Todd County Circuit Court, Kentucky Document Filing Requirements

CRITICAL

Applies to

Default judgment

The Court will not enter a default judgment based on a summons containing the specified debt-collector language, or a tendered judgment containing such language.

Default Judgments will not be entered where the record indicates that the alleged default is based upon a "summons" containing language suggesting that it was issued by a debt collector or is itself an effort to collect a debt.! A tendered judgment will likewise not be entered where it contains such language.

CRITICAL

Applies to

Pretrial diversion application

A pretrial diversion application must state that the defendant agrees to waive any right to a speedy trial or disposition of the charges.

In applying for pretrial diversion, counsel for the defendant must state, and the defendant agree, to waive any right to a speedy trial or disposition of the charge(s) against him/her.

CRITICAL

Applies to

Motion

Except in cases of default, or routine motions for approval of fees for appointed counsel such as Warning Order Attorney or Guardian Ad Litem fees, all other motions should be noticed for a specific date and time for hearing or filed under CR 78(2). Outside of these exceptions, motions which are neither scheduled for hearing on a specific date nor filed under CR 78(2) may be considered defective and void.

Except in cases of default, or routine motions for approval of fees for appointed counsel such as Warning Order Attorney or Guardian Ad Litem fees, all other motions should be noticed for a specific date and time for hearing or filed under CR 78(2). Outside of these exceptions, motions which are neither scheduled for hearing on a specific date nor filed under CR 78(2) may be considered defective and void.

CRITICAL

Applies to

Summons

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

If reassignment or transfer occurs, the issuing judge shall re-issue a summons until the matter may be heard by

CRITICAL

Applies to

Protective order petition and order

After hours, the officer must follow the judicial officer’s instructions for faxing or delivering the completed petition and order form.

After office hours, the officer shall follow instructions given by the judicial officer in telefaxing or delivering the completed petition and order form to the judicial officer.

CRITICAL

Applies to

Pleadings motions and entry of appearance

Counsel must provide their office and mailing addresses, telephone and fax numbers, and email address on pleadings, motions, and entries of appearance.

On pleadings, motions and in their entry of appearance, counsel shall set forth their office address, mailing address, telephone number, fax number and e-mail address.

CRITICAL

Applies to

Certificate of completion

Each party must file the parent education clinic certificate of completion in the court record.

A certificate of completion shall be provided to each participant completing the clinic and it shall be the responsibility of each party to file in the court record the certificate.

CRITICAL

Applies to

Protective order petition

The reviewing judge must mark in the petition’s “Court Action” section whether the resulting case 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.

CRITICAL

Applies to

Entry of appearance

An entry of appearance covers all purposes unless counsel specifies otherwise; a limited-purpose appearance must specify the limited nature of the 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 of counsel's representation of the client.

CRITICAL

Applies to

Protective order petition

Protective-order petitions must be completed and signed on form AOC-275.1 and 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.

CRITICALCriminal cases

Applies to

Pretrial diversion application

In applying for pretrial diversion, defense counsel must state and the defendant must agree to waive speedy trial or disposition rights.

In applying for pretrial diversion, counsel for the defendant must state, and the defendant agree, to waive any right to a speedy trial or disposition of the charge(s) against him/her.

CRITICAL

Applies to

Entry of appearance

Counsel must file a written entry of appearance immediately upon retention unless the appearance is already apparent from the record.

Immediately upon being retained, counsel shall file a written entry of appearance, unless counsel's entry of appearance is apparent from the record.

CRITICAL

Applies to

Ex parte order

A tendered ex parte order for injunctive relief must also contain proposed findings of fact and conclusions of law.

Tendered ex parte orders for injunctive relief shall additionally contain proposed findings of fact and conclusions of law.

CRITICAL

Applies to

Notice of motion

A CR 78(2) notice must identify the rule and warn the opposing attorney or unrepresented party that the motion may be routinely granted ten days after filing unless a response is filed.

The notice must state that the motion is made under CR 78(2) and shall direct the attention of the opposing attorney (or party, if there is no attorney) to the fact that under this local rule the motion may be granted routinely by the Court ten days after filing unless a response is filed.

CRITICALCriminal cases

Applies to

Commonwealth recommendation

The Commonwealth's Attorney must make a recommendation to the Court in response to every petition.

The Commonwealth's Attorney shall make a recommendation to the Court in response to each petition.

CRITICAL

Applies to

Motion

Counsel must remain of record through the time to appeal after final judgment or order unless the Court relieves counsel upon written motion and notice.

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

CRITICAL

Applies to

Protective order petition

During regular business hours, when an action between the same parties is pending or contemporaneously filed in Circuit Court, the petition must be presented to the Circuit Judge, with specified alternatives if that judge is unavailable.

If any action between the same parties is pending or filed contemporaneously in the Circuit Court, the petition shall be presented to the Circuit Judge for consideration. If the Circuit Judge is unavailable, the clerk shall seek the consideration of the District Judge who shall schedule any further hearings for the Circuit Court on a motion day. If neither Judge is available, the clerk shall seek the consideration of the Trial Commissioner who shall schedule any further hearing for the Circuit Court on motion day.

CRITICAL

Applies to

Summons

When 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

Prosecutor recommendation

When recommending diversion, the prosecutor must submit written recommendations on diversion conditions and the sentence if the agreement is unsuccessful.

