Trigg County Circuit Court, Kentucky Document Filing Requirements

CRITICAL

Applies to

Trial setting motion

A motion to set a case for trial must not be brought under CR 78(2).

A motion to set a case for trial shall not be brought under CR 78(2).

CRITICAL

Applies to

Motion to submit

If either party requests restoration to a former name, the request must be in writing and filed in the record or attached to the Motion to Submit.

J. If either party has requested restoration to a former name, that request is in writing and was filed in the record or is attached with this Motion to Submit.

CRITICAL

Applies to

Petition

Petitions seeking protection under KRS Chapter 403 or 456 must use form AOC-275.1 and be accepted and filed with the court.

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.

CRITICAL

Applies to

Motion to submit

Must include

proposed order

A proposed Findings of Fact, Conclusions of Law, and Decree of Dissolution of Marriage must be submitted with the Motion to Submit.

L. A proposed Findings of Fact, Conclusions of Law, and Decree of Dissolution of Marriage is submitted with this Motion to Submit.

CRITICAL

Applies to

Motion to submit

The Court may order participation in education programs in proceedings involving minor children, and if attendance at the Parent Education Clinic is ordered, proof must accompany the Motion to Submit.

Consistent with FCRPP 6(4), where there are minor children in any dissolution or custody proceeding, the Court may order the parents or custodians and children to participate in a Parent’s Education Clinic and the children in a suitable education class. If ordered to attend the Parent Education Clinic, proof of attendance must be submitted with the Motion to Submit referred to above.

CRITICAL

Applies to

Motion

Each motion must include a brief statement of its grounds and citations to relied-upon authorities, either in the motion or a separate memorandum.

There shall be filed with each motion a brief statement of the grounds for it, with citations of authorities relied upon, which may be set forth in the body of the motion or separate memorandum.

CRITICAL

Applies to

Order of sale

Orders for sale must include the specified caption, property, judgment, default-party, and interest-holder information, subject to the stated conditions.

Orders for the sale of property shall contain: (a) a complete caption setting forth the names of all parties to be bound by the judicial sale. Abbreviations such as “etc.” or “et al” shall not be used; (b) a legal description of the property sought to be sold, together with the source of title of the present owner or owners; (c) the address of the property sought to be sold or, if it is true, a recitation of the fact that the property has no address, and any number(s) assigned to the property by the tax assessor such as the property identification number; (d) the dollar amount of the judgment on a day certain, together with the daily amount of accruing interest and contract rate of interest (if the order of sale is for the purpose of enforcing a judgment for money); (e) the names of all parties who are in default; and (f) a statement that a party has certified that all entities having an interest in the property including any entities holding a mortgage or lien against the property have been named in the action.

CRITICAL

Applies to

Motion to submit

The written hearing waiver signed by both parties must be filed or attached to the Motion to Submit.

I. The written waiver of the right to a hearing executed by both parties was filed with the Clerk on ____________________ or is attached with this Motion to Submit.

CRITICAL

Applies to

Motion requesting entry of status quo order

A Motion Requesting Entry of the Status Quo Order must state that the Respondent has ten days to object to entry.

The Motion must state that the Respondent has ten days to file an objection to entry of said Order.

CRITICAL

Applies to

Motion to submit attachment

The Motion to Submit attachment checklist records the parties' marriage and separation dates.

A. The parties were married on ___________________, and separated on ____________________.

CRITICALCriminal cases

Applies to

Pre trial diversion application

The application must include counsel's statement that the defendant waives speedy-trial or speedy-disposition rights, and the defendant must agree to that waiver.

In making application for pre-trial diversion, counsel for the Defendant shall state, and the Defendant shall agree, to waive any right to speedy trial or disposition of the charge against them

CRITICAL

Applies to

Motion to submit attachment

The checklist records the filing date of the preliminary disclosure and states that the final disclosure or affidavit is filed with the motion or waived under LR 702.

D. The Preliminary Verified Disclosure Statement AOC-238 was filed with the Clerk on _________________. The Final Verified Mandatory Case Disclosure AOC-239 or affidavit has been filed with this Motion to Submit pursuant to FRCPP 3(3)(b); or has been waived pursuant to LR 702.

CRITICAL

Applies to

Written discovery response

Written discovery responses must restate each interrogatory or request before the answer, and the party must subscribe and swear to the responses.

(b) In answering written interrogatories or discovery requests served on a party, each interrogatory or request shall be restated, followed by the answer and shall be subscribed and sworn by a party.

