Union County Circuit Court, Kentucky Document Filing Requirements

CRITICALCivil cases

Applies to

Order

An order prepared by an attorney or self-represented party must be signed as “Tendered By” or “Prepared By” and submitted to the opposing attorney or party for a “Have Seen” signature, which does not waive objections to the order’s content.

Any order prepared by an attorney or pro se party shall contain a signature as "Tendered By" or "Prepared By," and be submitted to the opposing attorney or pro se party for signature as "Have Seen." By singing the tendered order as such, neither the attorney nor a pro se party is waiving any objection to the content of the order, but is only agreeing that the order reflects the findings of the Court.

CRITICAL

Applies to

Motion proposed order or pleading

Must include

caption, case number

Motions, proposed orders, and other pleadings lacking the correct style and case or indictment number will be returned without filing.

All motions, proposed orders or other pleadings which do not contain the correct style and case or indictment number will not be filed but returned to the Movant.

CRITICAL

Applies to

Order of sale

If the order requires recorded lienholders to be paid or the sale to be free and clear of liens, the order of sale must list the liens to be paid or state that there are no other liens.

IF ORDER REQUIRED LIEN HOLDERS OF RECORD TO BE PAID OR FOR SALE TO BE FREE AND CLEAR OF ALL LIENS, LIENS TO BE PAID ARE TO BE LISTED IN THE ORDER OF SALE OR ORDER NEEDS TO REFLECT THAT THERE ARE NO OTHER LIENS.

CRITICAL

Applies to

Summary judgment motion

A summary judgment motion must be accompanied by a supporting memorandum of law.

Motions for summary judgment shall not be noticed for hearing, but shall be accompanied by a memorandum of law supporting the motion.

CRITICAL

Applies to

Judgment

A judgment must list the address of the property being sold.

FAILURE TO LIST THE ADDRESS OF THE PROPERTY BEING SOLD. LOCAL RULE 12.02 (A)(3)

CRITICAL

Applies to

Order of sale

Orders for sale must include the specified caption, property and judgment details, party names, applicable mobile-home information, sale conditions, lien-release directive and recording references, and tax-payment directive and particulars.

A. Orders for the sale of property shall contain: 1. 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 2. A legal description of the property sought to be sold, together with the source of title of the present owner or owners. 3. 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. 4. The dollar amount of the judgment on a day certain, together with the daily amount of accruing interest or contract rate of interest (if the order of sale is for the purpose of enforcing a judgment for money). 5. The names of all parties who are in default. 6. The VIN and description of mobile home or statement of conversion if there is a mobile home on the property. 7. 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. 8. A directive that the Master Commissioner execute releases of mortgages, lis pendens, and liens foreclosed and extinguished by reason of the judicial sale; it shall also contain the book and page number where each lien to be released is recorded. 9. 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 and the name and address of the entity to be paid, the year in which the tax is due, and the tax bill number. No Commissioner's deed shall propose to convey the interest of any taxing authority for

CRITICAL

Applies to

Order or judgment

A signed order or judgment must be delivered to the clerk for entry.

When signed by the Judge, the order or judgment shall be delivered to the clerk for entry.

CRITICAL

Applies to

Order of sale

Orders of sale must not specify the dates on which the sale will be conducted.

B. Orders of sale shall not contain: 1. Specific dates on which the sale is to be conducted.

CRITICAL

Applies to

Judgment

A judgment must list the source of title.

FAILURE TO LIST SOURCE OF TITLE. LOCAL RULE 12.02 (A) (2)

CRITICAL

Applies to

Judgment

If the property has a mobile home, the judgment must list its VIN and description or include a statement of conversion.

FAILURE TO LIST VIN AND DISCRIPTION OF MOBILE HOME OR STATEMENT OF CONVERSION IF THERE IS A MOBILE HOME ON THE PROPERTY. LOCAL RULE 12.02(A)(6).

CRITICAL

Applies to

Order

The order must direct the Master Commissioner to pay all outstanding ad valorem taxes assessed against the property.

FAILURE TO DIRECT THE MASTER COMMISSIONER PAY ALL OUTSTANDING AD VALOREM TAXES ASSESSED AGAINST THE PROPERTY.

CRITICAL

Applies to

Motion to compel discovery

Must include

certificate of conference

A motion to compel discovery compliance must contain a certificate of counsel’s conference or correspondence and inability to resolve the dispute.

All motions to compel discovery compliance shall contain a certificate by counsel that she or he has conferred or corresponded with opposing counsel and that they are unable to reconcile their differences without a hearing.

CRITICAL

Applies to

Affidavit

Petitioners seeking to initiate contempt proceedings should contact the Circuit Court Clerk's office in the county where the protective order is entered and file a completed affidavit on form AOC 275.5.

