Union County Circuit Court, Kentucky Document Filing Requirements

CRITICALCivil cases

Applies to

Motion

Motions in paternity cases must be filed and noticed for a hearing under Rule 201.

All motions in Paternity cases shall be filed and noticed for a hearing in accordance with Rule 201 herein.

CRITICALCivil cases

Applies to

Preliminary verified disclosure statement and objections

In dissolution mediations, each party must tender the Preliminary Verified Disclosure Statement and any objections to the mediator by email or mail at least seven days before mediation.

For mediations conduct in dissolution cases, each party shall tender at least seven (7) days prior to the mediation their Preliminary Verified Disclosure Statement (AOC Form 238), and any objections thereto, to the mediator via the mediator's email address, or via mail to P.O. Box 417, Marion, Kentucky 42064.

CRITICAL

Applies to

Judgment

A judgment must identify all parties in its heading and may not use “et al.” in place of listing them.

INCOMPLETE CAPTIONS FAILURE TO LIST ALL PARTIES IN HEADING OR USE OF ET AL. LOCAL RULE 12.02(A) (1)

CRITICAL

The specified purchaser payment, bond, interest, lien, redemption, and resale terms must be included as language in the sale document.

10. Language as set out herein: "Purchaser may pay cash or said property will be sold upon payment of 10% deposit, with the balance upon credit of 30 days, The purchaser shall execute a good and sufficient bond with approved surety thereon for the purchase price, the bond to bear interest at the rate of twelve percent (12%) per annum from the date thereof, until paid, and to have the force and effect of a judgment, but a lien shall be retained on said property to further secure the payment of the purchase price. At his option, the purchaser may pay cash or pay the bond with accrued interest at any time before its maturity. Said sale to be made free and clear of any and all liens, claims, rights, title and interest of any and all parties to this action, excepting easements and restrictions of record in the County Clerk's office of each respective county in which the property is located, and such right of redemption as may exist in favor of the United State of America or the defendants). The purchaser will be prepared to promptly comply with these terms or the said property will be immediately offered again for sale."

CRITICAL

Applies to

Indictment exception affidavit

The Court may make a case-specific exception to the indictment information requirement if the Commonwealth files an accompanying affidavit from the complaining witness explaining why the information cannot be provided.

The Court may grant exceptions to this rule on a case by case basis if the Commonwealth files with the Court an accompanying affidavit by the complaining witness explaining why the required information cannot be provided.

CRITICAL

Applies to

Summary judgment motion papers

Must include

proposed order

The summary judgment motion papers submitted on disc must include a proposed order.

Parties shall submit an accompanying disc containing their motion, response or reply, and a proposed order and copies shall be sent to the Judge's office at P.O. Box 126, Dixon, KY 42409.

CRITICAL

Applies to

Judgment

A judgment must identify the specific parties in default.

FAILURE TO LIST SPECIFIC PARTIES IN DEFAULT. LOCAL RULES 12.02(A)(5)

CRITICALCivil cases

Applies to

Notice of representation

An attorney seeking to review and copy a paternity case file must first file a party-signed notice of representation and a notarized release authorizing inspection.

An attorney seeking permission to review and copy a paternity case file must first file a Notice of representation signed by a party with a notarized release authorizing that attorney to inspect the parties' paternity case file for reasons relating to representation

CRITICALCivil cases

Applies to

Mediation agreement

Any agreement reached by the parties during mediation must be put in writing and signed by the parties and their counsel.

Any agreement reached during mediation by the parties on any issue shall be reduced to writing and signed by the parties and their counsel.

CRITICALCivil cases

Applies to

Pleading

Must include

ai disclosure

A pleading, motion, or other documentation containing AI-generated material must include the specified AI certification.

All pleadings, motions, and documentation which include any material generated by artificial intelligence (AI) shall also include the following certification language within the document: I further certify that no portion of any filing in this case will be drafted by generative artificial intelligence or that any language drafted by generative artificial intelligence-including quotations, citations, paraphrased assertions, and legal analysis-will be checked for accuracy, using print reporters or traditional legal databases, by a human being before it is submitted to the Court. Failure to comply will result in sanctions by the Court. I understand that any attorney or pro se litigant who signs any filing in this case will be held responsible for the contents thereof according to applicable rules of attorney discipline, regardless of whether generative artificial intelligence drafted any portion of that filing.

