Washington County Circuit Court, Kentucky Document Filing Requirements

CRITICALCriminal cases

Applies to

Notice of termination

The circuit court 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 court clerk, who shall serve notice of the Notice of Termination on the parties, their attorneys, and probation and parole.

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

Pretrial order

If no pretrial order is entered at the conference, attorneys must prepare and submit one incorporating the court's rulings, party agreements or stipulations, and court-designated matters within ten days after the conference.

If a pre-trial order is not entered at the time of the Pre-Trial Conference, the attorneys shall be responsible for preparation and submission of a pretrial order, incorporating the Court's ruling, agreements or stipulations of the parties, and any matter designated by the Court, not later than ten days following the pre-trial conference.

CRITICAL

Applies to

Assessment and notice of eligibility

After the defendant executes the Agreement of Participation, staff must complete the prescribed assessment and Notice of Eligibility forms and submit them, along with pertinent information, to the Mental Health Court team before the defendant’s next scheduled court appearance.

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. After completing the assessment, Mental Health Court staff shall complete a Notice of Eligibility form on a form prescribed by the Mental Health Court. The assessment, the Notice of Eligibility form, and any other pertinent information regarding the defendant shall be completed and submitted to the Mental Health Court team prior to the defendant's next scheduled court appearance.

CRITICAL

Applies to

Notarized consent form

A notarized consent form is to be filed by the specified living parents unless an applicable statutory exception to consent applies.

Has a notarized consent form been filed? KRS 199.500* *Filed by living parents (married), mother and father if established. _Yes If notarized consent has not been filed, do any of the exceptions to consent apply? KRS 199.500(1) (a)-(d) or KRS 199.502

CRITICAL

Applies to

Motion for final adoption hearing

The adoption motion must state whether a guardian ad litem was appointed and the filing dates of the guardian ad litem and Cabinet for Health and Family Services reports.

The motion shall state whether a guardian ad litem was appointed, the date the guardian ad fitem report was filed, and the date the Cabinet for Health and Family Services report pertaining to the case was filed.

CRITICALCriminal cases

Applies to

Agreement of participation

For an eligible defendant, staff must explain the court and participation agreement and request that the defendant sign the prescribed form, with or without the defendant's attorney present.

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.

CRITICAL

Applies to

Transfer order

After admission is determined and the defendant accepts the offer, 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

Pretrial compliance statement

All parties must file pretrial compliance statements before the pretrial conference containing the required exhibit, witness, expert, claim, defense, and issue information.

Prior to the pre-trial conference, all parties shall file pre-trial compliance statements, which contain the following:

CRITICALCriminal cases

Applies to

Notice of termination

The judge must sign the Notice of Termination on the 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.

CRITICAL

Applies to

Discovery motion

Must include

certificate of conference

A discovery motion must include counsel’s certificate stating that counsel conferred and could not resolve the dispute; the certificate should detail their resolution attempts.

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

CRITICAL

Applies to

Merits motion

Motions going to the merits must be accompanied by a memorandum stating the grounds and citing the authorities relied upon.

All motions which go to the merits of the case, including motions to dismiss, motions for summary judgment, motions to strike, and motions under CR 12.02, shall be accompanied by a brief memorandum of the grounds for the motion with citation of authorities relied upon, not greater than 25 pages in length.

CRITICAL

Applies to

Mental health court documents

Mental Health Court staff must file a copy of each listed document with the appropriate clerk for 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

Request for order releasing video

The clerk may not release a video of an in-chambers child interview without a specific written order, and a request for that order must explain the purpose and identify the requested portion as such an interview.

The circuit court clerk shall not release any video in-chamber interviews with children without a specific written order of a Circuit Judge in compliance with FORPP 27. An individual requesting a judicial order must provide the Judge 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.

WARNING

Applies to

Summons

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

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

WARNINGCriminal cases

At staffing and monthly team meetings, the team must discuss admissions, sanctions, participant achievements and phase advancement, and other pertinent Mental Health Court issues.

At a Mental Health Court staffing and at the monthly team meeting, the Mental Health Court team shall discuss the following: a. Whether to admit potential participants into Mental Health Court; b. Appropriate sanctions for violations by current participants; c. Achievements and phase advancement of participants who will appear at the Mental Health Court session; and, d. Other pertinent issues relating to Mental Health Court.