Petitioners seeking to initiate contempt proceedings should contact the Circuit Court Clerk's office in the county where the protective order is entered and file a completed affidavit on form AOC 275.5.

CRITICALCivil cases

Applies to

Motion for entry of decree or order

Must include

proposed order

A motion for entry of a decree or final order must include a proposed decree and, when the stated conditions apply, a uniform child support order.

The motion shall be accompanied by a proposed decree, adopting any settlement agreement or order of the Court if applicable, and a uniform child support order (if minor children are involved and if an order has not previously been entered).

CRITICALCivil cases

Applies to

Domestic violence petition

The completed, sworn Domestic Violence Petition shall be presented to the Family Court Judge of the 5"h Judicial Circuit. If not available, the petition may be presented to any Trial Commissioner, District Judge, or Circuit Judge of the 5h Judicial Circuit. If no authorized individual can be found in the 5h Judicial Circuit, the officer shall present the verified petition to the Family Court Judge, Circuit Judge, District Judge, or Trial Commissioner in any surrounding county.

The completed, sworn Domestic Violence Petition shall be presented to the Family Court Judge of the 5"h Judicial Circuit. If not available, the petition may be presented to any Trial Commissioner, District Judge, or Circuit Judge of the 5h Judicial Circuit. If no authorized individual can be found in the 5h Judicial Circuit, the officer shall present the verified petition to the Family Court Judge, Circuit Judge, District Judge, or Trial Commissioner in any surrounding county.

CRITICAL

Applies to

Domestic violence petition

The person administering the oath after regular clerk hours must sign their name and office position on the petition as witness and verification of the oath.

shall sign their name and office position to the petition in witness and verification of said oath.

CRITICAL

Applies to

Commissioner's report of sale

If the purchaser is required to provide a bond, the bond must be filed with the Commissioner's Report of Sale.

If a bond is required of the purchaser, the bond shall be filed along with the Commissioner's Report of Sale.

CRITICAL

Applies to

Order

The order must direct the Master Commissioner to execute releases of mortgages, lis pendens, and liens extinguished by the judicial sale, and list the book and page where each lien to be released is recorded.

AND LIENS FORECLOSED AND EXTINGUISHED BY REASON OF THE JUDICIAL SALE, AND/OR TO LIST THE BOOK AND PAGE FAILURE TO DIRECT THAT THE MASTER COMMISSIONER EXECUTE RELEASES OF MORTGAGES, LIS PENDENS, NUMBER WHERE EACH LIEN TO BE RELEASED IS RECORDED.

CRITICAL

Applies to

Shock probation motion

Must include

case number

Pro se shock-probation motions must include the specified sentencing, incarceration, plea-offer, release-plan, and case-number information; noncompliant motions will be summarily denied.

All pro-se motions for shock probation shall include: A. Date of entry of judgment and sentence; B. Length of sentence imposed; C. A statement that the defendant has been incarcerated at least 30 days since the date of sentence; D. Whether the Commonwealth recommended shock probation in the negotiated plea and attach a copy of Commonwealth's offer supporting same; E. Information which would assist the Court such as: a. Where defendant will be living, b. Treatment or rehabilitation program the defendant intends to attend (if applicable), c. Where defendant will be employed with supporting document from the employer, and d. Any other reason counsel believes the Court should consider. F. The correct case number. All motions not complying with this order will be summarily denied.

CRITICAL

Applies to

Judgment

The judgment must list the names and addresses of the persons the Clerk is to serve.

FAILURE TO LIST NAMES AND ADDRESSES OF PERSONS TO BE SERVED WITH JUDGMENT BY CLERK.

CRITICAL

The document must list the dollar amount due on a specified day together with the daily or contract rate.

RULE 12.02 (A)(4). FAILURE TO LIST DOLLAR AMOUNT ON A DAY CERTAIN TOGETHER WITH DAILY OR CONTRACT RATE.

CRITICALCivil cases

Applies to

Paternity case file inspection

Anyone other than the specified authorized persons must obtain a court order before inspecting a paternity case file.

All other persons desiring to inspect a paternity case file shall first obtain an order from the court permitting such inspection.

CRITICAL

Applies to

Trial readiness statement

By the report date, attorneys must advise the Court in writing whether they are ready for trial and the probable trial length.

On or before the report date, the attorneys shall advise the Court in writing whether they are ready for trial, and the probable length of trial.

CRITICAL

Applies to

Filing

Only an attorney of record or a party of record acting pro se may submit a filing for the record.

Nothing shall be filed of record unless submitted for filing by an attorney of record in the case in which the filing is requested, or by a party of record who is acting prose.

