Warren Circuit Court Document Filing Requirements

CRITICAL

Applies to

Motion notice

The movant must give notice that the motion proceeds under CR 78(2), warn that it may routinely be granted ten days after filing unless a response is filed, and use substantially the stated form.

The movant shall give notice that the motion is made under CR 78(2) and shall direct the attention of the opposing attorney (or party if there is no attorney) to the fact that under this local rule the motion may be granted routinely by the court ten (10) days after filing unless a response is filed . The notice shall be substantially in the following form: The foregoing motion is submitted to the court for decision pursuant to CR 78(2) . This motion will routinely be granted by the court in ten (10) days unless a response is filed . The moving party has an affirmative duty to notify the clerk that its motion has been filed pursuant to CR 78(2).

CRITICAL

Applies to

Summons

When 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

Order

If the related juvenile action is pending outside Warren County, the order regarding the FCRPP 36 review hearing must be forwarded to the court presiding over that action.

If the juvenile action is pending in a venue outside of Warren County, the Order regarding the FCRPP 36 review hearing shall be forwarded to the Court presiding over the related juvenile action.

CRITICAL

Applies to

Motion

A motion that does not require an evidentiary hearing must include the specified wording in its style and heading.

Specify in the style and heading of the pleading "This Motion Does Not Require An Evidentiary Hearing."

CRITICAL

Applies to

Scheduling order

If the parties do not obtain entry of the scheduling order within 60 days, they must comply with FCRPP 2(6).

- d. If the parties have not obtained entry of a Scheduling Order Regarding Discovery, Amendment of Pleadings, Experts and Mediation within the required 60 days, they shall comply with FCRPP 2(6).

CRITICAL

If the action is agreed, the parties must sign to indicate that they have seen and agreed.

If the action is agreed, the parties shall sign as have seen and agreed:

CRITICAL

Applies to

Updated financial disclosure statement

Counsel or an unrepresented party must file an updated financial disclosure statement at least five days before the mediation conference and provide a copy to the mediator.

- 1. Counsel for each party or a party, if unrepresented by counsel, shall file, no less than five (5) days prior to the mediation conference, an updated financial disclosure statement, a copy of which shall be provided to the mediator.

CRITICAL

Applies to

Uniform child support order

For any child support order or modification, the moving party must draft, file, and mail the appropriate AOC Form-152 Uniform Child Support Order.

It shall be the responsibility of the moving party to draft, file and mail the appropriate Uniform Child Support Order form propounded by the AOC Form-152 for any child support order or modification.

CRITICAL

Applies to

Pretrial diversion application

The application process requires counsel to state, and the defendant to agree on the record, that a grant of diversion waives the right to a speedy trial or disposition.

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

CRITICAL

Applies to

Motion

The filing party's counsel must include the specified wording in the style and heading of a motion requiring an evidentiary hearing.

Counsel for the party filing a motion requiring an evidentiary hearing shall specify in the style and heading of the pleading "This Motion Requires An Evidentiary Hearing."

CRITICAL

Applies to

Emergency petition

The emergency petition must be signed by a circuit clerk or another court-authorized individual.

*Must be signed by circuit clerk or other individual authorized by Court to provide and verify emergency petitions.

CRITICAL

If the petitioner is married, the spouse must be joined unless the Court finds joinder would deny the child a suitable home.

If yes, the spouse of the petitioner must be joined unless the Court finds doing so will deny the child a suitable home

CRITICAL

Applies to

Motion for attorney fees

Each motion for attorney's fees must include counsel's detailed affidavit identifying services, dates, service providers, hours, total hours, and suggested hourly compensation.

All motions for an attorney's fee shall be accompanied by an affidavit of counsel setting forth in detail the dates of the services rendered, the exact nature of the service rendered on each date, the names of the person rendering the service (if paralegal or someone other than counsel of record), and number of hours (or fractions thereof) rendered by each person for service rendered on each date. The number of hours shall be totaled, and a suggested reasonable amount of compensation per hour shall be set forth.

CRITICAL

Applies to

Income documentation

A self-employed respondent must produce receipts and expense statements.

