Trimble County Circuit Court, Kentucky Document Filing Requirements

CRITICAL

Applies to

Pretrial memorandum

Issues omitted from the Pretrial Memorandum will not be heard unless good cause is shown.

3. Issues not identified in the Pretrial Memorandum shall not be heard except upon good cause shown.

CRITICAL

Applies to

Affidavit

A party electing to pay delinquent taxes directly must provide the Court with an affidavit listing the specified tax and lien information and attach proof of payoff.

(e) A party taking credit against its judgment pursuant to 8.4(d), may elect to pay the delinquent taxes directly to any tax authorities and tax lien holders. If such election is made under this provision, the party shall provide an affidavit to the Court with service upon the Commissioner's Office, listing all delinquent taxing authorities and lien holders; amount owing; tax year; and that all delinquent taxing authorities and tax lien holders have been paid and attach proof of the delinquent tax payoff.

CRITICAL

Applies to

Complaint and judgment and order of sale

If the property includes a mobile home or other titled structure, the Complaint and Judgment and Order of Sale must identify it and state its identifying details and relationship to the real estate.

(a) If a mobile home, or other structure requiring a certificate of title is located on the property, it shall be noted in the Complaint and Judgment and Order of Sale along with the year, make, model and VIN of said mobile home. It shall be stated whether the mobile home or other structure is a part of or affixed to the real estate or titled separately.

CRITICAL

Applies to

Notice of appearance

Upon retention, counsel must file a written entry of appearance unless the appearance is apparent from filed pleadings.

Entry of Appearance: In all cases, upon being retained, counsel shall file a written entry of appearance, unless counsel's entry of appearance is apparent from pleadings filed.

CRITICAL

Applies to

Mediation agreement

A mediation agreement must be written and signed by the parties and their counsel; the parties draft it, though the mediator may assist if asked.

If an agreement is reached during the mediation conference, it shall be reduced to writing and signed by the parties and their counsel. The parties shall be responsible for the drafting of the agreement, although the mediator may assist in the drafting of the agreement at the request of the parties.

CRITICAL

Applies to

Appearances waivers agreements

Unrepresented parties must sign and acknowledge Appearances, Waivers, and Agreements before a notary or deputy clerk.

Unrepresented parties must sign and acknowledge Appearances, Waivers, and Agreements before a notary or deputy clerk.

CRITICAL

Applies to

Motion

After the statutory periods are met, petitioner's counsel must file a motion on the regular DNA docket and give notice to all necessary parties.

After the statutory time periods have been met, counsel for the petitioner(s), shall a file a motion, with notice to all necessary parties, on the Court's regular DNA docket.

CRITICAL

Applies to

Pretrial submissions

The pretrial submissions must include a court-form memorandum outlining disputed issues, a witness list, and an exhibit list.

a. A pretrial memorandum on the form supplied by the Court outlining all issues in dispute to be tried; b. A list of all witnesses that may be called to testify; and c. A list of all exhibits that may be introduced.

CRITICAL

Applies to

Amended complaint

If an unmentioned mobile home is identified, the sale cannot proceed until the issue is addressed by amended complaint or further court order.

(c) In the event the "appraisal" report indicates the presence of a mobile home not mentioned in the Complaint, or the matter comes to the attention of the Master Commissioner, the Master Commissioner shall notify the Plaintiff or other party moving for sale and shall not proceed with the sale until the issue has been addressed by Amended Complaint or further Order of the Court.

CRITICAL

Counsel must remain of record through the notice-of-appeal period unless relieved by the Court on written motion and notice; the Court may permit an oral withdrawal motion for good cause if the litigant's interests are not adversely affected.

Withdrawal: Once having entered appearance, counsel shall remain of record, unless relieved of responsibilities by the Court upon written motion and notice (with copy of said motion served upon the client), until expiration of the time for filing a notice of appeal after the entry of a final judgment or order. For good cause shown, the Court may permit oral motions to withdraw so long as the interests of the litigant are not adversely affected.

CRITICAL

Applies to

Petition

Petitions must comply with FCRPP 19 and contain the contents of the official AOC-DNA-1 petition form.

All petitions shall be filed in accordance with FCRPP 19 and shall contain the contents of the official AOC form, AOC-DNA-1, Dependency, Neglect or Abuse Petition, which is available for use in compliance with this rule.

CRITICAL

Applies to

Entry and appearance

An Entry and Appearance must not be signed before the petition is filed.

