Warren Circuit Court Document Filing Requirements

CRITICAL

Applies to

Adoption judgment

The separate Judgment of Adoption must change the child's name to conform to the petition's prayer.

In the separate Judgment of Adoption, the name of the child shall be changed to conform with the prayer of the petition, pursuant to KRS 199.520.

CRITICAL

Applies to

Maintenance hearing materials

Must include

statement of facts

At a maintenance hearing, each party’s counsel must exchange relevant income and living-expense information and documentation without a formal request and as soon as practical, including the listed materials.

At any hearing at which maintenance is at issue, counsel for each party shall without formal request and as soon as practical, exchange all relevant and necessary information and documentation pertaining to his or her client's income and living expenses. Appropriate income information shall include, but not necessarily be limited to: (1) copies of their individual and business, state and federal income tax returns with all schedules and attachments for the three previous calendar years; (2) copies of their four most recent pay statements showing cumulative yearly income or, if self-employed, proof of year-to-date income and expenses; and (3) documents pertaining to gross income from sources other than earnings, including case sums from any source, e.g. workers compensation, inheritance, disability, unemployment benefits, dividends, settlements, trusts, interest, gifts, retirement, severance pay, capital gains, maintenance, SSI etc.; (4) documentation evidencing net income from sources other than earnings including cash sums from any source, e.g. workers compensation, inheritance, disability, unemployment benefits, dividends, settlements, trusts, interest, gifts, retirement, severance pay, capital gains, maintenance, SSI etc.; (5) a list of monthly living expenses; (6) Verified Disclosure Statement, if not already filed with the Court; and (7) any other documents the parties would expect to introduce at a hearing regarding these issues.

CRITICAL

Applies to

Affidavit of indigency

A petitioner or respondent claiming indigency and entitlement to appointed counsel must file an Affidavit of Indigency with the Clerk by the date specified and contact the Warren County Public Advocate.

If the Petitioner/Respondent maintains that he/she is entitled to appointment of counsel as an indigent under KRS Chapter 31, then not later than _____, 20____, the Petitioner/Respondent shall file with the Clerk of this Court an Affidavit of Indigency and shall contact the Warren County Public Advocate, who shall appear with the Petitioner/Respondent at this show cause proceeding on _____, 20____, at _____ for possible appointment to represent the Petitioner/Respondent pursuant to Lewis v. Lewis, supra.

CRITICAL

Applies to

Motion or supporting memorandum

Cases from federal or foreign jurisdictions cited in motions or supporting memoranda must be attached.

Cases from federal or foreign jurisdictions cited in motions or memoranda in support shall be attached .

CRITICAL

Applies to

Motion for rule of contempt

The filing must be captioned “Motion for Rule of Contempt,” not as a Show Cause motion or another designation.

Motions for Rule of Contempt shall be captioned as "Motion for Rule of Contempt" and shall not be captioned as a Show Cause Motion, Motion for Show Cause and/or any other such designation.

CRITICAL

Applies to

Paternity custody request

A paternity judgment may not designate custody unless custody is specifically asserted in the petition and a proper motion, proper notice, and an opportunity to be heard precede the designation.

No designation regarding custody shall be included in a paternity judgment unless custody is specifically asserted in the petition and there is first a proper motion with proper notice and opportunity to be heard.

CRITICAL

Applies to

Child support motion

Every motion for child support must be accompanied by the appropriate Uniform Child Support Order, AOC-152.

All motions for child support shall be accompanied by the appropriate Uniform Child Support Order. See AOC-152.

CRITICAL

Applies to

Commonwealth recommendation

If the Commonwealth recommends diversion, its written recommendation must state the proposed diversion conditions and the appropriate sentence if the agreement is unsuccessful.

When diversion is recommended, the Commonwealth must make written recommendations to the Court ofconditions for the pretrial diversion, as well as the appropriate sentence to be imposed if the diversion agreement is unsuccessful . KRS 533 .252(3).

CRITICAL

Applies to

Summons

If a case is reassigned or transferred, the issuing judge must re-issue a summons until the receiving judge can hear the matter.

If reassignment or transfer occurs, the issuing judge shall re-issue a summons until the matter may be heard by the receiving judge.

CRITICAL

Applies to

Expense submission

If the adoptive parents paid expenses for the biological parents, submit the expenses to the Court with an affidavit detailing them for the Court’s approval or modification.