CRITICAL

Applies to

Motion

Motions other than default-judgment motions must be filed under CR 78(2) or specifically noticed for a scheduled Rule Day or arranged date, or they may be considered defective and void.

Motions, other than for Default Judgments, shall be filed under CR 78(2) or specifically noticed for a scheduled Rule Day or arranged date. Motions which are not in compliance with one of these provisions may be considered defective and void.

CRITICAL

Applies to

Response

A response to a motion must be in the same form as the required motion statement, including the grounds and supporting-authority citations.

The response to any motion shall be in similar form

CRITICAL

Applies to

Motion to submit

In default cases, the moving party must comply with FRCPP 3(2) in the Motion to Submit.

In all default cases, the moving party will comply with FRCPP 3(2) in the Motion to Submit.

CRITICAL

Applies to

Motion to submit attachment

The Motion to Submit attachment provides the checklist information and certifies its accuracy under penalty of perjury.

The undersigned provides the following information in compliance with FCRPP 3(1) and certifies that the information is true and correct under penalty of perjury:

CRITICAL

Applies to

Cr 78 2 motion

A CR 78(2) motion must identify itself as filed under that rule and notify opposing counsel of the possibility of routine grant ten days after filing unless an objection or response is filed.

The movant, in the Notice, Certificate of Service, or elsewhere in the motion, shall state that the motion is made under CR 78(2) and shall direct the opposing attorney's attention to the fact that under this local rule, the motion may be granted routinely by the Court ten (10) days after filing, unless an objection is received or a response filed.

CRITICALCriminal cases

Applies to

Pre trial diversion application

Every pre-trial diversion application must notice a hearing.

Every application for pre-trial diversion shall notice the application for hearing with service upon the Commonwealth Attorney

CRITICAL

Applies to

Default judgment motion

Each motion for default judgment must include a certificate or verification addressing the specified service, balance, and defendant-status matters.

All motions for Default Judgment shall comply with CR 55.01 and shall be accompanied by an appropriate certificate or verification that: (a) no papers have been served on Plaintiff’s counsel by the Defendant in default; (b) the date of service and type of service upon the Defendant(s); (c) the balance due on the obligation; and (d) a statement that to counsel’s knowledge, no defaulting Defendant is currently a member of the Armed Services or under any legal disability.

CRITICAL

Applies to

Motion to submit attachment

The Motion to Submit attachment checklist records when the Petition for Dissolution was filed.

B. The Petition for Dissolution was filed ___________________.

CRITICAL

Applies to

Motion to submit

In dissolution actions, a Motion to Submit must include a checklist and certification attachment in Form 2 or a similar document.

In order to comply with FCRPP 3(1) in dissolution actions an attachment to Motion to Submit with a checklist and certification must also be filed (Form 2 in Appendix 2 of these rules or other similar document).

CRITICAL

When the circumstances make it necessary or desirable for a party to prepare one of the listed sale documents, that party or attorney must coordinate its preparation with the Master Commissioner.

When the facts of a particular case render it necessary or desirable that a party prepare any of these documents, that party or attorney shall coordinate the preparation with the Master Commissioner.

CRITICALCriminal cases

Applies to

Commonwealth attorney response

The Commonwealth Attorney must respond in writing and of record, and may object, agree to the proposed diversion and conditions, or propose additional or modified conditions.

Upon application to the Court and the Commonwealth Attorney for entry to the Pre-Trial Diversion Program, the Commonwealth Attorney shall respond in writing and of record . In his response in writing, the Commonwealth Attorney may object to any pre-trial diversion, agree to the pre-trial diversion and the conditions submitted by Defendant's attorney, or propose additional conditions or modification to the application filed by the Defendant

CRITICAL

Applies to

Pleading

Pleadings must provide the personal identifying information required by KRS Chapters 205, 403, 405, and 407.

All pleadings must comply with the requirements of KRS Chapters 205, 403, 405, and 407 by providing the personal identifying information required in those chapters.

CRITICAL

Applies to

Motion to submit attachment

The Motion to Submit attachment checklist records the date the Respondent was served or filed an entry of appearance and waiver.

C. The Respondent was served on or filed an entry of appearance and waiver on __________________.

CRITICAL

Applies to

Discovery motion

A discovery motion must include or have appended a counsel’s certificate confirming the required efforts to resolve the dispute.

No motions pertaining to discovery shall be made to the Court unless there is appended to such motion or contained within it a certificate of counsel that he/she has conferred or corresponded with opposing counsel, that they are unable to reconcile their differences, and that counsel has otherwise exhausted reasonable extrajudicial means in an effort to resolve discovery differences.