CRITICALCriminal cases

Applies to

Diversion order

The diversion order must address applicable restitution, supervision and fees, duration, compliance with Probation and Parole rules, and the specified restrictions on committing offenses and complying with other applicable 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 and 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

Complaint

At least two copies of the complaint must be filed with the clerk in every civil case.

A. At least two copies of the complaint in all civil cases shall be filed with the clerk.

CRITICALCivil cases

Applies to

Motion for entry of decree or order

Certificates showing completion or enrollment in court-ordered programs must be filed before or with the motion for entry of the decree or order.

Certificates of completion or enrollment in court-ordered counseling, treatment, education, or monitoring programs shall be filed prior to or with the motion for entry of the decree or order.

CRITICALCivil cases

Applies to

Motion

Must include

proposed order

A CR 78(2) movant must file an appropriate tendered order of relief with the Court.

Movants under CR 78(2) shall file an appropriate tendered order of relief with the Court.

CRITICAL

The document must state that occupants must vacate upon ten days’ written notice after the sale and include the specified possession and eviction notice.

OCCUPANT TO VACATE PREMISES UPON TEN (10) DAYS WRITTEN NOTICE AT ANY TIME AFTER THE DATE OF SALE. THE VACATING PREMISES LANGUAGE FAILS TO INCLUDE THE FOLLOWING NOTICE: "PURCHASER MAY REQUIRE TAKE POSSESSION OF THIS PROPERTY, AND THE SHERIFF OF THE RESPECTIVE COUNTY, IS AUTHORIZED AND DIRECTED PURHCASER IS HEREBY GIVEN A WRIT OF POSSESSION, WHICH ENTITLES THE PURCHASER TO IMMEDIATELY ENTER AND THE PURCHASER." LOCAL RULES 12.02 (A)(11). TO EVICT ANY PARTY OR PARTIES TO THIS CASE OCCUPYING OR CLAIMING AN INTEREST IN SAID PROPERTY ADVERSE TO

CRITICAL

Applies to

Judgment and order of sale

The order must include information about outstanding taxes, including bills purchased by a private party, and identify the person, tax bill number, and year.

INCLUDING BILLS PURCHASED BY A PRIVATE PARTY. LOCAL RULE 12.02 (A)(9). IF THERE ARE NO PAST DUE TAXES THIS FAILURE TO LIST REQUIRED INFORMATION RE: OUTSTANDING TAXES, PERSON, TAX BILL NUMBER, OR YEAR FACT SHOULD BE REFLECTED IN THE ORDER.

CRITICALCriminal cases

Applies to

Diversion recommendation

If diversion is recommended, the Commonwealth must submit written recommendations on diversion conditions and the appropriate sentence if the agreement is unsuccessful.

When diversion is recommended, the Commonwealth must make written recommendations to the Court of conditions for the pretrial diversion as well a.~ the appropriate sentence to be imposed ifthe diversion agreement is unsuccessful .

CRITICAL

Applies to

Indictment

A criminal indictment must state on its face the defendant’s name, last known address, and Social Security number.

No criminal indictment will be accepted, entered or processed by the Circuit Court unless the indictment states on its face, the defendant's name, last known address and social security number.

CRITICALCivil cases

Applies to

Motion

A request for an order releasing a confidential Family Court video must be made by written motion, with notice to all parties and any child's Guardian Ad Litem, and must state the request's purpose.

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.

CRITICALCivil cases

Applies to

Pleading

Each pleading must include the filer’s correct mailing address, email address, and telephone number.

All pleadings shall contain the correct mailing address, email address, and telephone number of the party or attorney filing the pleading.

CRITICALCivil cases

Applies to

Discovery motion

Must include

certificate of conference

A motion to compel discovery must include counsel’s certificate that counsel conferred or corresponded with opposing counsel and could not resolve the dispute without a hearing.

Motions to compel discovery shall contain a certificate, by counsel, that he or she has conferred or corresponded with opposing counsel and that they are unable to reconcile their difference without a hearing.

CRITICALCivil cases

Applies to

Appearance and waiver or agreement

An unrepresented party must sign and acknowledge an appearance and waiver or agreement before a notary or deputy clerk.

Any unrepresented party who signs and acknowledges an appearance and waiver or agreement shall do so before a notary or deputy clerk.

CRITICALCivil cases

Applies to

Notice of motion

The notice must state that the motion may be granted without a hearing after ten calendar days if no response is filed.

The notice shall specify that the motion may be routinely granted without hearing by the court, upon the expiration of ten (10) calendar days if no response is filed.

CRITICALCivil cases

Applies to

Motion for compensation

Motions for compensation must include an affidavit stating the statutory basis for appointment, services and fee details, and whether and when the proceeding concluded.