If you are self-employed, you must produce receipts and expense statements.

CRITICAL

Applies to

Preliminary or final verified disclosure statement

The disclosure statement's required attachments include three recent pay stubs from each employer, the complete last federal tax return, and the first page of the state tax return.

I have attached: - 1. My three most recent pay stubs from each employer - 2. A full and complete copy of my last Federal Tax Return - 3. First page of my State Tax Return

CRITICAL

Applies to

Preliminary or final verified disclosure statement

How many days do you expect this case to take? _____ hours _____ days

How many days do you expect this case to take? _____ hours _____ days

CRITICAL

Applies to

Final hearing submission

The Petitioner must tender proposed findings and conclusions and a separate adoption or termination judgment no later than three business days before the Final Hearing.

No later than three (3) business days prior to the Final Hearing, the Petitioner shall tender a proposed Findings of Fact and Conclusions of Law and a separate Judgment of Adoption or Termination of Parental Rights for entry by the Court.

CRITICAL

Applies to

Child support order

Use AOC 152 when child support is ordered.

(AOC 152 shall also be used if child support is ordered.)

CRITICAL

An attorney of record shall move for permission to withdraw as counsel for a party only (i) upon the attorney's written request with the written consent of the attorney's client and the entry of appearance of a substitute attorney of record, or (ii) upon the attorney's written request with notice to the client and a showing of good cause with the consent of the court and upon such terms as the court shall impose .

An attorney of record shall move for permission to withdraw as counsel for a party only (i) upon the attorney's written request with the written consent of the attorney's client and the entry of appearance of a substitute attorney of record, or (ii) upon the attorney's written request with notice to the client and a showing of good cause with the consent of the court and upon such terms as the court shall impose .

CRITICAL

Applies to

Status conference request

Either party may request a Status Conference, and the request must state specifically why the conference is sought.

- b. Either party may request the Court to schedule a Status Conference. Any such request shall state with specificity why the Status Conference is being requested.

CRITICAL

Applies to

Motion for attorney fees

The attorney-fee affidavit must identify the supporting authority and, for claims under KRS 411.195, show that the enforcing party paid or agreed to pay the fee.

The affidavit must also disclose the statute or other authority in support of the requested award of an attorney's fee. If the applicable statute is KRS 411 .195, then the affidavit must also contain a showing that the requested attorney's fee was actually paid, or was agreed to be paid, by the party enforcing the written obligation.

CRITICAL

Applies to

Statement of death

Counsel for a deceased party must file a statement of the fact of death and serve it on all parties under the Kentucky Rules of Civil Procedure.

If a party dies during the pendency of an action, counsel representing the decedent shall notify all parties of the death by service of a statement of the fact of the death to be filed of record and served pursuant to the Kentucky Rules of Civil Procedure .

CRITICAL

Applies to

Roster application

The application must list two unrelated people familiar with the applicant’s relevant skills.

Please list two persons, not related to you, who are familiar with the skills you have that will make you a successful guardian ad litem/court-appointed counsel.

CRITICAL

Applies to

Pleading

Must include

caption, judge name, case number

Pleadings filed in Family Court must use the applicable division's specified style and heading.

- C. The style and heading of all pleadings filed in Family Court shall be in accordance with the following, as applicable: COMMONWEALTH OF KENTUCKY 8th JUDICIAL CIRCUIT WARREN CIRCUIT COURT-DIVISION III FAMILY COURT MARGARET RYAN HUDDLESTON, JUDGE CIVIL ACTION NO. _____ COMMONWEALTH OF KENTUCKY 8th JUDICIAL CIRCUIT WARREN CIRCUIT COURT-DIVISION IV FAMILY COURT CATHERINE RICE HOLDERFIELD, JUDGE CIVIL ACTION NO. _____

CRITICAL

Applies to

Mediation agreement

The final typed agreement must be signed by all parties and their attorneys and filed within ten business days, unless the Court grants an extension.

A final typed draft of the agreement shall be completed, signed by all parties and their respective attorneys, and filed with the Court, within ten (10) business days unless an extension of time is granted by the Court.

