Washington County Circuit Court, Kentucky Document Filing Requirements

CRITICALCriminal cases

Applies to

Administrative discharge affidavit

If the team determines administrative discharge is appropriate, staff must complete an Affidavit of Administrative Discharge and provide it to the judge.

If the Mental Health Court team determines that administrative discharge is appropriate, the Mental Health Court staff shall complete an Affidavit of Administrative Discharge to provide to the Mental Health Court judge.

CRITICAL

Applies to

Confidentiality agreement

Mental Health Court team members must sign a confidentiality agreement.

Due to the treatment component of Mental Health Court, team members shall sign a confidentiality agreement.

CRITICALCriminal cases

Applies to

Confidentiality agreement

Mental Health Court team members must sign a confidentiality agreement.

Due to the treatment component of Mental Health Court, team members shall sign a confidentiality agreement.

CRITICAL

Applies to

Order

Must include

proposed order

After a ruling, counsel must tender an order accurately stating the ruling, with a distribution list of everyone entitled to notice of entry and their service addresses.

Upon Ruling by the Court, counsel shall tender an Order to the Judge for entry which accurately states the ruling. To facilitate notice of entry pursuant to CR 77.04, all Orders shall contain a Distribution list of all persons entitled to notice of entry and their address for service as set out in the following example.

CRITICALCriminal cases

Applies to

Agreement of participation

All potential Mental Health Court participants must sign a written Agreement of Participation before eligibility is determined.

"Agreement of Participation" means the written agreement required to be signed by all potential Mental Health Court participants prior to the determination of eligibility for Mental Health Court.

CRITICALCriminal cases

Applies to

Mental Health Court documents listed in Section 18

Mental Health Court staff must file a copy of each listed document with the appropriate clerk for entry in the underlying criminal offense record.

Upon utilization of any of the following documents, a copy of such documents) shall be filed by the Mental Health Court staff with the appropriate court clerk for entry into the court record of the underlying criminal offense: a. Order referring to Mental Health Court; b. Notice of Eligibility; c. Order transferring to Mental Health Court; d. Affidavit of Violations; and e. Orders of Termination, graduation, or administrative discharge.

CRITICAL

Applies to

Default judgment motion

Cases subject to the FCRPP must also comply with its provisions, particularly FCRPP 3(1)(a)(i) and 3(2) concerning relief requested without a hearing.

Cases subject to the FCRPP must also comply with the provisions of FCRPP, including specifically FCRPP 3(1)(a) (i) and 3(2), pertaining to relief requested without a hearing.

CRITICAL

Applies to

Notice of termination

The judge must sign the Notice of Termination on the court-prescribed form, with a copy of the Affidavit of Violations attached.

A Notice of Termination shall be signed by the Mental Health Court judge on a form prescribed by the Mental Health Court, and a copy of the Affidavit of Violations shall be attached.

CRITICALCriminal cases

Applies to

Notice eligibility form

If a defendant refuses to sign the participation agreement, staff must notify the referring judge using the prescribed Notice Eligibility form.

If a defendant refuses to sign the Agreement of Participation, Mental Health Court staff shall notify the referring judge by utilizing the Notice Eligibility form prescribed by the Mental Health Court.

CRITICAL

Applies to

Agreement of participation

All potential Mental Health Court participants must sign a written Agreement of Participation before eligibility is determined.

"Agreement of Participation" means the written agreement required to be signed by all potential Mental Health Court participants prior to the determination of eligibility for Mental Health Court.

CRITICAL

Applies to

Pleading motion or other filed paper

Must include

case number

Every filed paper must identify the case and provide the signing attorney’s or party’s typed or printed name, address, telephone number, and email address; a rubber stamp is not a valid signature.

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. A rubber stamp shall not be deemed a signature either under this Rule or CR 11.

CRITICAL

Applies to

Medical reports and damages evidence

In personal-injury tort actions, the parties must be prepared to exchange discoverable medical reports, medical bills, or evidence of special damages.