When diversion is recommended, the prosecutor 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

Applies to

Emergency or ex parte motion

Emergency or ex parte relief requires a bond with surety, an affidavit or sworn complaint establishing the specified violation and immediate irreparable harm, and the attorney's certification about notice efforts and why notice should not be required.

The civil rules pertaining to such matter (CR 65.01 through CR 65.05) require 1: bond with surety, 2: affidavit or sworn complaint stating that the applicant's rights are being or will be violated by the adverse party and the applicant will suffer immediate and irreparable injury, loss or damage before the adverse party or his attorney can be heard in opposition, 3: certification by the applicant's attorney concerning the efforts, if any, which have been made to give notice and the reason supporting claims that notice should not be required.

CRITICAL

Applies to

Order for relief

An order for relief must not require the petitioner to take affirmative action.

Pursuant to KRS 403.740 and KRS 456.060, any orders for relief issued directing or prohibiting any other actions that the court believes will be of assistance in eliminating future acts of domestic violence and abuse, dating violence and abuse, stalking, or sexual assault shall not order the petitioner to take any affirmative action.

CRITICAL

Applies to

Default judgment motion

A motion for default judgment must comply with FCRPP 3(2), if applicable, and include the specified military-service certification in addition to the certifications required by CR 55.01.

Motions for Default Judgment must be in compliance with FCRPP 3(2), if applicable, and 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.

CRITICAL

Applies to

Protective order petition

During regular business hours, when no proceeding between the same parties is pending or contemporaneously filed in Circuit Court, the petition must be presented to the District Judge, with specified alternatives if that judge is unavailable.

If no proceeding between the same parties is pending or filed contemporaneously in the Circuit Court, the petition shall be presented to the District Judge. If the District Judge is unavailable, the clerk shall seek the consideration of the Circuit Judge who shall schedule any further hearings for the domestic violence session of the District Court. If neither judge is available, the clerk shall seek the consideration of the Trial Commissioner who shall schedule any further hearing for the domestic violence session of the District Court.

CRITICAL

Applies to

Protective order petition

After regular business hours, the petition must be presented to the District Judge unless an action between the same people is pending in Circuit Court; the rule specifies alternatives if a judge is unavailable.

Upon receipt of a petition after regular business hours, the authorized agency/officer shall present the petition to the District Judge unless it is known that an action between the same persons is pending before the Circuit Court, in which case it shall be presented to the Circuit Judge. If the Circuit Judge is unavailable, it shall be presented to the District Judge. If the District Judge is unavailable then it shall be presented to the Circuit Judge. If both judges are unavailable, it shall be submitted to the Trial Commissioner.

CRITICALCriminal cases

Applies to

Written prosecutor recommendations

When recommending diversion, the prosecutor must submit written recommendations stating the diversion conditions and the appropriate sentence if the agreement is unsuccessful.

When diversion is recommended, the prosecutor 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

Applies to

Ex parte order

Every tendered ex parte order must provide blanks for the issuance date and hour, define the injury, and explain why it is irreparable and why the order was granted without notice.

Every tendered ex parte order shall contain blanks for the date and hour of issuance and shall define the injury and state why it is irreparable and why the order was granted without notice.

CRITICAL

Applies to

Notice of hearing

Counsel must file written notice pursuant to the Civil Rules.

Counsel must confer with opposing counsel concerning the date and time (see Code of Professional Courtesy attached as Appendix D) and file written notice pursuant to the Civil Rules.

CRITICAL

Applies to

Summons

When 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 juage.

WARNING

Applies to

Motion

Motions concerning matters counsel believes may not be contested may be submitted under CR 78(2) without oral hearings, using brief written statements of reasons in support and opposition.

Motions concerning matters which counsel believes may not be contested may be made under CR 78(2) without oral hearings upon brief written statements of reasons in support and opposition.

WARNING

Applies to

Divorce decree

divorce decrees shall comply with the requirements of FCRPP 3(1) and should confirm that the parties have attended the Parent Education Clinic if ordered to attend, that jurisdictional and separation requirements (60 days pursuant to KRS 403.170) have been met, and that the file contains the vital statistics form required by KRS 213.116(4).

divorce decrees shall comply with the requirements of FCRPP 3(1) and should confirm that the parties have attended the Parent Education Clinic if ordered to attend, that jurisdictional and separation requirements (60 days pursuant to KRS 403.170) have been met, and that the file contains the vital statistics form required by KRS 213.116(4).

INFO

Applies to

Protective order petition

A protective-order petition may be sworn before a police officer, notary public, either county’s County Attorney, or the Commonwealth Attorney.

Petitions for protective orders may be verified (sworn) before any police officer, notary public, the County Attorney of either county or the Commonwealth Attorney.

INFO

Applies to

Motion to show cause

Petitioners seeking contempt proceedings should contact the County Attorney for a determination, and motions to show cause for civil enforcement may be filed with the circuit clerk.

Petitioners seeking to initiate contempt proceedings should contact: The County Attorney for a determination of whether the Respondent's actions rise to the level of contempt or whether prosecution, for an offense other than a violation of the order of protection, is appropriate; however, all motions to show cause for civil enforcement may be filed with the circuit clerk.

CRITICAL

Applies to

Criminal record check

Before recommending on a petition, the Commonwealth's Attorney must obtain a criminal record check and provide a copy to the Court and Defendant.

1. Have a criminal record check made [Pretrial Services at AOC will fax the criminal history to the Commonwealth Attorney. Due to user agreement restrictions, NCIC reports cannot be faxed] and shall supply a copy to the Court and Defendant.