CRITICAL

Applies to

Written waiver of counsel

A party who chooses to mediate without retained counsel must sign a written waiver before the sessions and notify counsel beforehand.

If a party has retained counsel prior to mediation, but the party chooses to enter into a mediation without the services of counsel, then the party shall sign and execute a written waiver of counsel prior to entering into any mediation sessions without counsel, while also providing notice to said counsel prior to the mediation sessions.

CRITICAL

Applies to

Motion

A motion requiring an evidentiary hearing must state the anticipated length of the hearing.

All motions requiring an evidentiary hearing shall state the length of time anticipated for the hearing.

CRITICAL

Applies to

Petition

The petition should be styled “In the interest of [child], a child.”

Is the petition styled In the interest of _____, a child? KRS 625.040(1)

CRITICAL

Applies to

Protective order summons

A self-employed respondent must produce receipts and expense statements at the court appearance.

If you are self-employed, you must produce receipts and expense statements.

CRITICAL

Applies to

Release

Releases must require information and documents provided in writing to the requesting party to be simultaneously transmitted to the other party at the requesting party's expense.

Such releases shall contain a provision directing that any information or documents provided in writing to the requesting counsel or pro se party shall simultaneously be transmitted to the other counsel or pro se party at the requesting party's expense.

CRITICAL

Applies to

Motion

Each motion must identify in its heading the relief sought and on whose behalf it is filed, and specify the requested court action and subject matter.

Each motion shall bear a heading designating the relief sought in the motion and on whose behalf the motion is filed. Each motion shall specify the action of the Court requested by the movant and the subject matter thereof.

CRITICAL

Applies to

Pretrial compliance

- a. At least thirty (30) days prior to trial, unless otherwise agreed by the parties or ordered by the Court, the Petitioner and the Respondent shall file a Pretrial Compliance, which addresses the following: - (1) A statement of the status of mediation; - (2) A concise statement of each general issue in dispute; - (3) Stipulated facts; - (4) Witnesses to be called; - (5) Exhibits to be introduced which shall be pre-marked for identification; - (6) List of marital property with values; - (7) List of non-marital property with reasons; - (8) List of marital debts with balances; and - (9) Proposed division of marital property and debts.

- a. At least thirty (30) days prior to trial, unless otherwise agreed by the parties or ordered by the Court, the Petitioner and the Respondent shall file a Pretrial Compliance, which addresses the following: - (1) A statement of the status of mediation; - (2) A concise statement of each general issue in dispute; - (3) Stipulated facts; - (4) Witnesses to be called; - (5) Exhibits to be introduced which shall be pre-marked for identification; - (6) List of marital property with values; - (7) List of non-marital property with reasons; - (8) List of marital debts with balances; and - (9) Proposed division of marital property and debts.

CRITICAL

Applies to

Interrogatory or admission response

Responses to interrogatories or requests for admission, and objections, must place the question or request immediately before the answer or objection.

When answering interrogatories or request for admissions, or in filing objections, the replying party shall include the question or the request made immediately preceding the answer or objection.

CRITICAL

Applies to

Notice of submission

When an action stands submitted for adjudication, counsel or unrepresented parties must file AOC Form 280 with the Judge, Warren Circuit Clerk, and Administrative Office of the Courts.

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

CRITICAL

Applies to

Child support order or decree

An order or decree providing support for a minor child must provide for an immediately effective wage assignment, unless good cause is shown, based on the employer’s wage-payment schedule and at least monthly.

Pursuant to KRS 403.215, any new or modified Order or decree which contains provisions for the support of a minor child or minor children shall provide for a wage assignment which shall begin immediately, except for good cause shown, and which shall be based upon the payment schedule of wages of the employer to whom the wage assignment is directed, and at a minimum, on a monthly basis.

CRITICAL

Applies to

Order for relief

Orders for relief must not require the petitioner to take affirmative action.

Pursuant to KRS 403.740 and KRS 456.060, any orders for relief issued directing or prohibiting any other actions that the court believes will be of assistance in eliminating future acts of domestic violence and abuse, dating violence and abuse, stalking, or sexual assault shall not order the petitioner to take any affirmative action.

