Trimble County Circuit Court, Kentucky Document Filing Requirements

CRITICAL

Applies to

Adoption petition

An adoption petition must be filed pursuant to KRS Chapter 199, and a guardian ad litem must be appointed for the child or children unless KRS 199.480(3) applies.

The Petition shall be filed pursuant to KRS Chapter 199, and, in accordance with FCRPP 30 and 31, a guardian ad litem (GAL) shall be appointed for the child(ren) unless the provisions of KRS 199.480(3) are met.

CRITICAL

Applies to

Preliminary verified disclosure statement

Both parties must provide Preliminary Verified Disclosure Statements whenever either or both parties are unrepresented.

Preliminary Verified Disclosure Statements are required of both parties whenever one or both parties are unrepresented by counsel.

CRITICAL

Applies to

Emergency custody order petition

Before seeking an ECO, the petition must be reviewed by the appropriate CHFS office and County Attorney, and a copy must be provided to the person seeking the ECO.

1. Persons seeking an Emergency Custody Order (ECO) shall first have the Petition reviewed by the appropriate Cabinet for Health and Families Services (CHFS) Office and the appropriate County Attorney to assess the sufficiency of the allegations in conformity with the 12" Judicial Family Court Rule 603 below. A copy shall also be provided to the person seeking the ECO.

CRITICAL

Applies to

Motion withdrawal or remand

The filing party must direct any motion withdrawal or remand to both the Court and the Clerk.

Any withdrawal or remand of motions shall be made by the filing party directly to the Court and the Clerk.

CRITICAL

Applies to

Motion for shock probation

Counsel filing a Motion for Shock Probation must file and notice the matter for a Motion Docket pursuant to KRS 439.265.

Counsel for a defendant making a Motion for Shock Probation shall file and notice the matter for a Motion Docket pursuant to KRS 439.265.

CRITICAL

Applies to

Summons

After transfer, the court of transfer must reissue the summons as needed.

Thereafter, reissuance of the summons shall occur as needed in the court of transfer.

CRITICAL

Applies to

Termination of parental rights petition

Every petition to terminate parental rights must comply with the requirements in KRS 625.020 et seq.

and every petition for termination of parental rights shall comply with the requirements for termination of parental rights cases as set out in KRS 625.020 et seq.

CRITICAL

Applies to

Final verified disclosure statement

Final Verified Disclosure Statements must be filed without attachments.

Final Verified Disclosure Statements shall be filed in the record without attachments.

CRITICAL

Applies to

Agreements and agreed orders

Agreements and Agreed Orders must contain the attorneys’ correct mailing and email addresses.

All Agreements and Agreed Orders shall contain the correct mailing addresses and e-mail addresses for the attorneys.

CRITICAL

Applies to

Domestic violence order petition

A domestic violence order petition must conform to KRS 403.725.

B. Each petition for a domestic violence order shall conform with the requirements of KRS 403.725, and each petition for an interpersonal protective order shall conform with the requirements of KRS 456.030.

CRITICAL

Applies to

Witness list and exhibit list

Witnesses and exhibits not identified at least 14 days before trial are barred unless good cause is shown.

4. Witnesses or Exhibits not identified at least fourteen (14) days in advance of the trial shall not be permitted at trial except upon good cause shown.

CRITICAL

Applies to

Proof of training

Court-appointed counsel must provide the Court proof of required training to remain eligible for appointments.

Court-appointed counsel shall provide proof that he or she has completed the required training to the Court to remain eligible for appointments.

CRITICAL

Applies to

Summons

When a protective-order case is transferred to another circuit because of a pending dissolution or custody matter, the initiating court must reissue the summons.

Consistent with FCRPP 12, when the case is transferred to another circuit due to a pending dissolution or custody matter, the summons shall be reissued by the initiating court

CRITICAL

Applies to

Complaint

If a mobile home has been converted to real estate under KRS 186A.297, a file-stamped copy of the Affidavit of Conversion with recording information must be attached to the Complaint.

If the mobile home has been converted to real estate pursuant to KRS 186A.297, a file stamped copy of the Affidavit of Conversion with recording information shall be attached to the Complaint.

CRITICAL

Applies to

Pre trial memorandum

A selected party's pre-trial memorandum must be submitted 14 days before the trial date.

Petitioner's OR Respondent's (check one) Pre-trial Memorandum (to be submitted 14 days prior to trial date)

CRITICAL

Applies to

Alternative order or judgment

If opposing counsel finds a proposed order or judgment unsatisfactory, counsel must immediately notify the Court of any objections and present an alternative version.

(c) If the proposed order or judgment is not satisfactory to opposing counsel, counsel shall immediately make any objections known to the Court and present that party's alternative version of the order or judgment.

CRITICAL

Applies to

Request for appointment of counsel

A parent's request for counsel in an involuntary termination action must be supported by an affidavit of indigency.