No Entry and Appearance shall be signed prior to filing of a petition.

CRITICAL

Applies to

Final hearing

A final hearing date cannot be assigned until the GAL report and the Cabinet or other agency report are filed in the record.

Pursuant to KRS 199.515, no adoption proceeding shall be assigned a final hearing date until the report of the GAL, and the report of the Cabinet, or other agency, is filed in the record.

CRITICAL

Applies to

Dissolution petition

Each dissolution petition must be filed with a Case Data Information Sheet and a Vital Statistics VS-300 form.

A Case Data Information Sheet, Form AOC-FC-3, and a Vital Statistics VS-300 form shall be filed with any dissolution petition.

CRITICAL

Applies to

Motion

Plaintiff's counsel must file an Affidavit of Military Service with the motion for each constructively served defendant.

(b) Plaintiff's Counsel shall file with the Motion an Affidavit of Military Service for each constructively served Defendant.

CRITICAL

Applies to

Motion

A motion must be accompanied by notice stating the hearing date and the date notice was given to opposing counsel; otherwise, it will be summarily overruled absent good cause.

Any motion not accompanied by notice of the date for the hearing and date of notice to opposing counsel shall be summarily overruled except for good cause shown.

CRITICAL

Applies to

Paternity case file access request

An attorney seeking access to a paternity file for representation must submit a signed written request stating the reason, or may use a party’s notarized release; the Clerk grants access after a judge signs an authorizing order.

A. An attorney seeking permission to review and/or copy a paternity case file for reasons relating to representation of a party in that action, shall submit a written and signed statement to the Clerk of the Court requesting permission to inspect said Court file and outlining his/her reason for that request. In the alternative, a party to a paternity action may sign a notarized release authorizing an attorney to review and/or copy his/her paternity case file. After review and signature of a Court Order by the Judge authorizing access to the file, the Clerk shall grant the attorney access.

CRITICAL

Applies to

Default judgment motion

A motion for default judgment must include a Military Affidavit with an affirmative statement about military service that complies with the Service Members' Civil Relief Act.

Affirmative statements as to military service which complies with the Service Members' Civil Relief Act, 50 U.S.C. App 501, et seq. are required as Military Affidavits in Motions for Default Judgment.

CRITICAL

Applies to

Motion

A motion must include notice of its hearing date or it will be summarily overruled, unless good cause is shown.

Any motion not accompanied by notice of date for hearing shall be summarily overruled except for good cause shown.

CRITICAL

Applies to

Appraisal

Before a sale, the appraisal must be made by two qualified disinterested persons and be in writing and signed.

(f) Before any real property is sold under a Judgment and Order of Sale, the appraisal value shall be determined by two disinterested persons both of whom are actively engaged in or have had at least one year of experience in the field of real estate. In accordance with KRS 426.520(2) the appraisal shall be in writing, shall be signed by the persons making it, and shall be filed in the court record prior to sale.

CRITICAL

Applies to

Motion for appointment of guardian ad litem

Must include

proposed order

In termination actions requiring a guardian ad litem, a pro se party or counsel must move for appointment and tender an order for the child's appointment.

In all actions for Termination of Parental Rights that require the appointment of a guardian ad litem, a party pro se or counsel shall make a motion and tender an order for appointment of a guardian ad litem for the child(ren).

CRITICAL

Applies to

Motion for order of distribution

The party who sought judgment and an order of sale must prepare motions for proposed Orders of Distribution.

(a) All motions for proposed "Orders of Distribution" shall be prepared by the party who sought judgment and order of sale.

CRITICAL

Applies to

Order of distribution

If funds will be disbursed to a taxing authority or tax lien holder, the proposed Order of Distribution must identify them and the outstanding tax bill number and year.

(c) If disbursements are to be made to a taxing authority or tax lien holder, then the taxing authority and tax lien holders, (together with the outstanding tax bill number and year) must be listed in the proposed Order of Distribution, and a copy of the tax bill or bills must be furnished to the Master Commissioner with a payoff amount through the following month.

CRITICAL

Applies to

Motion

If a deposition is the subject of a motion, the relevant pages of its condensed transcript must be filed in the record.

Relevant pages of a condensed deposition transcript shall be filed in the record if the deposition is the subject of any motion before the Court.

CRITICAL

Applies to

Pleading

All pleadings must provide the personal identifying information required by the cited Kentucky statutes.

