Warren Circuit Court Document Filing Requirements

CRITICAL

Applies to

Order

Entries in the order’s boxes should be complete, legible, and correct because errors may prevent entry into LINK.

Ensure entries in boxes are complete and legible. Without correct information in each box, order MAY NOT be entered into LINK.

CRITICAL

If the petitioner's husband or wife is the child's biological parent, that parent must be named as a party defendant.

If yes, then the biological parent shall be named as a party defendant

CRITICAL

Applies to

Final hearing submission

If the Court requires revisions, the Petitioner must tender revised findings and a separate revised judgment within three business days after the Final Hearing.

Should the Court require revisions, the Petitioner shall tender a revised Findings of Fact and Conclusions of Law and a separate Judgment of Adoption or Termination of Parental Rights within three (3) business days following the Final Hearing for the Court's entry.

CRITICAL

Applies to

Order of dismissal

If a settled case was scheduled for trial, the dismissal order must state the trial date and that the date is remanded from the court's docket.

If the case which is settled has been scheduled for trial, then the order entered dismissing the case as settled shall state when the case is set for trial and that said trial date is remanded from the court's docket.

CRITICAL

Applies to

Protection order

Ensure entries in boxes are complete and legible. Without correct information in each box, order MAY NOT be entered into LINK.

Ensure entries in boxes are complete and legible. Without correct information in each box, order MAY NOT be entered into LINK.

CRITICAL

Applies to

Roster application

Applicants must attach relevant documentation, including proof of completing Guardian ad Litem training, to the roster application.

Attorneys shall attach to the application any relevant documentation, including proof of completion of a Guardian ad Litem training. See Appendix A-7.

CRITICAL

Applies to

Mediation issue statement

Counsel or an unrepresented party must provide the mediator, at least five days before the mediation conference, a short statement defining the issues and briefly describing any special problems affecting the case.

- 2. Counsel for each party or a party, if unrepresented by counsel, shall no less than five (5) days prior to the mediation conferences, provide the mediator with the following documents: - (a) A short statement, including definition of the issues to be addressed by the mediator and a brief narrative statement of any special problems affecting the case (e.g. closely held corporation, medical problems of any family member, etc.) - (b) All information and copies of all documents requested by the mediator prior to the mediation conference.

CRITICAL

Applies to

Preliminary or final verified disclosure statement

Provide identifying details, a brief description, and current status for cases or agency matters in which you were a party within the last year.

Please give the style of the case, the case number, name of the Court or administrative agency for any case you are a party to or have been a party to within the last year, as well as a brief description of the nature of the case and the present status:

CRITICAL

Applies to

Statement of objections

A statement of objections must include the grounds for the objections.

A statement of objections to the coverage requested, together with the grounds therefor, shall be filed

CRITICAL

Applies to

Order for attorneys fees

For appointments under KRS 620.100, the Guardian ad Litem and court-appointed counsel must submit an Order for Attorneys Fees using Finance and Administration form FINGAL-1.

For appointments pursuant to KRS 620.100 the Guardian ad Litem and Court-appointed counsel shall submit an Order for Attorneys Fees on Finance and Administration form FINGAL-1.

CRITICAL

Counsel must stipulate to as much income information as possible.

Counsel shall stipulate as much income information as possible.

CRITICAL

Applies to

Protective order summons

All boxes on the summons must be completed legibly and correctly or the summons may not be entered into LINK.

Ensure all information in BOXES is complete and legible. Without correct information in each box, summons may not be entered into LINK.

CRITICAL

Applies to

Maintenance motion

Motions for temporary maintenance must comply with the cited rules and statutes, and the applicable motion must include an affidavit or verified petition stating the amount requested.

A motion for temporary maintenance shall comply with the requirements of FCRPP 5(1) and 5(2). Any motion for temporary maintenance, or when permanent maintenance is an issue, shall be in strict compliance with KRS 403.160, or KRS 403.150(2)(e) & (f), including the appropriate affidavit or verified petition setting forth the amount requested.

CRITICAL

Applies to

Motion

A motion to submit an agreed dissolution for decree must contain the listed dates, documents, sworn deposition, waivers, affidavit, and any written name-restoration request, subject to the stated exceptions.