Whenever a parent in an action for involuntary termination of parental rights request an appointment of counsel, supported by an affidavit of indigency, the Clerk shall bring the court any related Dependency Neglect and Abuse file(s).

CRITICAL

Applies to

Final proof dissolution

Final Proof in a dissolution matter must be submitted with a joint written motion and necessary proof sufficient to establish the statutory facts.

Final Proof in a Dissolution matter shall be submitted to the Court upon a joint written motion, with necessary proof, that is sufficient to prove the statutorily require facts.

CRITICAL

When a party's property is before the Court by constructive service alone, the plaintiff must comply with CR 4.11 regarding bond.

(d) In an action involving the property of a party before the Court by constructive service alone, Plaintiff must comply with CR 4.11 regarding Bond.

CRITICAL

Applies to

Adoption petition

The petition must be filed pursuant to the cited statutes and rule.

The Petition shall be filed pursuant to KRS 199.470, 199.490, 199.502, and FCRPP 31.

CRITICAL

Applies to

Deed

The Deed must be delivered according to Part IV of the Kentucky Supreme Court Rules of Administrative Procedure.

(g) The Deed shall be delivered according to Part IV of the Rules of Administrative Procedure of the Kentucky Supreme Court.

CRITICAL

Applies to

Written instructions

Submit written instructions reflecting the parties’ then-current understanding of the issues and law at or before the Pre-Trial Conference; later instructions remain possible as subsequent proceedings indicate.

c. At or before the Pre-Trial Conference, submit written instructions incorporating the parties' then understanding of the issues and the law, without prejudice to the right to present further instruction as may be indicated by subsequent proceedings;

CRITICAL

Applies to

Motion

Must include

proposed order

Tender a proposed order or judgment with every motion.

(b) A proposed order or judgment shall be tendered with any motion.

CRITICAL

Applies to

Order of distribution

An Order of Distribution must state the amounts collected, including the advance costs deposit, itemize all fees and costs, and substantially comply with the appended form.

(b) Orders of Distribution of funds held by the Master Commissioner shall set forth the amounts collected, including the advance costs deposit referenced in 6.1(2) above. All fees and costs must be itemized on the Order of Distribution and shall substantially comply with the form appended herein.

CRITICAL

Applies to

Protective order petition

A petition for a DVO or IPO must be verified.

A. Per KRS 403.725 and 456.030, during regular work hours, a verified petition for Domestic Violence Order (DVO) of protection or Interpersonal Protective Order (IPO) shall be filed at the Circuit Clerk's Office in the county where petitioner resides or in the county to which Petitioner has fled to escape domestic violence and abuse.

CRITICAL

Applies to

Order of distribution

Proposed Orders of Distribution must be set for Motion Hour and served on non-defaulting parties and the Master Commissioner with at least ten days' notice.

All proposed Orders of Distribution" shall be set for motion hour, served upon non-defaulting parties and the Master Commissioner with notice at least 10 days prior to Motion Hour.

CRITICAL

Applies to

Family court case data sheet

A fully completed Family Court Case Data Sheet is required in every case.

A Family Court Case Data Sheet must be fully completed in all cases.

CRITICAL

Applies to

Termination of parental rights petition

Every termination-of-parental-rights petition must comply with KRS 625.020 et seq.

Every petition in a Termination of Parental Rights action shall comply with the requirements set forth in KRS 625.020 et. seq.

CRITICAL

Applies to

Motion

The listed motions must be accompanied by a memorandum of authority.

Except as set forth in these Rules for Judicial Sales, all Motions for Summary Judgment, for Judgment on the Pleadings, to Dismiss, to Strike, and under CR 12.02 shall be noticed, served, and filed at least ten (10) days prior to the date to be heard on Motion Docket with a memorandum of authority.

CRITICAL

Applies to

Notice

Should the agreement resolve all issues for which a hearing has been scheduled, the parties shall file notice with the Court, which may be within the agreed order, and notify Court Staff, (502)222-2490, that the hearing is remanded from the Court's docket.

Should the agreement resolve all issues for which a hearing has been scheduled, the parties shall file notice with the Court, which may be within the agreed order, and notify Court Staff, (502)222-2490, that the hearing is remanded from the Court's docket.

CRITICAL

Applies to

Petition

Proceedings involving siblings require a separate petition for each child, with an individual case number assigned to each.

In proceedings involving siblings, separate petitions shall be filed for each child and individual case numbers shall be assigned by the clerk of the court.

CRITICAL

Applies to

Adoption petition

Every adoption petition must comply with the adoption-case requirements in KRS 199.470 and 199.490.

Every petition for adoption shall comply with the requirements for adoption cases as set out in KRS 199.470, 490;

WARNING

Applies to

Pleading

No further pleadings are allowed unless the Court grants leave or all parties agree on the record.