CRITICAL

Applies to

Commonwealth recommendation

The Commonwealth must submit a written recommendation to the Court in response to each application.

The Commonwealth shall make a written recommendation to the Court in response to each application . KRS 533 .250(2).

CRITICAL

Applies to

Summons

The summons must explain the rights lost and lack of future notice upon termination, the need to respond immediately, and how to find hearing times and locations.

The summons in the action shall include a statement that termination of parental rights means loss of all rights to custody, co-parenting and communication with the child, and that if termination is granted, the parent will receive no notice of future legal proceedings concerning the child; an explanation of the need to respond immediately to the notice to prepare for trial because important hearings will take place prior to trial; and an explanation of how to find the time and place of hearings in the case.

CRITICAL

Applies to

Preliminary or final verified disclosure statement

Use this form only in response to AOC-238 or AOC-239.

**This form to be used only in response to AOC-238 or AOC-239**

CRITICAL

Applies to

Guardian ad litem fee submission

The Guardian ad Litem fee Motion and Affidavit must be filed promptly at the final hearing or before entry of the final judgment.

Guardian ad Litem fee Motion and Affidavit shall be promptly filed at the final hearing or prior to entry of the final judgment.

CRITICAL

Applies to

Petition for termination of parental rights

The Petition for Termination of Parental Rights must be filed with a motion to schedule final trial and an Order scheduling final trial.

Along with the Petition for Termination of Parental Rights, a motion to schedule final trial and Order scheduling final trial shall be filed with the Warren Circuit Clerk along

CRITICAL

Applies to

Motion for rule of contempt

The filing party must file a proposed Rule of Contempt citing applicable case law with the motion.

The party filing the Motion for Rule of Contempt shall file with the motion a proposed Rule of Contempt (previously referred to as "Show Cause Order") which cites the applicable case law.

CRITICAL

Applies to

Petition

The reviewing judge must indicate in the petition's “Court Action” section whether the action is a domestic violence action or an interpersonal protective order action.

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

Motion for subpoena and release order

The Family Court may issue subpoenas and accompanying release orders for psychiatric or other privileged records only on the requesting party’s motion, with notice to all parties and an opportunity to object.

Subpoenas and accompanying orders for release of psychiatric and other privileged records shall only be issued by the Family Court upon motion by the requesting party with notice to all parties and an opportunity for objection.

CRITICAL

Applies to

Mediation settlement order or judgment

Petitioner’s counsel must tender an order or judgment adopting the Mediation Settlement Agreement.

An Order or Judgment adopting the Mediation Settlement Agreement shall be tendered by petitioner's counsel.

CRITICAL

Applies to

Pleading motion or other filing

Must include

case number

Every pleading, motion, and other paper filed in the record 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 e-mail address of the attorney or party signing the paper.

CRITICAL

Applies to

Guardian ad litem report

If the Cabinet investigation is complete, a final hearing may be scheduled if the Guardian ad litem's report, if any, has been filed.

If yes, a final hearing may be scheduled if the report by the Guardian ad litem, if any, has been filed.

CRITICAL

Applies to

Certificate of completion

Parties ordered to attend the Parents Education Clinic must file their certificates of completion before the divorce proceeding concludes.

The parties shall file their certificates of completion prior to the conclusion of the divorce proceeding.

CRITICAL

Applies to

Juvenile petition

Petitions filed by non-Cabinet for Health and Family Service workers must comply with FCRPP 20 and be submitted to the Warren County Attorney for a legal-sufficiency check.

A. For Petitions filed by non-Cabinet for Health and Family Service workers, all petitions shall be filed in accordance with FCRPP 20 and shall be submitted to the Warren County Attorney, who shall check the petition for legal sufficiency.

CRITICAL

Applies to

Motion

A separate Scheduling Order must be tendered to the appropriate Clerk, who will schedule the hearing or request immediate review under the Domestic Violence Protocol.

A separate Scheduling Order shall be tendered to the appropriate Clerk who shall complete the Order by scheduling the motion for hearing according to the calendar established by the Family Court Judge or request immediate review by the Court in accordance with the Domestic Violence Protocol.