The motion shall contain the following information and attachments pursuant to FCRPP 3(1)(a)(i): - (1) The date of marriage and separation; - (2) The date the petition for dissolution was filed; - (3) The date the respondent was served or filed an entry of appearance; - (4) The dates the verified disclosures were filed unless otherwise waived by the court (if waived reference the date of the court's waiver order); - (5) If the parties have minor children of the marriage, and if ordered by the court, copies of certificates of completion of divorce education/parenting class by each party, unless previously filed (if so, indicate date of filing); - (6) A copy of the separation agreement, unless previously filed (if so, indicate date of filing); - (7) A written deposition executed under oath by either party setting forth testimony required at a hearing; - (8) A written waiver of the right to a hearing executed by both parties and an affidavit stating that the parties have lived apart for sixty (60) days, and that no material change in circumstances has occurred since the taking of proof (this requirement may be included in the separation agreement); and - (9) A request for name restoration, if any, in writing.

CRITICAL

Applies to

Adoption report

Agency placement does not remove the need for a KRS 199.510 report from the Cabinet or a designee chosen by the Cabinet or the Court.

Note – Placement by one of the above agencies does not alleviate the need of a report, as required by KRS 199.510, from the Cabinet or a designee chosen by the Cabinet or the Court.

CRITICAL

Applies to

Emergency petition

An emergency petition must be signed by the circuit clerk or another court-authorized individual who can provide and verify emergency petitions.

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

CRITICAL

Applies to

Preliminary or final verified disclosure statement

The attorney must designate whether the disclosure statement is preliminary or final.

(Attorney to designate Preliminary or Final)

CRITICAL

Applies to

Preliminary verified disclosure statement acknowledgement

A Preliminary Verified Disclosure Statement Acknowledgement must state that there are no other assets or debts beyond those listed in the petitioner’s statement.

Such Acknowledgement shall state that there are no other assets or debts other than those listed in the Petitioner's Preliminary Verified Disclosure Statement.

CRITICAL

Applies to

Discovery motion

Must include

certificate of conference

A discovery motion must include a Certificate of Counsel stating that counsel conferred but could not resolve the dispute; the certificate should detail their resolution attempts.

The moving party shall attach to the motion a Certificate of Counsel that counsel have conferred and that they have been unable to resolve their differences. The certificate should detail the attempts of counsel to resolve the dispute.

CRITICAL

Applies to

Motion

The motion must include the listed marriage, filing, service, disclosure, child-education, agreement, testimony, waiver, and name-restoration information or attachments, subject to the stated exceptions.

- (1) The motion shall contain the following information and attachments: - (i) The date of marriage and separation; - (ii) The date the petition for dissolution was filed; - (iii) The date the respondent was served or filed an entry of appearance; - (iv) The dates the verified disclosures were filed unless otherwise waived by the court (if waived reference the date of the court's waiver order); - (v) If the parties have minor children of the marriage, and if ordered by the court, copies of certificates of completion of divorce education/parenting class by each party, unless previously filed (if so, indicate date of filing); - (vi) A copy of the separation agreement, unless previously filed (if so, indicate date of filing); - (vii) A written deposition executed under oath by either party setting forth testimony required at a hearing; - (vii) A written waiver of the right to a hearing executed by both parties and an affidavit stating that the parties have lived apart for sixty (60) days, and that no material change in circumstances has occurred since the taking of proof (this requirement may be included in the separation agreement); - (ix) A request for name restoration, if any, in writing;

CRITICAL

Applies to

Final trial motion

After service has been perfected on all parties, counsel shall file a motion and schedule a final trial.

After service has been perfected on all parties, counsel shall file a motion and schedule a final trial.

CRITICAL

Applies to

Mediation agreement draft

When mediation produces an agreement or partial agreement, the parties or their attorneys must prepare a typed draft within five business days and forward it to the opposing side for review.

In cases where agreement or partial agreement is reached as to any matter or issue, including legal or factual issues to be determined by the Court, the attorneys and/or parties unrepresented by counsel shall prepare a typed draft of the agreement within five (5) business days following the mediation conference and shall forward same to the opposing attorney or party unrepresented by counsel for review.

CRITICAL

Applies to

Petition

Adoption and termination petitions must comply with the cited statutes and assert all mandatory allegations.

The petition shall be in strict compliance with KRS 199.490, 625.040 or 625.050, and counsel is directed to review said statutes to ensure that all mandatory allegations are properly asserted.