In tort actions involving personal injury, be prepared to exchange such medical reports and copies of medical bills or evidence of special damages as are subject to discovery under the Rules of Civil Procedure;

CRITICALCriminal cases

Applies to

Commonwealth recommendation

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

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

CRITICAL

Applies to

Affidavit of administrative discharge

When the team determines administrative discharge is appropriate, Mental Health Court staff must complete an Affidavit of Administrative Discharge and provide it to the judge.

If the Mental Health Court team determines that administrative discharge is appropriate, the Mental Health Court staff shall complete an Affidavit of Administrative Discharge to provide to the Mental Health Court judge.

CRITICALCriminal cases

Applies to

Notice of eligibility form

After completing the assessment, staff must complete the prescribed Notice of Eligibility form.

After completing the assessment, Mental Health Court staff shall complete a Notice of Eligibility form on a form prescribed by the Mental Health Court.

CRITICAL

Applies to

Ineligibility notice form

For an ineligible defendant, staff must notify the referring judge in writing on the court-prescribed form.

If a defendant is determined to be ineligible for Mental Health Court, Mental Health Court staff shall inform the referring judge in writing using the form prescribed by the Mental Health Court.

CRITICALCriminal cases

Applies to

Notice of termination

The circuit court clerk must file the Notice of Termination in the office record and serve notice of it on the parties, their attorneys, and probation and parole.

The Notice of Termination shall be filed in the office record by the circuit court clerk, who shall serve notice of the Notice of Termination on the parties, their attorneys, and probation and parole.

CRITICAL

Applies to

Judgment of adoption

The Judgment of Adoption must contain only the petitioners' names and the child's proposed adopted name, and must not include the child's former name or birth parents' names.

Does the tendered Judgment only contain the names of child? KRS 199.520(1)* *Note: The child's former name or the names of the child's birth parents are not to be included in the Judgment of Adoption.

CRITICAL

Applies to

Notice of termination

A Notice of Termination may be signed by the Mental Health Court judge on a form prescribed by the Mental Health Court, and a copy of the Affidavit of Violations shall be attached.

A Notice of Termination may be signed by the Mental Health Court judge on a form prescribed by the Mental Health Court, and a copy of the Affidavit of Violations shall be attached.

CRITICALCriminal cases

Applies to

Notice of termination

The circuit clerk must file the Notice of Termination in the official record.

The Notice of Termination shall be filed in the official record by the circuit clerk.

CRITICAL

Applies to

Motion for final adoption hearing

Before filing a motion for a final adoption hearing, counsel must review Exhibit A and certify specified information about the parties, parental consent, and termination of parental rights or an applicable exception.

Prior to filing a motion for a final hearing for entry of a decree of adoption, counsel shall review the Checklist attached as Exhibit A to these rules and certify the following: The date and method by which all necessary parties were brought before the court, and The date of the voluntary consent of each parent, the certified order terminating parental rights, or an affidavit establishing an exception under KRS 199.500(1) (a)-(d) or 199.502.

CRITICAL

Applies to

Termination of parental rights order

Every order terminating parental rights must include scheduling for the 90-day and first annual case reviews.

Every order terminating parental rights shall include a scheduling order for the 90 day and first annual review of the case pursuant to FCRPP 36.

CRITICAL

Applies to

Notice of termination

The circuit court clerk must file the Notice of Termination in the office record.

The Notice of Termination shall be filed in the office record by the circuit court clerk, who shall serve notice of the Notice of Termination on the parties, their attorneys, and probation and parole.

CRITICALCriminal cases

Applies to

Notice of termination and affidavit of violations

The circuit clerk must file the Notice of Termination and Affidavit of Violations in the official record and serve notice of the termination on the parties, their attorneys, and probation and parole.

The Notice of Termination and Affidavit of Violations shall be filed in the official record by the circuit clerk, who shall serve notice of the notice of termination on the parties, their attorneys, and probation and parole.

CRITICAL

Applies to

Affidavit

An affidavit detailing the expenses paid by the adoptive parents must be submitted to the court for approval.

Has an affidavit detailing a list of expenses paid by the adoptive parents been submitted to the court for approval?