WARNINGCriminal cases

Applies to

Termination form

If the judge finds the termination request knowing and voluntary, the judge may terminate the participant using a form prescribed by the Mental Health Court.

If the Mental Health Court judge determines that the request is knowingly and voluntarily made, the Mental Health Court judge may terminate the participant from Mental Health Court on a form prescribed by the Mental Health Court and refer the case back to the appropriate circuit or district.

WARNINGCriminal cases

Applies to

Affidavit of violations

After a participant has absconded for at least ten working days, Mental Health Court staff may complete an Affidavit of Violations on the prescribed form.

In the case of a participant who has absconded for a period of at least ten working days, Mental Health Court staff may complete an Affidavit of Violations on a form prescribed by the Mental Health Court.

WARNING

Applies to

Mediator report

The mediator must report the mediation’s status and outcome to the court and, with the parties’ consent, may identify matters that could facilitate settlement.

The mediator shall report to the court that the mediation has not occurred, has not been completed, or that the mediation has been completed with or without an agreement on any or all issues. With the consent of the parties, the mediator may also identify those matters which, if resolved or completed, would facilitate the possibility of a settlement.

WARNINGCriminal cases

Applies to

Notice of termination

For a participant who has absconded for at least ten working days, the judge may sign a Notice of Termination on the prescribed form, and a copy of the Affidavit of Violations must 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.

WARNING

Applies to

Trial brief

The Court may require a trial brief summarizing the facts and law on which the parties rely and set its filing time in the pretrial order.

the pre-trial a short memorandum of the facts and law on which they will rely, and fix the time conference. The Court may require the parties to submit a trial brief consisting of for filing such briefs in the pre-trial order.

INFO

The mediator may require the parties to submit a confidential case statement or other materials reasonably appropriate for conducting the mediation conference.

The mediator may meet with the submit a confidential statement of the case or other materials that the mediator may a procedure for the mediation conference. The mediator may require the parlies to reasonably believe appropriate for efficiently conducting the mediation conference.

INFO

Applies to

Termination form

If the judge finds the request knowing and voluntary, the judge may terminate the participant using a court-prescribed form and refer the case back to the appropriate circuit or district.

If the Mental Health Court judge determines that the request is knowingly and voluntarily made, the Mental Health Court judge may terminate the participant from Mental Health Court on a form prescribed by the Mental Health Court and refer the case back to the appropriate circuit or district.

INFO

Applies to

Affidavit of violations

If a participant has absconded for at least ten working days, Mental Health Court staff may complete an Affidavit of Violations using the court-prescribed form.

In the case of a participant who has absconded for a period of at least ten working days, Mental Health Court staff may complete an Affidavit of Violations on a form prescribed by the Mental Health Court.

INFO

Applies to

Notice of filing verified disclosure forms

A notice may be filed to show that a verified disclosure form was delivered to the other party without attaching the form.

Notice of Filing of Verified Disclosure Forms may be filed to establish in the record that the disclosure form has been delivered to the other party without attaching the actual disclosure form to protect the privacy of the parties.

INFOCriminal cases

Applies to

Order of diversion

An Order of Diversion may include the listed drug, conduct, weapon, payment, and asset-forfeiture conditions.

The Order of Diversion may include : 1. That the petitioner remain drug and alcohol free and be subject to random testing. 2. That the petitioner have no violation of the Penal Code or the Controlled Substances Act. 3. That the petitioner possess no firearm or any other deadly weapon. 4. That the petitioner make a payment to a local community program as allowed by statute and deemed appropriate by the Court. 5. That the petitioner forfeit certain assets to the appropriate governmental agency as allowed by statute if it is deemed appropriate by the Court .

INFO

Applies to

Termination petition

Participants may petition the Mental Health Court judge to terminate their participation.

Participants may petition the Mental Health Court judge for termination from Mental Health Court.

CRITICAL

The adoption motion must be accompanied by proposed findings of fact and conclusions of law and a separate Judgment of Adoption.

A copy of the proposed findings of fact and conclusions of law and a separate Judgment of Adoption shall accompany the motion.