Did the adoptive parents pay any expenses for the biological parents? If yes, were the expenses submitted to the Court, supported by an affidavit, setting forth in detail a listing of the expenses for the Court's approval or modification? KRS 625.0405(2)

CRITICAL

Applies to

Case filings

All pleadings, motions, orders, and other papers in the case must identify the division where they are to be filed.

Thereafter, pleadings, motions, orders, and all papers in the case shall identify the division in which they are to be filed.

CRITICAL

Applies to

Letter of intent

Roster members must attach proof of at least three hours of relevant Continuing Legal Education credit to their annual letter.

Roster members shall attach to the letter proof of at least three hours of Continuing Legal Education credit relevant to practice as a member of the Guardian ad Litem/Court-Appointed Counsel roster.

CRITICAL

Applies to

Response

An opposing party seeking a hearing must say so in a written response, set the motion for hearing, and provide proper notice to the movant and all counsel of record or any unrepresented party.

Should the party opposing the motion under rule CR 78(2) wish to have a hearing on the motion, the party opposing the motion must so state in a written response, and proceed to set the motion for a hearing, provided proper notice is afforded to the movant and all counsel of record (or party if not represented by counsel) .

CRITICAL

Applies to

Preliminary or final verified disclosure statement

Enter “unknown” for unknown amounts and “n/a” for inapplicable questions.

If an amount is unknown, write unknown, if the question is inapplicable, write n/a.

CRITICAL

Applies to

Petition

The reviewing judge must indicate in the petition’s “Court Action” section whether the action is a domestic violence action under KRS Chapter 403 or an interpersonal protective order action under KRS Chapter 456.

The judge reviewing a petition for an order of protection shall indicate in the "Court Action" section of the petition whether the resulting action is a domestic violence action under KRS Chapter 403 or an interpersonal protective order action under KRS Chapter 456.

CRITICAL

Applies to

Default judgment motion

A motion for default judgment on a liquidated claim must include the specified Default Judgment Certificate, including service and balance-due information.

All motions for Default Judgment in claims involving a liquidated amount shall be accompanied by a Default Judgment Certificate as follows : DEFAULT JUDGMENT CERTIFICATE Plaintiff, by counsel, certifies that: 1) No papers have been served on plaintiff's counsel by the defendant(s) in default. 2) Defendant(s) were served on 3) The balance due the plaintiff is as follows: a) The amount of the original obligation is $ b) The amount paid by defendant(s) to be deducted from the original obligation is $ c) If the obligation contains pre-computed interest, and other pre- computed charges, the amount to be deducted by statute is d) The balance due from defendant(s) is $ e) If the balance due on line "d" above is different from the amount sought in the Default Judgment, the reason is:

CRITICAL

Applies to

Answer or report

The required filing is either an answer for the Respondent or, if applicable, a report stating that the Respondent cannot present a defense after careful examination.

Within sixty (60) days of the appointment, the Guardian ad Litem for incarcerated adult or military attorney shall either file an answer on behalf of the Respondent or a report stating that after careful examination of the case that the Respondent is unable to present a defense if applicable in that case.

CRITICAL

Applies to

Summons

If a case is reassigned or transferred, the issuing judge shall re-issue a summons until the receiving judge can hear the matter.

- E. Cases may be reassigned or transferred between courts if it is determined that there are other actions pending or circumstances indicate that review by the other court is proper. KRS 403.725, KRS 456.030. If reassignment or transfer occurs, the issuing judge shall re-issue a summons until the matter may be heard by the receiving judge.

CRITICAL

Applies to

Roster application

Attorneys seeking appointment to the roster must submit the specified application to the Family Court Administrator.

Attorneys interested in being appointed to the Warren County Family Court Guardian ad Litem/Court Appointed Counsel Roster shall submit the Warren County Family Court Guardian ad Litem/Court Appointed Counsel Roster Application to the Warren County Family Court Administrator.

CRITICAL

Applies to

Petition or motion

Petitions and motions relating to juvenile dependency, paternity, or domestic violence must be filed with the appropriate specified clerk.

All petitions and motions relating to Juvenile Dependency/Neglect/Abuse, Paternity, or Domestic Violence shall be filed with the Warren County Juvenile Clerk or the Domestic Violence Clerk, as appropriate.