CRITICALCriminal cases

Applies to

Order transferring case

After admission is determined and the defendant accepts, the referring judge must complete an order transferring the case to Mental Health Court.

Upon a determination of admission to Mental Health Court, and upon the defendant's acceptance of the offer to enter Mental Health Court, the referring judge shall complete an order transferring the case to Mental Health Court.

CRITICAL

Applies to

Written instructions

Before the pretrial conference, the parties must submit written instructions incorporating their understanding of the issues and the law.

Submit written instructions incorporating the parties' understanding of the issues and the law;

CRITICAL

Applies to

Continuance motion

A motion for a continuance must state the original trial date.

Continuance shall state the date of the original trial date.

CRITICAL

Applies to

Agreement of participation

Staff must request that an eligible defendant sign the prescribed Agreement of Participation; refusal requires notice to the referring judge on the prescribed form and makes the defendant ineligible to participate.

If a defendant is determined to be eligible for assessment, Mental Health Court staff shall thoroughly explain Mental Health Court and the Agreement of Participation to the defendant and request that the defendant sign the Agreement of Participation on a form prescribed by the Mental Health Court, with or without the presence of the defendant's attorney. If a defendant refuses to sign the Agreement of Participation, Mental Health Court staff shall notify the referring judge by utilizing the Notice Eligibility form prescribed by the Mental Health Court. Refusal by the defendant to sign the Agreement of Participation shall render him or her ineligible to participate in Mental Health Court.

CRITICALCriminal cases

Applies to

Ineligibility notice form

If a defendant is ineligible, staff must inform the referring judge in writing using the prescribed form.

If a defendant is determined to be ineligible for Mental Health Court, Mental Health Court staff shall inform the referring judge in writing using the form prescribed by the Mental Health Court.

CRITICALCriminal cases

Applies to

Order of diversion

An Order of Diversion must include the specified restitution, supervision, duration, and defendant-compliance terms.

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 & 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

Written order of referral

A judge’s written referral order is required before Mental Health Court staff determine eligibility for assessment.

Upon receipt of a written order of referral from a judge, Mental Health Court staff shall determine whether a person is eligible for assessment using the following criteria.

CRITICAL

Applies to

Notice of termination by administrative discharge

If the judge agrees with the accommodation, the judge must complete the administrative-discharge Notice of Termination on a Mental Health Court-prescribed form and refer the case back to the appropriate circuit or district.

If the Mental Health Court judge agrees with the accommodation, the Mental Health Court judge shall complete a Notice of Termination by administrative discharge on a form prescribed by the Mental Health Court and refer the case back to the appropriate circuit or district.

CRITICAL

Applies to

Termination order

If parental rights have been terminated, certified copies of the termination order must be filed as required by KRS 199.490(2).

_Yes _No Have parental rights been terminated? of the termination order been filed as required? KRS _Yes No If yes, have certified copies 199.490(2)

CRITICAL

Applies to

Notice of termination

The circuit clerk must file the Notice of Termination in the official record.

The Notice of Termination shall be filed in the official record by the circuit clerk.

CRITICAL

Applies to

Notice of termination and affidavit of violations

The circuit clerk must file the Notice of Termination and Affidavit of Violations in the official record and serve notice of termination on the parties, their attorneys, and probation and parole.

The Notice of Termination and Affidavit of Violations shall be filed in the official record by the circuit clerk, who shall serve notice of the notice of termination on the parties, their attorneys, and probation and parole.

CRITICAL

Applies to

Adoption petition

The adoption petition must contain the listed information, with the stated qualifications and exception for a father's name when certified termination orders are filed.

Does the petition contain the necessary information? KRS 199.490 • Name, date/place of birth, residence, mailing address Name, date/place of birth, residence, mailing address of petitioner; if married, date and place of marriage. (if known) of child. Relationship, if any, of child to each petitioner. Full name by which child shall be known after adoption. Description of property, if any, of child as far as it is known to petitioner. • Names of parents, address of each living parent if known. Name of father born out of wedlock not given if certified TPR orders are filed. • Name and address of child's guardian, or of the • Further facts necessary for location of person whose cabinet/other agency/individual with custody. consent to adoption is required or whom KRS 199.480 • If any of the above is unknown, the lack of knowledge requires be made a party. shall be alleged.