CRITICAL

Applies to

Termination of parental rights judgment

A Judgment of Termination of Parental Rights must include only the child's name.

The Judgment of Termination of Parental Rights shall include only the name of the child.

CRITICAL

Applies to

Parenting plan

CHFS must provide a suggested parenting plan and explain proposed visit restrictions after citing specific findings.

In addition, CHFS shall provide a suggested parenting plan, and after citing specific findings, an explanation of any proposed court-ordered restrictions to be placed on the visits. See WFCR 202E(2)

CRITICAL

Applies to

Medical records subpoena

Subpoenas for medical records must comply with KRS 422.300 et seq. and CR 45 et.seq.

Subpoenas for medical records shall be issued pursuant to KRS 422.300 et seq. and in accordance with CR 45 et.seq.

CRITICAL

Applies to

Motion

A motion seeking an order for a video of an in-chamber interview with a child must identify the requested portion and state the specific purpose of the request.

An individual requesting a judicial order must file a motion 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.

CRITICAL

Applies to

Default judgment motion

Motions for default judgment must comply with FCRPP 3(2), RWCC 408, and CR 55.01.

Motions for default judgment shall comply with FCRPP 3(2), RWCC 408 and CR 55.01.

CRITICAL

Applies to

Monthly child support obligations worksheet

Each party must provide the Family Court with a completed child-support worksheet immediately before a child-support hearing, consistent with the evidence the party intends to present.

Each party shall furnish to the Family Court immediately prior to any child support hearing a completed worksheet for Monthly Child Support Obligations conforming to the proof the party intends to introduce.

CRITICAL

Applies to

Motion

A motion must be filed in writing with the clerk before it may be docketed.

No motion shall be docketed unless filed in writing with the clerk.

CRITICAL

Applies to

Protective order petition

Protective-order petitions under KRS Chapters 403 or 456 must be accepted and filed with the court.

All petitions requested, completed and signed by persons seeking protection under KRS Chapter 403 or KRS Chapter 456 shall be made on form AOC-275.1, and shall be accepted and filed with the court. KRS 403.725, KRS 456.030.

CRITICAL

Applies to

Protective order summons

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 may be 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

Temporary child support motion

A motion to establish temporary child support must include the appropriate affidavit and tendered order and specifically state “good cause”; the adverse party may move for a hearing.

A KRS 403.160(2)(b) motion to establish temporary child support shall be accompanied with the appropriate affidavit, and tendered Order. See Appendix A-12. Any motion to establish temporary child support shall state with specificity "good cause" and shall not require a hearing, the adverse party may file a motion for a hearing pursuant to KRS 403.160(2)(b).

CRITICAL

Applies to

Mediator qualification verification

If the parties choose a mediator who is not court approved or certified, they must provide the mediator’s qualifications to the Mediation Review Committee for approval.

If the parties select a mediator that is not court approved or certified, then the parties shall provide verification of the qualifications of the mediator to the Mediation Review Committee designated in WFCR 707B for approval.

CRITICAL

Applies to

Review hearing request

A party requesting a review hearing must explain why it is necessary and attach any appropriate affidavits.

Any party may request the Court to conduct a review hearing at any time. The party requesting the review shall provide a clear statement of why a review hearing is necessary and attach any affidavits deemed appropriate.

CRITICAL

Applies to

Motion for rule of contempt

A motion for Rule of Contempt must state its factual basis and include an affidavit that sufficiently states that basis.

Motions for Rule of Contempt shall sufficiently set forth the factual basis for the motion and shall be accompanied by an affidavit sufficiently setting forth the factual basis for the motion.

CRITICAL

Applies to

Order

When parental rights are terminated, counsel must tender an order directing FCRPP 36 review hearings in the related juvenile proceeding, unless permanency has been obtained by the final determination.

If an Order terminating parental rights is entered, review hearings shall be conducted pursuant to FCRPP 36 in the related juvenile proceeding, and counsel in the termination action shall tender an Order to the Court to this effect. No such review shall be required if permanency has been obtained at the time of the final determination.

CRITICAL

Applies to

Preliminary or final verified disclosure statement

Identify expected expert witnesses and the issue each is expected to address.

Name the expert witnesses (doctors, accountants, etc...) you expect to testify for you at trial and the issue you expect them to address:

CRITICAL

Applies to

Answer or report

The military attorney’s required filing within 60 days must be either an answer for the respondent or a report explaining the inability to present a defense after careful examination.

