date must confer with other counsel, tender a proposed scheduling order, exchange witness lists, and file the Rule 702 pretrial memoranda before the conference date in the proposed order.

A party desiring assignment of a civil jury trial date shall confer with all other exchange witness lists, and file the pretrial memoranda set out in Rule 702 prior counsel and tender a proposed scheduling order to complete discovery, C. to a Pretrial Conference date set out in the proposed order.

CRITICALCriminal cases

Applies to

Order transferring case to mental health court

After admission and the defendant’s acceptance, the referring judge must complete an order transferring the case to Mental Health Court.

Upon a determination of admission to Mental Health Court, and upon the defendant's acceptance of the offer to enter Mental Health Court, the referring judge shall complete an order transferring the case to Mental Health Court.

CRITICALCriminal cases

Applies to

Written referral order

Mental Health Court staff determine assessment eligibility after receiving a judge’s written referral order.

Upon receipt of a written order of referral from a judge, Mental Health Court staff shall determine whether a person is eligible for assessment using the following criteria.

CRITICALCriminal cases

Applies to

Notice of termination

The circuit court clerk must file the Notice of Termination in the official record.

The Notice of Termination shall be filed in the official record by the circuit court clerk

CRITICALCriminal cases

Applies to

Notice of termination

If the judge agrees with the accommodation, the judge must complete a Notice of Termination by administrative discharge using the Mental Health Court’s prescribed form.

the Mental Health Court judge shall complete a Notice of Termination by administrative discharge on a form prescribed by the Mental Health Court

CRITICAL

Applies to

Pretrial statement

Pretrial compliance statements must list and copy trial exhibits, address how unattached exhibits will be available for inspection, identify potential witnesses and specified expert information, state the parties' claims and defenses and legal theories, and identify issues of fact and law.

Provisions: Prior to the pre-trial conference, all parties shall file pre-trial 1. feasible, shall be attached to the pre-trial statement. All exhibits which All exhibits which may be used at trial shall be listed and copied, and if inspection by opposing counsel at a convenient location designated in the cannot be attached to the pre-trial statement shall be made available for pre-trial statement; 2. listed, along with their addresses and telephone numbers. Also, as to All witnesses and expert witnesses who may be used at trial shall be shall state the subject matter on which the expert is expected to testify each expert witness who has not been deposed, the pre-trial statement expert is expected to testify and a summary of the grounds for each and shall state the substance of the facts and opinions to which the A statement of the claim or claims of plaintiffs, including legal theories; opinion; including legal theories; A statement of the defenses or claims of defendants, or third parties, Issues of fact to be litigated;

CRITICAL

Applies to

Pleading motion or other filing

Must include

case number

Every paper filed by counsel or a party must include the case number and the signer's typed or printed name, address, telephone number, and email address.

Every pleading, motion, and any other paper filed in the record by counsel or party shall contain the case number, typed or printed name, address, telephone number and e-mail address of the attorney or party signing the paper.

CRITICALCriminal cases

Applies to

Notice of termination

The judge must sign the Notice of Termination on the prescribed form, with a copy of the Affidavit of Violations attached.

A Notice of Termination shall be signed by the Mental Health Court judge on a form prescribed by the Mental Health Court, and a copy of the Affidavit of Violations shall be attached.

CRITICAL

Applies to

Mediator report

The mediator must report to the court whether mediation did not occur, was not completed, or was completed with or without an agreement on any or all issues.

The mediator shall report to the court that the mediation has not occurred, has not been completed, or that the mediation has been completed with or without an agreement on any or all issues.

CRITICALCriminal cases

Applies to

Affidavit of administrative discharge

If the team determines administrative discharge is appropriate, staff must complete an Affidavit of Administrative Discharge for the judge.

If a Mental Health Court participant cannot complete Mental Health Court, through no fault of his/her own, he/she may be administratively discharged. If the Mental Health Court team determines that administrative discharge is appropriate, the Mental Health Court staff shall complete an Affidavit of Administrative Discharge to provide to the Mental Health Court judge.

CRITICALCriminal cases

Applies to

Mental health court documents

Mental Health Court staff must file a copy of each listed document with the appropriate clerk for entry in the underlying criminal case record.

Upon utilization of any of the following documents, a copy of such documents) shall be filed by the Mental Health Court staff with the appropriate court clerk for entry into the court record of the underlying criminal offense: a. Order referring to Mental Health Court; b. Notice of Eligibility; c. Order transferring to Mental Health Court; d. Affidavit of Violations; and e. Orders of Termination, graduation, or administrative discharge.

CRITICALCriminal cases

Applies to

Notice of eligibility

After completing the assessment, staff must complete the court-prescribed Notice of Eligibility form.

After completing the assessment, Mental Health Court staff shall complete a Notice of Eligibility form on a form prescribed by the Mental Health Court.