CRITICAL

Applies to

Deficiencies in judgment form

The Deficiencies in Judgment Form must be used to notify Plaintiffs’ counsel and the Court of deficiencies when an order of sale is not approved, and to notify the Court of compliance after approval.

A. The Deficiencies in Judgment Form shall be used to notify Plaintiffs Counsel and the Court of any deficiencies should the Master Commissioner not approve the order of sale. B. Following his approval the Master Commissioner shall use the Deficiencies in Judgment Form to notify the Court that said order complies with the Kentucky Revised Statutes, the Rules of Civil Procedure, AP Part IV, and with the Rules of the 5" Judicial Circuit.

CRITICAL

Applies to

Motion to withdraw as counsel

After appearing, counsel must obtain leave to withdraw through a motion properly noticed for hearing.

Leave of Court shall be obtained to withdraw as counsel after an entry of appearance has been made. Such leave can only be obtained by a motion served on the client and other parties and properly noticed for hearing.

CRITICAL

Applies to

Order or judgment

If the party against whom an order or judgment is entered is unrepresented, that fact must be endorsed on the document.

If the party against whom the order or judgment is entered is not represented by counsel, that fact shall be endorsed thereon.

CRITICALCivil cases

Applies to

Adoption hearing request

Must include

proposed order

After procedural requirements are met, the petitioner's attorney must submit proposed Findings of Fact and a Judgment of Adoption for approval before obtaining a final hearing date.

Once all procedural requirements have been met, including the home investigation where necessary, the attorney for Petitioner(s) must submit all proposed Findings of Fact and Judgment of Adoption for approval by the Family Court Judge prior to obtaining a date for a Final Hearing in an adoption action.

CRITICAL

Applies to

Order of sale

Orders of sale, including judgments containing them, must be submitted to the Master Commissioner for examination and approval before court entry; after approval, the Commissioner forwards them to the Court for entry at the hearing on the party’s motion.

All orders of sale, including judgments containing orders of sale, shall be filed with the Master Commissioner for examination and approval prior to entry by the Court. The Master Commissioner shall examine all such orders and, following his approval, shall forward same to the Court for entry at the hearing on the party's motion seeking such order.

CRITICAL

Applies to

Motion notice

A motion notice without a hearing date is treated as though no motion was filed.

Any motion notice which fails to include the date of hearing shall be treated as if no motion had been filed.

CRITICAL

Applies to

Order of sale

Orders of sale must not designate the auctioneer or appraisers, but may state a known reason for disqualifying an auctioneer or appraiser in that case.

2. 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.

CRITICALCivil cases

Applies to

Request for judicial order

A request for an order concerning a video of an in-chamber interview with a child must include a written explanation identifying the requested portion and the specific purpose of the request.

An individual requesting a judicial order must provide the Family Court Judge with a written explanation for the request which specifically indicates the portion of the video record being requested is an in-chamber interview with a child, and specific purpose for the request.

CRITICALCriminal cases

Applies to

Written recommendation

The Commonwealth must provide the Court with a written recommendation in response to every pretrial diversion application.

The Commonwealth shall make a written recommendation to the Court in response to each application .

CRITICAL

Applies to

Pleading motion or memorandum

Pleadings, motions, and memoranda must include counsel’s name, address, phone and fax numbers, and email address if available.

All pleadings, motions, and memoranda shall contain the name, address, phone number, fax number, and e-mail address (if available) of counsel.

CRITICALCivil cases

Applies to

Domestic violence petition

After-hours petitions must be sworn, and the person administering the oath must sign their name and office position on the petition.

The above designated person, receiving a completed Domestic Violence Petition after regular Circuit Court Clerk business hours, is authorized to administer an oath to the petitioner affirming the truthfulness as to the contents of the petition and shall sign their name and office position to the petition in witness and verification of said oath.