Within sixty (60) days of the appointment, the military attorney shall either file an answer on behalf of the Respondent or a report stating that after careful examination of the case, the military attorney is unable to present a defense on behalf of the Respondent.

CRITICAL

Applies to

Final verified disclosure statement acknowledgement

A Final Verified Disclosure Statement Acknowledgement must state that there are no other assets or debts beyond those listed in the petitioner’s statement.

Such Acknowledgement shall state that there are no other assets or debts other than those listed in the Petitioner's Final Verified Disclosure Statement.

CRITICAL

Applies to

Temporary child support order

The order must state that it takes effect seven days after service unless the adverse party files a motion for a hearing within that period.

The order shall provide that the order becomes effective seven (7) days following service of the order and movant's affidavit upon the adverse party unless the adverse party, within the seven (7) day period, files a motion for a hearing before the court.

WARNING

Applies to

Certificate

Furthermore, a party not designated as the primary residential custodian may be denied visitation or co-parenting with their minor child until the party files a certificate of completion of the Parents Education Clinic.

Furthermore, a party not designated as the primary residential custodian may be denied visitation or co-parenting with their minor child until the party files a certificate of completion of the Parents Education Clinic.

WARNING

Applies to

Application

Applicants answering yes to any of the four previous questions must provide full details on a separate sheet.

(If your answer is yes to any of the four previous questions, please provide full details on a separate sheet, including any information you believe may be helpful to the Guardian ad Litem/Court-Appointed Counsel Committee in evaluating your application.)

WARNING

Applies to

Mediator fee explanation

Before mediation, the mediator must give the parties a written explanation of fees and related costs, including payment terms and the basis and amount of charges for the listed items.

1. A mediator shall give a written explanation of the fees and related costs, including time and manner of payment, to the parties prior to the mediation. The explanation shall include the basis for and amount of charges, if any, for: - a. Mediation sessions; - b. Preparation for sessions; - c. Travel time; - d. Postponement or cancellation of mediation sessions by the parties and the circumstances under which such charges will normally be assessed or waived; - e. Preparation of the parties' written mediation agreement if prepared by the mediator; and - f. All other items billed by the mediator.

WARNING

Applies to

Motion for relief

Attach a separate sheet of paper to list additional locations.

If you need to list additional locations, please attach separate sheet of paper.

WARNING

Applies to

Motion

During the term of the appointment, a GAL should monitor the implementation of court orders and determine whether service(s) ordered by the court for the child or the child's family are being provided in a timely manner and are accomplishing their purpose. If a GAL believes services are not being provided in a timely manner, or if he/she believes the family has failed to take advantage of these services, or if the GAL believes the services are not accomplishing their purpose, he/she should file a motion for appropriate relief. The GAL should assess whether the Cabinet for Families and Children is making reasonable efforts as defined in state and federal law and should challenge the adequacy of those efforts when appropriate.

During the term of the appointment, a GAL should monitor the implementation of court orders and determine whether service(s) ordered by the court for the child or the child's family are being provided in a timely manner and are accomplishing their purpose. If a GAL believes services are not being provided in a timely manner, or if he/she believes the family has failed to take advantage of these services, or if the GAL believes the services are not accomplishing their purpose, he/she should file a motion for appropriate relief. The GAL should assess whether the Cabinet for Families and Children is making reasonable efforts as defined in state and federal law and should challenge the adequacy of those efforts when appropriate.

WARNING

Applies to

Motion for relief

Attach a separate sheet of paper to list additional people who need protection.

If you need to list additional names, please attach separate sheet of paper.

WARNING

Applies to

Motion for relief

When seeking temporary child support, the petitioner should document both parents’ income at the hearing with these records if possible.

I will, if possible, document income of both parents at the hearing by producing income tax returns, paystubs or employer statements.

WARNING

Applies to

Pleadings and papers

A GAL should file all necessary pleadings and papers, and maintain a complete file with notes rather than relying upon court files.

A GAL should file all necessary pleadings and papers, and maintain a complete file with notes rather than relying upon court files.

WARNING

Applies to

Agreed action decree submission

In an agreed action, parties may seek a dissolution decree without a hearing by filing a motion or agreed order to submit for decree.

In an agreed action, a decree of dissolution may be obtained without a hearing by filing a motion or agreed order to submit for decree of dissolution of marriage.