In addition, all pleadings must comply with the requirements of KRS Chapter 205, 403, 406 and 407 by providing the personal identifying information required by those chapters.

CRITICAL

Applies to

Adoption petition

A petition for adoption with consent must be filed pursuant to the cited statutes and rule.

Any Petition for adoption with consent shall be filed pursuant to KRS 199.470, 199.490, 199.500 and FCRPP 31.

CRITICAL

Applies to

Notice of readiness

When oral argument is not requested, the moving party must notify the Court that the matter is ready for final submission and adjudication by correspondence or AOC-280.

If no oral argument is requested then seven (7) days after the close of the briefing, the moving party shall notity the Court the matter is ready for final submission and adjudication by correspondence or AOC-280.

CRITICAL

Applies to

Required documents

The parties must file and exchange all documents required by the applicable rules, including final disclosure statements, by those rules’ deadlines.

7. The parties shall file and exchange all required documents under the Civil Rules, the Family Court Rules of Practice and Procedure, or the local rules of this jurisdiction, including final disclosure statements by the deadlines set forth therein.

CRITICAL

Applies to

Final hearing paperwork

Must include

proposed order

Counsel must tender all necessary final paperwork and proposed orders, including Findings of Fact and Judgment of Adoption, 14 days before the hearing unless the Court orders otherwise.

Counsel shall tender all necessary final paperwork and proposed orders to the Court fourteen days prior to the hearing for review, including Findings of Fact and Judgment of Adoption except as otherwise ordered by the Court.

CRITICAL

Applies to

Affidavit

(a) Plaintiff's Counsel shall file with the Motion an Affidavit that a Title Search has been conducted prior to filing any action for foreclosure.

(a) Plaintiff's Counsel shall file with the Motion an Affidavit that a Title Search has been conducted prior to filing any action for foreclosure.

CRITICAL

Applies to

Trial brief

The Court may require trial briefs and set their filing time; a party making a damages claim must include an itemized statement of damages and amounts claimed in its trial brief.

In the Pretrial Order, the Court may require each party to submit a trial brief consisting of a short memorandum of the party's view of the fact and law on which it will rely and may fix a time for filing such briefs. Any party making a claim for damages shall submit an itemized statement of damages and amounts claimed in the trial brief.

CRITICAL

Applies to

Transport order

For an incarcerated subpoenaed witness, the sponsoring party must submit a transport order stating appropriate times and locations at least seven days before the desired appearance.

If any subpoenaed witness is incarcerated, the party on whose behalf the witness is to testify shall submit a transport order, with appropriate times and locations, to the Court at least seven (7) days in advance of the desired appearance.

CRITICAL

Applies to

Agreed order of dismissal

Upon settlement of a civil action, prepare and tender to the presiding judge an Agreed Order of Dismissal signed by all parties or their counsel.

(a) An Agreed Order of Dismissal, signed by all parties or their counsel, shall be prepared and tendered to the presiding judge for signature upon the settlement of any civil action.

CRITICAL

Applies to

Petition

A petition must include the AOC-DNA-1 form contents, jurisdictional statutes and factual allegations, complete parent contact information, and diligent efforts to locate the parents, including contacting the County Attorney's Child Support Division.

Any petition filed with this Court shall contain: The contents of the official AOC-DNA-1 (Juvenile Dependency/Neglect or Abuse Petition) form; Citations to the specific statute and factual allegations relied upon for asserting the Court's jurisdiction; and Full information concerning the child's parents and their addresses), email addresses), and phone numbers). The Petitioner shall make diligent efforts to locate the child's parents, including but not limited to initiating contact with the County Attorney's Office - Child Support Division.

CRITICAL

Applies to

Expense submission

Must include

proposed order

Expenses paid by prospective adoptive parents must be submitted to the Court by a signed affidavit or verified motion, together with a tendered order approving the expenses.

Any expenses paid by the prospective adoptive parents) shall be submitted to the Court by affidavit or verified motion, signed by prospective adoptive parents) along with a tendered order approving expenses.

CRITICAL

Applies to

Paternity affidavit

A party seeking approval of an agreement establishing paternity for a person outside the marriage must submit Form VS-8C.

In the event that a party to a dissolution action requests that the Court approve an agreement to establish paternity for a person outside the marriage, the party shall submit a Three-Way Paternity Affidavit Form (VS-8C), which may be obtained from the Office of Vital Statistics (https://www.chfs.ky.gov/agencies/dph/dehp/vsb/pages/default.aspx).