Motions for compensation shall be accompanied by an affidavit indicating: i. The statutory basis for appointment; ii. The hours of service rendered with a brief description of the services rendered and reasonableness of the tee requested; and i11. That the action or proceeding has been concluded and date of disposition.

CRITICAL

Applies to

CR 78 2 motion

A CR 78(2) motion must alert opposing counsel that it may be routinely granted ten days after filing unless an objection or response is filed.

Motions may be made under CR 78(2) and shall direct the opposing attorney's attention to the fact that under this 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

Pretrial diversion application

When applying for pretrial diversion, counsel must state that the defendant waives speedy-trial or disposition rights if diversion is granted, and the defendant must agree to that waiver on the record.

In applying for pretrial diversion, counsel for the defendant must state, and the defendant must agree on the record, that in the event diversion is granted, any right to a speedy trial or disposition of the charge against him/her is waived .

CRITICAL

Applies to

Order of sale

3. The final Plaintiff's attorney fee should be left blank on the order of sale for the Court to determine what is reasonable.

3. The final Plaintiff's attorney fee should be left blank on the order of sale for the Court to determine what is reasonable.

CRITICALCivil cases

Applies to

Motion

A movant proceeding under CR 78(2) must state that the motion is made under that rule and the local rule.

Movant shall state that the motion is made under CR 78(2) and this local rule.

CRITICAL

Applies to

Order

The order must identify the person in whose name the property was taxed, the year the tax is due, and the tax bill number.

FAILURE TO IDENTIFY THE PERSON(S) IN WHOSE NAME THE PROPERTY HAS BEEN TAXED, THE YEAR IN WHICH THE TAX IS DUE, AND THE TAX BILL NUMBER. LOCAL RULE 12.02(A)(9).

CRITICALCivil cases

Applies to

Motion

Motions served on an adverse party must state the hearing date, except motions included in an answer; a motion without that date is treated as not filed.

All motions, except those included in an answer, when served on the adverse party, shall contain a date on which said motion shall be heard. Any motion which fails to include the date of the hearing shall be treated as if no motion has been filed.

CRITICAL

The specified language concerning the purchaser's right to require an occupant to vacate and take possession must be included as language in the sale document.

11. Language as set out herein: "The purchaser may require occupant to vacate premises upon ten (10) days written notice a any time after the date of sale. The Purchaser is hereby given a WRIT OF POSSESSION, which entitles the Purchaser to immediately enter and take possession of this property, and the Sheriff of the respective County is authorized and directed to evict any party or parties to this case occupying or claiming an interest in said property adverse to the Purchaser."

CRITICAL

Applies to

Default judgment motion

A party seeking a default judgment under Rule 55.01 must first file a written motion with a tendered judgment and notice to the party in default.

A party seeking a judgment by default where Rule 55.01 of the Kentucky Rules of Civil Procedures applies shall first file a written motion for such a judgment with a tendered judgment and notice to the party in default.

CRITICAL

Applies to

Order

If there are no past-due taxes, the order must state that fact.

IF THERE ARE NO PAST DUE TAXES THIS FAILURE TO LIST REQUIRED INFORMATION RE: OUTSTANDING TAXES, PERSON, TAX BILL NUMBER, OR YEAR FACT SHOULD BE REFLECTED IN THE ORDER.

CRITICALCivil cases

Applies to

Motion and notice

Must include

certificate of service

Each motion and notice must include a certificate of service identifying the recipient, delivery method, and delivery or transmission date.

B. Each motion and notice shall contain a certificate of service setting forth the party or attorney to whom the photocopy was delivered, the method(s) of delivery, and the date that the photocopy was delivered or transmitted.

CRITICAL

Applies to

Order or judgment

After a ruling, verdict, or judgment in a civil case, counsel for the successful party must prepare and present a conforming order or judgment endorsed “Have Seen” by counsel for all parties.

In civil cases, whenever any ruling is made, verdict rendered, or judgment rendered, an order or judgment in conformity therewith shall be prepared by counsel for the successful party, shall be endorsed "Have Seen" by counsel for all parties thereto as in conformity to the ruling or judgment, and shall be presented to the Court.

CRITICAL

COURT TO DETERMINE, WHAT IS REASONABLE. LOCAL RULE 12.02(B)(3). FAILURE TO INCLUDE REFERENCE TO THE PLAINTIFF'S ATTORNEY FEE, WHICH SHOULD BE LEFT BLANK FOR THE

COURT TO DETERMINE, WHAT IS REASONABLE. LOCAL RULE 12.02(B)(3). FAILURE TO INCLUDE REFERENCE TO THE PLAINTIFF'S ATTORNEY FEE, WHICH SHOULD BE LEFT BLANK FOR THE