CRITICAL

Applies to

Motion to submit

The Motion to Submit certifies that the information in its attachment is true and correct.

The undersigned certifies that the information contained on the attachment is true and correct.

CRITICAL

Applies to

Motion or memorandum

Must include

proposed order

Each motion, supporting memorandum, and memorandum in opposition must be accompanied by a separate proposed order addressing the requested relief or denying the motion.

Every motion or supporting memorandum or memorandum in opposition thereto shall be accompanied by a tendered separate proposed order granting the requested relief or denying the motion, as the case may be.

CRITICAL

Applies to

Final verified disclosure statement

If property matters are disputed at trial, the parties must file an AOC-239 no later than five days before trial, or may file an affidavit of no changed circumstances if an AOC-238 was filed.

No later than five (5) days prior to the trial, the parties shall file an AOC-239, Final Verified Disclosure Statement, in the record if property matters are in dispute at that trial; or the parties may file an affidavit that there are no changes in circumstances since the completion of the AOC-238, Preliminary Verified Disclosure Statement, if filed.

CRITICAL

Applies to

Motion to submit

If the marriage has minor children, a Child Support Worksheet and Uniform Child Support Order must be submitted with the Motion to Submit.

K. If there are minor children of this marriage, a Child Support Worksheet and a Uniform Child Support Order (AOC- 152) are submitted with this Motion to Submit.

CRITICAL

Applies to

Motion to submit attachment

G. The written Deposition or Affidavit, executed under oath, by either party setting forth the testimony required at a hearing as required by KRS 403.025(irretrievable breakdown and residency) as well as confirmation that the parties have lived apart for in excess of sixty (60) days and that there has been no material change in circumstances of the parties since the filing of this action or since taking any proof in this action, was filed in the record on ___________________ or is attached with this Motion to Submit.

G. The written Deposition or Affidavit, executed under oath, by either party setting forth the testimony required at a hearing as required by KRS 403.025(irretrievable breakdown and residency) as well as confirmation that the parties have lived apart for in excess of sixty (60) days and that there has been no material change in circumstances of the parties since the filing of this action or since taking any proof in this action, was filed in the record on ___________________ or is attached with this Motion to Submit.

CRITICAL

Applies to

Purchaser bond

A purchaser's required bond must be filed with the Commissioner's Report of Sale, but a creditor purchasing to enforce its mortgage or lien need not post a bond unless the order directs otherwise.

If a bond is required of the purchaser, the bond shall be filed along with the Commissioner's Report of Sale. Unless the Court otherwise directs in the Order of Sale, no bond shall be required of a purchasing creditor seeking to enforce its mortgage or lien on the property.

CRITICAL

Applies to

Notice of service

Discovery answers and compliance need not be filed with the Court; instead, a Notice of Service must be filed in the record under the applicable Civil Rule.

(d) Answers and compliance with discovery requests need not be filed with the Court. Instead, a Notice of Service under the applicable Civil Rule shall be filed in the record.

CRITICAL

Applies to

Motion to submit attachment

If there are minor children, the checklist states that sixty days have elapsed from the earliest of the listed service or filing events.

H. If there are minor children, sixty (60) days have elapsed from the date of service of summons, the appointment of a Warning Order Attorney, or the filing of the entry of appearance or responsive pleading by Respondent, whichever occurred first (KRS 403.044).

CRITICAL

Applies to

Motion to submit attachment

The checklist states whether the parties have minor children and, if they do and are ordered to attend a required class, records that completion certificates were filed or attached to the motion.

E. The parties do/do not (circle one) have minor children of this marriage. If they do and the parties are ordered to attend divorce education/parenting class/kids time class,, then copies of certificates of completion of the class as required by LR 708 were filed in the record on __________________ or are attached with this Motion to Submit.

CRITICAL

Applies to

Motion to submit attachment

If there is a Separation Agreement or Property Settlement Agreement, the checklist records that it was filed or attached to the motion.

F. The Separation Agreement/Property Settlement Agreement, if any, acknowledging the agreement between the parties was filed in the record on ___________________ or is attached with this Motion to Submit.

WARNING

Applies to

Uncontested hearing submission

Uncontested matters may be submitted for the next regular Rule Day or under the 10-day rule using a Notice of Submission or Motion to Submit, in Form 1 or a similar document.

Uncontested hearings for dissolution of marriage, annulments, or legal separations, may be submitted for the next regular Rule Day or under LR 204(10) (10-day rule) with either a Notice of Submission or Motion to Submit so that the circuit clerk will calendar the case and bring it to the Court’s attention (Form 1 in Appendix 2 of these rules or similar document).