CRITICAL

Applies to

Affidavit of violations

If the judge agrees with the termination recommendation, Mental Health Court staff must file a written Affidavit of Violations using the court-prescribed form.

If the Mental Health Court judge agrees with the recommendation of termination, Mental Health Court staff shall file a written Affidavit of Violations on a form prescribed by the Mental Health Court requesting the judge to terminate the participant from Mental Health Court.

CRITICAL

Applies to

Adoption filings

The petitioner is to tender proposed Findings of Fact and Conclusions of Law and a separate Judgment of Adoption.

Has the petitioner tendered a proposed Findings of Fact and Conclusions of Law, and a separate Judgment of Adoption?

CRITICAL

Applies to

Motion and correspondence

Must include

case number

All motions and correspondence must include the case number, parties’ names, date, and motion type designation.

All motions and correspondence shall include the case number, the names of the parties, the date, and a designation of the type of motion.

CRITICAL

Applies to

Protective order petition

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

B. 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

Proposed scheduling order

A party seeking a civil jury trial date must confer with all other counsel and tender a proposed scheduling order addressing discovery, witness-list exchange, and pretrial memoranda before the conference date.

A party desiring assignment of a civil jury trial date shall confer with all other exchange witness lists, and file the pretrial memoranda set out in Rule 702 prior counsel and tender a proposed scheduling order to complete discovery, C. to a Pretrial Conference date set out in the proposed order.

CRITICALCriminal cases

Applies to

Notice of termination

If the judge agrees with the accommodation, the judge must complete a Notice of Termination by administrative discharge and refer the case to the appropriate circuit or district.

If the Mental Health Court judge agrees with the accommodation, the Mental Health Court judge shall complete a Notice of Termination by administrative discharge on a form prescribed by the Mental Health Court and refer the case back to the appropriate circuit or district.

CRITICAL

Applies to

Default judgment motion

Every motion for default judgment must include a certificate stating the amount due and a military affidavit.

All motions for default judgment must include a certificate of the amount due and a military affidavit.

CRITICAL

Applies to

Pretrial statement

Parties claiming damages must itemize them and identify damages calculable from objective data.

All parties making claims for damages shall itemize their claimed damages, and shall specify those damages which can be calculated from objective data.

CRITICALCriminal cases

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

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

Response memorandum

A party properly served with a motion and supporting memorandum must file a response memorandum stating grounds for opposition and citing supporting authorities.

Any party properly served with a motion accompanied by a memorandum of grounds and authorities shall file a response containing a memorandum of grounds opposing the motion, with citation of supporting authorities, not greater than 25 pages in length.

CRITICALCriminal cases

Applies to

Assessment form

After the defendant executes the participation agreement, staff must complete the assessment using the prescribed form.

Upon execution of the Agreement of Participation by the defendant, Mental Health Court staff shall complete an assessment on a form prescribed by the Mental Health Court.

CRITICALCriminal cases

Applies to

Affidavit of violations

If the judge agrees with the termination recommendation, Mental Health Court staff must file a written Affidavit of Violations on the prescribed form.

If the Mental Health Court judge agrees with the recommendation of termination, Mental Health Court staff shall file a written Affidavit of Violations on a form prescribed by the Mental Health Court requesting the judge to terminate the participant from Mental Health Court.

CRITICAL

Retained trial counsel is responsible for preparing and filing the listed appeal documents for a defendant appealing a conviction.

it shall be the responsibility of retained trial counsel for any defendant who is to appeal a judgment of conviction. Before counsel to prepare and file the following: Notice of appeal pursuant to RCr 12.04, Order directing preparation of transcript, and/or Motion, affidavit, and order for leave to appeal in forma pauperis, 4. Order substituting the public defender's office as counsel on appeal.