CRITICAL

Applies to

Bid assignment

The filed bid assignment must state the nature of the assignment and the assignee’s name and address.

Any purchaser making an assignment of its bid to another entity shall file same with the Clerk of the Court and with the Master Commissioner, setting forth the nature of the assignment together with the name and address of the assignee within one (1) week of the date of sale.

CRITICAL

Applies to

Personal communications

Personal communications may not be filed of record unless a motion is made and the court permits filing by order.

Personal communications between counsel, parties or any other persons shall not be filed of record except upon motion and court order permitting the same.

CRITICALCivil cases

Applies to

Family court case data sheet

The Family Court Case Data Sheet must be fully completed in every case.

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

CRITICAL

Applies to

Motion

Must include

proposed order

An appropriate order must accompany the motion, except for motions for summary judgment and default judgments.

An appropriate order shall be submitted with the motion. (This does not apply to motions for summary judgment - see Local Rule 15 or Default Judgments referred to in Local Rule 7.)

CRITICAL

The document must include proper payment-option language.

FAILURE TO INCLUDE PROPER PAYMENT OPTION LANGUAGE. LOCAL RULE 12.02(A)(10).

CRITICALCivil cases

Applies to

Pleading motion or other filing

Must include

case number

Every filing by counsel or a party must include the case number and the signer'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 email address of the attorney or party signing the document.

CRITICAL

Applies to

Motion

Motions other than those included in an answer must state a hearing date no later than the next regular motion day on which they could be heard.

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, which date shall not be later than the next regular motion day at which the motion could be heard.

WARNINGCivil cases

Applies to

Affidavit

file a completed affidavit on form AOC 275.5.

file a completed affidavit on form AOC 275.5.

WARNINGCivil cases

Applies to

Motion

A CR 78(2) motion may be determined without an oral hearing based on brief written statements of reasons in support and opposition.

Motions may be made under CR 78(2) which makes provision for the determination of motions without oral hearing upon a brief written statement of reasons in support and opposition.

WARNINGCivil cases

Applies to

Order

If the responding attorney or party does not sign the order, the submitting attorney or party may file it with the Clerk together with notice of the filing.

If the responding attorney or pro se party fails to sign the order, the submitting attorney or pro se party may file the order with the clerk with the notice of same.

WARNING

Applies to

Shock probation motion

Counsel-filed shock-probation motions should substantially comply with the listed content requirements.

Motions filed by counsel should substantially comply with the above requirements.

WARNING

Applies to

Purchaser bond

A purchasing creditor enforcing its mortgage or lien need not provide a bond unless the Order of Sale directs otherwise.

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.

INFO

Applies to

Video testimony designation

In counties with video of District Court proceedings, counsel should identify where the testimony at issue can be found.

In counties having video of District Court proceedings counsel should designate where the testimony in issue can be found.

INFO

Applies to

District court transcript

Parties appealing district court judgments or appealable orders may have the proceeding transcribed, and the Court may waive that requirement upon proper motion.

Parties appealing district court judgments or appealable orders may have the district court proceeding transcribed, except that the Court may waive this requirement upon proper motion.

INFO

Applies to

District court transcript

An appealing party may submit a transcript, or part of one, that would help the Court at any time before the case is submitted.

Any party to such appeal who feel that a transcript of the evidence or part thereof would be helpful to the Court may submit same at any time prior to submission of the case.

INFO

Applies to

Discovery request

Further discovery may be requested in writing as necessary.

Further discovery may be requested in writing as is necessary.

INFOCriminal cases

Applies to

Diversion order

The diversion order may, but is not required to, impose drug- and alcohol-free conditions with random testing, prohibit violations of the Penal Code or Controlled Substances Act, and prohibit possession of firearms or other deadly weapons.

The Order of Diversion may include : 1. That Petitioner remain drug and alcohol free and be subject to random testing. 2. That the petitioner have no violation ofthe Penal Code or the Controlled Substances Act. 3. That the petitioner possess no firearm or any other deadly weapon.