CRITICAL

Applies to

Military service affidavit

Before default judgment, the petitioner must file an affidavit stating whether the respondent is in military service and supporting that statement with facts, or stating that the petitioner cannot determine the respondent’s status.

Before any judgment by default will be entered against any Respondent, the Petitioner must file with the court an affidavit stating whether or not the Respondent is in military service and showing necessary facts to support the affidavit. If the Petitioner is unable to determine whether or not the Respondent is in military service, the affidavit shall so state.

CRITICAL

Applies to

Pretrial conference filings

Each party must file pertinent motions, reached stipulations or agreements, and a list of potential witnesses, exhibits, or documents at least seven days before the Pretrial Conference.

- a. Each party shall file the following documents at least seven (7) days prior to the Pretrial Conference - (1) Any pertinent motions; - (2) Any stipulations and/or agreements reached; - (3) A list of any potential witnesses, exhibits, or documents.

CRITICAL

Applies to

Stay motion or hearing request

A military attorney’s motion or hearing request for a stay must include an affidavit explaining how military service affects the defense and providing the specified assignment, address, leave, and related information.

Motions and requests for a hearing for a stay of proceedings submitted by military attorneys shall be supported by an affidavit containing specific reasons why the military Respondent's service materially affects his ability to conduct his defense. The affidavit shall include: - a. present duty station and expected duration of present military assignment, if known; - b. residential address, if different from duty station address; - c. accrued leave to which Respondent is entitled and number of days of leave which accrue to the Respondent each month; and - d. any other information of a similar nature which would affect the Respondent's ability to defend the action.

CRITICAL

Applies to

Letter of intent

Roster members must submit a written letter of intent to continue on the roster by August 1 each year.

By August 1 of each year, roster members shall submit to the Family Court Staff in writing a letter of intent to continue on the roster.

CRITICAL

Applies to

Mediation report

At the conclusion of mediation, the mediator must immediately file a report stating without comment whether the result was a full, partial, or no agreement.

- 5. At the conclusion of mediation, the mediator shall immediately file a report, without comment, to the Court as to the outcome of the mediation (i.e., a full, partial or no agreement).

CRITICAL

Applies to

Income documentation

If the respondent and petitioner have children, the respondent must bring income tax returns, pay stubs, or employer statements to the court appearance if temporary child support is ordered.

If you and the Petitioner have children, you must produce at the court appearance income tax returns, pay stubs, or employer statements to document your income in the event temporary child support is ordered.

CRITICAL

Applies to

Preliminary or final verified disclosure statement

Attach further documentation or an additional schedule when a question requires it.

If a question requires further documentation or an additional schedule, please attach.

CRITICAL

If the petitioner and respondent have minor children, complete the following section of the form.

3. If Petitioner and Respondent have minor children, complete the following:

CRITICAL

Applies to

Pretrial diversion order

A diversion order must state restitution if applicable, whether supervision applies and any applicable supervision fees, the diversion duration, and the required conduct 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) [conditions of probation-restitution], 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

Roster application

Applicants must complete and submit the application with relevant documentation to the Family Court Administrator.

Please complete the following application and submit this along with relevant documentation to the Warren Circuit Family Court Administrator.

CRITICAL

Applies to

Motion for stay

A military attorney’s duties include filing a motion to stay proceedings when the respondent’s military service materially affects the conduct of the defense.

The duties of a military attorney include the filing of a motion for stay of proceedings where the conduct of the military Respondent's defense is materially affected by reason of the Respondent's military service.

CRITICAL

Applies to

Order

A contempt order must include a short statement of the grounds for its issuance.

The order shall contain a short statement of the grounds for its issuance .

CRITICAL

Applies to

Personal identifier filing

Parties must tender an order sealing the unredacted copy that contains personal identifiers.

Parties shall also tender an order sealing the unredacted copy with the unredacted copy of the pleading, document, or exhibit containing personal identifiers.

CRITICAL

Applies to

Preliminary or final verified disclosure statement

Complete every section of the disclosure statement.

All sections must be completed.

CRITICAL

Applies to

AOC Form DNA 12

At the dispositional and six-month FCRPP 30 hearings, the Cabinet must provide the required FCRPP 28 information using AOC Form DNA-12.

At the dispositional hearing and the FCRPP 30 hearing (6 month), the Cabinet for Health and Family Services shall provide the court and all parties with the information required pursuant to FCRPP 28 by completing AOC Form DNA-12.

