Taylor Circuit Court Document Filing Requirements

CRITICAL

Applies to

Pretrial statement

Parties claiming damages must itemize the claimed damages and identify those calculable from objective data.

All parties making claims for damages shall itemize their claimed damages, and shall specify those damages which can be calculated from objective data.

CRITICAL

Applies to

Appeal

counsel to prepare and file the following: Notice of appeal pursuant to RCr 12.04, Order directing preparation of transcript, and/or Motion, affidavit, and order for leave to appeal in forma pauperis, 4. Order substituting the public defender's office as counsel on appeal.

counsel to prepare and file the following: Notice of appeal pursuant to RCr 12.04, Order directing preparation of transcript, and/or Motion, affidavit, and order for leave to appeal in forma pauperis, 4. Order substituting the public defender's office as counsel on appeal.

CRITICAL

Applies to

Order terminating parental rights

Every order terminating parental rights must include a scheduling order for the 90-day and first annual case reviews.

Every order terminating parental rights shall include a scheduling order for the 90 day and first annual review of the case pursuant to FCRPP 36.

CRITICALCriminal cases

Applies to

Order of diversion

The diversion order must address restitution if applicable, supervision and fees if applicable, duration, compliance with Probation & Parole rules, and the defendant’s obligation not to offend and to comply with specified conditions.

The Order of Diversion shall include : 1. Restitution, if applicable . 2. Whether the diversion shall be supervised or unsupervised (and include supervision fees, if applicable). 3. Duration of the diversion. 4. Require defendant to obey all rules and regulations imposed by Probation & Parole . 5. As required by KRS 533 .030(1), 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

Adoption motion

The adoption motion must state whether a guardian ad litem was appointed and the filing dates of the guardian ad litem and Cabinet reports.

The motion shall state whether a guardian ad litem was appointed, the date the guardian ad litem report was filed, and the date the Cabinet for Health and Family Services report pertaining to the case was filed.

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 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.

CRITICAL

Applies to

Pleading and legal paper

Must include

caption

Pleadings and legal papers in civil and criminal cases must use the prescribed heading at the beginning and center of the first page.

the beginning and center of the first page as follows: The heading of all pleadings and legal papers in all civil and criminal cases shall COMMONWEALTH OF KENTUCKY 11TH JUDICIAL CIRCUIT CIRCUIT COURT CASE NO. _ DIVISION I [or]

CRITICALCriminal cases

Applies to

Transfer order

After admission is determined and the defendant accepts the offer, 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

Notice of termination

If the judge agrees to the accommodation, the judge must complete the prescribed Notice of Termination form and refer the case back to the appropriate circuit or district.

If the Mental Health Court judge agrees with the accommodation, the Mental Health Court judge shall complete a Notice of Termination by administrative discharge on a form prescribed by the Mental Health Court and refer the case back to the appropriate circuit or district.

CRITICAL

Applies to

Opposition

A party properly served with a motion and supporting memorandum must file an opposing memorandum citing supporting authorities.

Any party properly served with a motion accompanied by a memorandum of grounds and authorities shall file a response containing a memorandum of grounds opposing the motion, with citation of supporting authorities, not greater than 25 pages in length.

CRITICALCriminal 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) .

CRITICALCriminal cases

Applies to

Notice of termination

The circuit court clerk must file the Notice of Termination in the office record and serve notice on the parties, their attorneys, and probation and parole.

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

Agreement of participation

All potential Mental Health Court participants must sign the 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

Adoption submission

The petitioner must tender proposed findings of fact and conclusions of law and a separate judgment of adoption.

Has the petitioner tendered a proposed Findings of Fact and Conclusions of Law, and a separate Judgment of Adoption?

CRITICAL

Applies to

Written instructions

Except for good cause shown, before a case is heard at the pre-trial conference, the parties shall: Submit written instructions incorporating the parties' understanding of the issues and the law;

Except for good cause shown, before a case is heard at the pre-trial conference, the parties shall: Submit written instructions incorporating the parties' understanding of the issues and the law;

CRITICAL

Applies to

Petition

The adoption petition must contain the listed information, and must allege when any of that information is unknown.