No further pleadings shall be allowed without leave of Court or agreement of record of all parties.

WARNING

Applies to

Motion to enter a guilty plea

A defendant seeking to resolve a case by guilty plea may file a Motion to Enter a Guilty Plea before trial for hearing on the presiding judge’s next available criminal docket.

At any time prior to trial, a defendant who wishes to resolve his/her case by entering a guilty plea may do so by filing a Motion to Enter a Guilty Plea to be heard on the presiding judge's next available criminal docket.

WARNING

Applies to

Case law

Case law may be tendered to the Court but must not be filed as an attachment unless the Court orders otherwise.

Case law may be tendered to the court but shall not be filed as an attachment unless ordered by the Court.

WARNING

Applies to

Notice of appearance

An appearance is general unless counsel specifies otherwise on the record, and an appearance for a limited purpose must specify the limited nature of the representation.

4.3 Scope of Appearance: Unless counsel specifies otherwise on the record, an entry of appearance is a general appearance for all purposes. An entry of appearance for a limited purpose shall specify the limited nature of counsel's representation of the client.

WARNING

Applies to

Deposition

Deposition originals must not be filed; the noticing attorney must keep the original deposition and video recording and present them when directed by the Court or a party.

Originals of depositions shall not be filed in the Court record. The attorney who noticed the taking of a deposition shall be custodian of the record for the original deposition (and video recording) and shall present it when directed by the Court or any party involved in the proceedings.

WARNING

Applies to

Mediation materials

The mediator may require the parties to submit a confidential case statement or other materials reasonably needed for mediation.

The mediator may require the parties to submit a pon by the pates. the in confidential statement of the case or other materials that the mediator may reasonably believe appropriate for efficiently conducting the mediation conference.

WARNING

Applies to

Discovery

Discovery must not be filed in the record when requested or answered, but may be attached to a motion to compel or for another purpose.

Discovery shall not be filed in the record at the time of request or upon being answered. This rule does not prohibit a party from attaching discovery to a motion to compel or some other purpose.

WARNING

Applies to

Notice of appearance

Counsel must list specified office and contact information on the pleadings and in the entry of appearance.

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

WARNING

Applies to

Appraisal

An appraisal is valid for six months, after which a new appraisal must be conducted.

All appraisals are valid for six months, afterward, a new appraisal must be conducted.

WARNING

Applies to

Discovery papers

Interrogatories and responses, requests for production or inspection and responses, requests for admission and responses, and medical records may not be filed with the Circuit Clerk unless an exception in CR 5.06(2) or (3) applies.

None of the following pleadings, papers, or portions thereof, shall be filed with the Circuit Clerk, unless the filing is in accordance with an exception found in CR 5.06(2) & (3). a. Interrogatories propounded under CR 33 and responses thereto. b. Requests for Production or Inspection made under CR 34 and responses thereto. c. Requests for admissions under CR 36 and responses thereto. d. Medical Records.

WARNING

Applies to

Hearing cancellation

A hearing may be cancelled only by agreement of all parties.

Any cancellation of hearings must be by agreement of all parties.

WARNING

Applies to

Pre trial memorandum

The Court may order the parties to submit a pretrial memorandum outlining the issues to be tried.

Additionally, the Court may Order the Parties to submit a pre-trial memorandum outlining the issues to be tried before the Court in advance of the trial date.

WARNING

Applies to

Pleading motion or other filed paper

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 CR11.

INFO

Applies to

AOC Form 280

When an action is submitted for final adjudication, counsel or unrepresented parties may file AOC Form 280 with the judge, Circuit Court Clerk, and Administrative Office of the Courts.

In accordance with SCR 1.050(8), when any action stands submitted for final adjudication, counsel or unrepresented parties may file an AOC Form 280 with the Judge, Circuit Court Clerk, and the Administrative Office of the Courts.

INFO

Applies to

Motion

A motion accompanied by an Agreed Order, or a default-judgment motion when no party is entitled to notice, may be filed with the Clerk and sent directly to the presiding judge without a Motion Docket appearance.

Agreed Orders, Prisoner cases, and Default Judgments: Any motion accompanied by an Agreed Order and any motion for a default judgment (if no party is entitled to notice) may be filed with the Clerk and sent directly to the presiding judge for signature. An appearance on Motion Docket is not required.

INFO

Applies to

Order or judgment

At the Court’s request, counsel in whose favor an order or judgment is rendered may prepare it.

(a) All orders and judgments of the Court may, at the request of the Court, be prepared by counsel in whose favor the order or judgment is rendered.

INFO

Applies to

Preliminary verified disclosure statement

Preliminary Verified Disclosure Statements may be filed without attachments unless the Court orders otherwise.

Preliminary Verified Disclosure Statements, to be completed pursuant to the FCRPP, may be filed in the record without attachments unless otherwise ordered by the Court.