CRITICAL

Applies to

Preliminary or final verified disclosure statement

Attach pay stubs with the year-to-date earnings information.

My year to date earnings are _____ (attach pay stubs)

CRITICAL

Applies to

Motion

A motion seeking a show cause order in a contempt proceeding must be supported by a sufficient affidavit showing the applicant is entitled to the order.

A motion supported by a sufficient affidavit showing that applicant is entitled to the order must be filed .

CRITICAL

Applies to

Motion for compensation

A motion for compensation must be accompanied by an affidavit detailing the appointment basis, hours and requested fee, and conclusion and disposition date.

Motions for compensation shall be accompanied by an affidavit detailing: - A. The statutory basis for appointment; - B. The hours of service rendered and the hourly fee requested; and - C. That the action or proceeding has been concluded and date of disposition.

CRITICAL

Applies to

Case data information sheet

In cases involving minor children, the Case Data Information sheet must be fully completed, and petitioner's counsel must give the clerk two additional copies for distribution.

A Case Data Information sheet on Form AOC-FC-3 must be fully completed in cases involving minor children. The Petitioner's counsel shall also provide the Clerk of the Court with two additional copies of the Case Data Information sheet (Form AOC-FC-3) referenced above for distribution to the Cabinet for Health and Family Services and to the County Attorney.

CRITICAL

Applies to

Roster application

Attorneys applying must be willing to serve in any or all Family Court jurisdictions.

(Attorneys must be willing to serve in any or all jurisdictions of the Family Court).

CRITICAL

Applies to

Motion

A request for an order releasing confidential video records requires a written motion stating the request’s purpose and 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 of the request.

CRITICAL

Applies to

Motion

Each motion requesting an evidentiary hearing must include its legal grounds and authority.

Each motion shall include the legal grounds and authority for the requested hearing.

CRITICAL

Applies to

Motion for attorney fees

A party relying on a writing to establish entitlement to attorney's fees must attach a copy with the applicable portion highlighted.

When a party seeking an award of an attorney's fee relies upon a writing to establish entitlement to the fee, a copy of the writing shall be attached with the applicable portion highlighted.

CRITICAL

Applies to

Request for coverage

A coverage request must state whether it covers the entire proceeding or selected portions, be in writing, be addressed to the presiding judge, and be filed with the court administrator at the Warren County Justice Center.

Requests for coverage shall be filed not later than four (4) business days prior to commencement of the trial or other proceeding ("proceeding") sought to be covered, and shall specify whether the request applies to the entire proceeding or only selected portions thereof. Requests for coverage shall be in writing, addressed to the presiding judge, and filed with the court administrator in the Warren County Justice Center.

CRITICAL

Applies to

Preliminary or final verified disclosure statement

Identify expected lay witnesses and the issues on which they are expected to testify.

Name the lay witnesses (non-experts) you expect to call at trial and the issues you expect them to testify about (i.e. friends, family members, etc...):

CRITICAL

Applies to

Tendered order

A tendered order must state the relief granted in its heading and list in the lower left corner all attorneys who should receive copies; it must also include the complete address of any out-of-town attorney or pro se litigant.

Tendered orders shall bear headings designating the relief granted and shall designate in the lower left corner all attorneys to whom copies shall be sent. If the attorney is from out of town or is a pro se litigant, their complete address must be listed in the tendered order.

CRITICAL

Applies to

Pleading

Pleadings must provide the personal identifying information required by the specified Kentucky statutes.

All pleadings must comply with the requirements of KRS Chapters 205, 403, 405, 406 and 407 by providing the personal identifying information required in those chapters.

CRITICAL

Applies to

Motion for hearing

A motion for a hearing must be accompanied by the affidavit.

The motion for a hearing shall be accompanied by the affidavit...

CRITICAL

Applies to

Removal report

If the committee removes an attorney from the roster, it must prepare a written report and forward it to the Court under seal, without filing it in a juvenile or other court action.

If a sanction of removal from the roster is made by the committee, a written report shall be made and forwarded to the Court under seal and not filed in any juvenile action or other court action.

CRITICAL

Applies to

Mediation agreement

Any agreement reached during mediation must be written and signed by the parties; the parties draft it, though the mediator may assist with their consent.

If an 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 of the parties.