CRITICAL

Applies to

Agreement or agreed order

Attorneys may sign for clients but must identify the method of authority on the signature line.

Attorneys may sign for their clients but must state on the signature line the method of authority.

CRITICAL

Applies to

Stipulation of facts

After the required pre-trial conference, the parties must file a Stipulation of Facts.

Upon completion of said conference, the parties shall file a Stipulation of Facts to avoid unnecessary proof or delay.

CRITICAL

Applies to

Written motion

A person seeking an order for confidential video records must file a written motion stating the request’s purpose and give notice to all parties, including any child’s Guardian ad Litem.

An individual requesting a judicial order must file a written motion, with notice to all parties, including the child's Guardian ad Litem, if any, and set forth the purpose for the request.

CRITICAL

Applies to

Writ of possession

If the property is occupied when the Deed is issued, the Buyer must obtain a writ of possession; the judgment alone does not provide possession.

(b) Should the property be occupied at the time a Deed is issued, Buyer must obtain a writ of possession to set out the occupants; no judgment shall automatically result in possession.

CRITICAL

Applies to

Dispositional report

The dispositional report must be submitted on form AOC-DNA-12.

The Dispositional Report shall be submitted on form AOC-DNA-12.

CRITICAL

Applies to

Pleading motion or other filed paper

Must include

case number

Every filed pleading, motion, and other paper must include the case number and the signing attorney’s or party’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.

CRITICAL

Applies to

Agreements and agreed orders

Agreements and Agreed Orders addressing substantive non-procedural matters must be signed by the parties and, if represented, their attorneys.

All Agreements and Agreed Orders that contain substantive non-procedural matters shall be signed by the parties and, if represented, by their attorneys.

CRITICAL

Applies to

Request for distribution

After entry of the appropriate judgment, subsequent lien holders are responsible for requesting distribution of any remaining funds to which they may be entitled.

(d) All subsequent lien holders have the responsibility of requesting distribution of any remaining funds they may be entitled to, after entry of appropriate judgment.

CRITICALCivil cases

Applies to

Mediation agreement

An agreement reached at mediation must be written and signed by the parties, who are responsible for drafting it; the mediator may assist with their consent.

Ifan agreement is reached during the mediation conference, it shall be reduced to writing and signed by the parties. The parties shall be responsible for the drafting of the agreement, although the mediator may assist in the drafting of the agreement with the consent ofthe parties,

CRITICAL

Applies to

Family court case

Must include

caption, case number

Cases filed in the Family Court must use the specified caption format.

B. Cases filed in the Family Court shall be styled as follows: COMMONWEALTH OF KENTUCKY FAMILY COURT CASE NO.:_

CRITICAL

Applies to

Emergency custody order request

An emergency-custody request must be written and accompanied by an affidavit containing the contents of AOC-DNA-2.1 and alleging dependency, abuse, or neglect; the affidavit and other documentation must be presented to the judge when the request is filed, though the official form may be used.

A. Any request for an emergency custody order in a dependency, neglect and abuse case shall be in writing and shall be accompanied by an affidavit for emergency custody order which contains the contents of the official AOC form, AOC-DNA-2.1 (Affidavit for Emergency Custody Order), and which alleges dependency, or abuse or neglect. The affidavit shall be presented to the judge with any other documentation presented at the time of the filing of the request. The official AOC form may be utilized for compliance with this rule.

CRITICALCivil cases

Applies to

Mediator report

The mediator must report the mediation’s status and whether an agreement was reached; with the parties’ consent, the mediator may also identify matters that could facilitate settlement.

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

CRITICAL

Applies to

Settlement notice

When settlement resolves issues set for hearing or trial, the parties must file notice that may be included in their Agreed Order.

If the parties reach a settlement resolving issues to be hear at a hearing or trial, the parties shall file notice with the Court, and contact Family Court staff at (502)222- 2490 to remand the motion from the Court's docket. The notice to the Court to remand may be contained in the Agreed Order of the parties.

CRITICAL

Applies to

Affidavit for costs and attorneys fees

Petitioners must file a signed affidavit for costs and attorney's fees, which is subject to Court approval.

An affidavit for costs and attorney's fees, signed by the Petitioner(s) must be filed with the Court, and are subject to approval by the Court.