WARNING

Applies to

Order of sale

Orders of sale must not specify sale dates or designate the auctioneer or appraisers, although a known basis to disqualify an auctioneer or appraiser may be included.

Orders of sale shall not contain: (a) specific dates on which the sale is to be conducted; or (b) designations of the auctioneer or appraisers to be used by the Master Commissioner, provided, however, if a party knows of any reason that an auctioneer or appraiser should be disqualified to serve in a particular case, such disqualification may be made a part of the order of sale.

WARNING

Applies to

Dissolution petition

In the 56th Judicial Circuit, if the initial appearance may be at least 30 days after filing a dissolution action, a Status Quo Order may be filed with the Petition upon a Motion Requesting Entry of the AOC 237.

However, in the 56th Judicial Circuit, if the initial court appearance may not occur for thirty (30) days or more after the initial filing of an action for Dissolution of Marriage, upon Motion Requesting Entry of the AOC 237, a Status Quo Order, may be filed with the Petition.

WARNING

Applies to

Final verified mandatory case disclosure

In appropriate cases with no change from the AOC-238, counsel may certify that fact or a party may swear or affirm it, and that document may substitute for the final disclosure.

In appropriate cases, where there has been no change from the Preliminary Mandatory Disclosure Statement, AOC-238, the fact can be so certified by counsel or sworn or affirmed by a party and that document may be used as a substitute Final Verified Mandatory Case Disclosure.

WARNING

Applies to

Notice of case management conference

The CMC will be scheduled upon filing a Notice, according to the county-specific schedule that follows.

The Case Management Conference (CMC) referred to in FCRPP 2(6)(b) and 40 will be scheduled upon filing of a Notice as follows:

WARNING

Applies to

Order of sale

An order of sale may include special sale conditions and directives about releasing liens or paying taxes, with specified recording and tax details required if those directives are included.

Orders of sale may contain: (a) special conditions of sale, for example, property to be sold on site; specific combinations of property containing multiple tracts; special advertising in addition to advertising required by statute; (b) a directive that the Master Commissioner execute releases of mortgages and liens foreclosed and extinguished by reason of the judicial sale. If the order of sale contains such directive, it shall also contain the book and page number where each lien to be released is recorded; and (c) a directive that the Master Commissioner pay all outstanding ad valorem taxes assessed against the property, provided that such directive also identifies the person or persons in whose name the property has been taxed, the year in which the tax is due, and the tax bill number.

WARNING

Applies to

Motion

Must include

proposed order

The preferred contempt procedure is to file a motion supported by a sufficient affidavit or verification and submit a tendered order.

The preferred procedure in securing a rule for contempt is as follows: (a) A motion shall be filed, asking for the rule, supported by a sufficient affidavit or verification of the motion showing the applicant is entitled to the relief. A tendered order shall also be submitted.

WARNING

Applies to

Deposition original

Deposition originals need not be filed; if they are not filed, the attorney who noticed the deposition must act as custodian of the record under CR 5.06.

(e) Originals of depositions need not be filed with the Court. If not filed, the attorney who noticed the taking of the deposition shall be the custodian of the record as set out in CR 5.06.

WARNING

Applies to

Order accompanying motion to withdraw

Counsel should include in the accompanying order a paragraph stating that the circuit clerk need not send the withdrawing attorney copies of later filings after the withdrawal order is entered.

In the order accompanying the motion, counsel should also include a paragraph that the circuit clerk need not send the withdrawing attorney a copy of any additional filings after entry of the order of withdrawal.

INFO

The Master Commissioner normally prepares the listed documents in connection with a judicial sale.

The Master Commissioner shall normally prepare the following documents in connection with any judicial sale: sale notice for advertising and posting; Commissioner's Report of Sale; Commissioner's Bill of Costs; Order of Confirmation; Order of Distribution; and Commissioner's Deed.

INFO

Applies to

Deposition transcript

If a motion refers to deposition testimony, a transcript or condensed transcript may be filed with the motion instead of the original.

If testimony from the deposition is referred to in any motion before the Court, then a transcript or condensed transcript may be filed with the motion in lieu of the original.

INFO

Applies to

Motion to withdraw

As a best practice, an attorney should file a motion to withdraw with notice to the client and a tendered order even after the matter has concluded.

Even after a matter has been concluded (such as a dissolution of marriage), best practice is for an attorney to file a Motion to Withdraw with Notice to the client and a tendered Order.