Does the petition contain the necessary information? KRS 199.490 • Name, date/place of birth, residence, mailing address (if known) of child. Name, date/place of birth, residence, mailing address of petitioner; if married, date and place of marriage. Relationship, if any, of child to each petitioner. Full name by which child shall be known after adoption. Description of property, if any, of child as far as it is known to petitioner. • Names of parents, address of each living parent if known. Name of father born out of wedlock not given if certified TPR orders are filed. • Name and address of child's guardian, or of the cabinet/other agency/individual with custody. • Further facts necessary for location of person whose consent to adoption is required or whom KRS 199.480 requires be made a party. • If any of the above is unknown, the lack of knowledge shall be alleged.

CRITICALCriminal cases

Applies to

Commonwealth recommendation

When recommending diversion, the Commonwealth must submit written recommendations on the diversion conditions and the appropriate sentence, although the source text ends before completing the sentence.

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

CRITICAL

Applies to

Guardian ad litem report

If a GAL has been appointed, the GAL’s report must be filed as required.

If yes, has the GAL filed their report as required? KRS 199.516

CRITICALCriminal cases

Applies to

Assessment and notice of eligibility

After the defendant executes the Agreement of Participation, staff must complete the prescribed assessment and Notice of Eligibility forms and submit them, along with other pertinent information, to the Mental Health Court team before the next scheduled appearance.

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

Pretrial order

If no pretrial order is entered at the conference, attorneys must prepare and submit one incorporating the court's rulings, party agreements or stipulations, and court-designated matters within ten days after the conference.

If a pre-trial order is not entered at the time of the Pre-Trial Conference, the attorneys shall be responsible for preparation and submission of a pretrial order, incorporating the Court's ruling, agreements or stipulations of the parties, and any matter designated by the Court, not later than ten days following the pre-trial conference.

WARNINGCriminal cases

Applies to

Notice of termination

A Notice of Termination may 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.

A Notice of Termination may 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.

WARNING

Applies to

Pleading motion or other filing

A rubber stamp does not qualify as a signature under this rule or CR 11.

A rubber stamp shall not be deemed a signature either under this Rule or CR 11.

INFO

Applies to

Mediator report

With the parties’ consent, the mediator may identify matters that could facilitate settlement if resolved or completed.

With the consent of the parties, the mediator may also identify those matters which, if resolved or completed, would facilitate the possibility of a settlement.

INFOCriminal cases

Applies to

Order of diversion

A diversion order may include the listed additional conditions; they are permitted, not mandatory.

The Order of Diversion may include : 1. That the petitioner remain drug and alcohol free and be subject to random testing. 2. That the petitioner have no violation of the Penal Code or the Controlled Substances Act. 3. That the petitioner possess no firearm or any other deadly weapon. 4. That the petitioner make a payment to a local community program as allowed by statute and deemed appropriate by the Court. 5. That the petitioner forfeit certain assets to the appropriate governmental agency as allowed by statute if it is deemed appropriate by the Court .

INFO

Applies to

Trial brief

The Court may require a trial brief summarizing the facts and law on which the parties will rely and set its filing time in the pretrial order.

the pre-trial a short memorandum of the facts and law on which they will rely, and fix the time conference. The Court may require the parties to submit a trial brief consisting of for filing such briefs in the pre-trial order.

INFOCriminal cases

Applies to

Affidavit of violations

For a participant who has absconded for at least ten working days, staff may complete an Affidavit of Violations on the prescribed form.

In the case of a participant who has absconded for a period of at least ten working days, Mental Health Court staff may complete an Affidavit of Violations on a form prescribed by the Mental Health Court.

INFO

Applies to

Notice of filing verified disclosure forms

A party may file a notice confirming delivery of a verified disclosure form without attaching the form.

Notice of Filing of Verified Disclosure Forms may be filed to establish in the record that the disclosure form has been delivered to the other party without attaching the actual disclosure form to protect the privacy of the parties.

CRITICAL

The adoption motion must be accompanied by proposed findings of fact and conclusions of law and a separate Judgment of Adoption.

A copy of the proposed findings of fact and conclusions of law and a separate Judgment of Adoption shall accompany the motion.