Wayne County Circuit Court, Kentucky Document Filing Requirements

CRITICAL

Applies to

Motion to set for trial

A motion to set a case for trial must certify that the case will be ready for trial by the trial date.

Motions to set a case for trial may be made on any Rule Day and shall contain a certification that the case will be ready for trial by the trial date.

CRITICAL

Applies to

Interrogatories and requests for admission

Interrogatories, their responses, requests for admission, and their answers or objections must be filed on the record with the Circuit Clerk.

Pursuant to these local rules, all interrogatories and responses thereto and all requests for admission and answers or objections thereto shall be filed on record in the office of the Circuit Clerk.

CRITICAL

Applies to

Domestic violence petition

A verified Domestic Violence Petition must bear the petitioner’s signature and the administering person’s signature and office position.

Any above authorized person who comes in receipt of a completed Domestic Violence Petition is authorized to administer an oath affirming the truthfulness of the contents of the petition, to the person completing same, and shall have said person sign their name to the said petition. The person so administering said oath shall also affix their signature and office position to said petition in witness and in verification of said oath.

CRITICAL

Applies to

Hearing notice

The notice served on opposing parties must state the hearing's time, date, and place.

The time, date, and place of the hearing shall be included in the notice served upon the opposing parties.

CRITICAL

Applies to

Sworn disclosure statement

The petitioner’s sworn disclosure statement must list marital property and values, debts and amounts, claimed non-marital property and the basis for each claim, each party’s income, and other information the petitioner believes will assist in property disposition.

The petitioner shall file a sworn disclosure statement within 15 days after the filing of the Petition for Dissolution of Marriage and it shall include an itemized listing of all marital property and its value, all debts and the amounts, all property claimed as non-marital and the basis of the claim, the income of each party and other information the petitioner may believe will assist in making a proper disposition of the property.

CRITICAL

Applies to

Pre trial statement

All exhibits which may be used at trial shall be listed and copies, if feasible, shall be attached to the pre-trial statement. All exhibits which cannot be attached to the pre-trial statement shall be made available for inspection by opposing counsel at a convenient location designated in the pre-trial statement. All witnesses and expert witnessed who may be used at trial shall be listed, along with their addresses and telephone numbers . Also, as to each expert witness who has not been deposed, the pre-trial statement shall state the subject matter on which the expert is expected to testify and shall state the substance of the facts and opinions to which the expert is expected to testify and a summary of the grounds for each opinion.

All exhibits which may be used at trial shall be listed and copies, if feasible, shall be attached to the pre-trial statement. All exhibits which cannot be attached to the pre-trial statement shall be made available for inspection by opposing counsel at a convenient location designated in the pre-trial statement. All witnesses and expert witnessed who may be used at trial shall be listed, along with their addresses and telephone numbers . Also, as to each expert witness who has not been deposed, the pre-trial statement shall state the subject matter on which the expert is expected to testify and shall state the substance of the facts and opinions to which the expert is expected to testify and a summary of the grounds for each opinion.

CRITICAL

Applies to

Pretrial statement

The pre-trial statement must identify the expert’s expected testimony and summarize its factual and opinion bases.

matter on which the expert is expected to testify and shall state the substance of the facts and opinions to which the expert is expected to testify and a summary of the grounds for each opinion.

CRITICAL

Applies to

Verified motion

A verified motion filed in a dissolution or child custody proceeding must use AOC 275.1; it must also be assigned a domestic violence “D” case number with the appropriate trailer number.

If a verified motion is filed in the dissolution or child custody proceeding, the motion must be submitted on AOC 275 . l, pursuant to KRS 403 .730 (2), and shall be assigned a domestic violence "D" case number with the appropriate trailer number regardless ofthe fact that it was filed as a motion in the Circuit Court dissolution or child custody case.

CRITICAL

Applies to

Pretrial statement

For each expert witness who has not been deposed, the pre-trial statement must state the subject matter.

Also, as to each expert witness who has not been deposed, the pre-trial statement shall state the subject

CRITICAL

Applies to

Jury instructions

Injury-trial parties must submit jury instructions with the pretrial statement; they may revise them, and final instructions must be presented five days before trial.

Injury trial actions, the parties shall submit jury instructions with the pre- trial statement. These instructions may be revised by the parties, with final jury instructions presented to the Court five (S) days prior to trial.

CRITICAL

Applies to

Sworn disclosure statement

The petitioner must file a sworn disclosure statement within 15 days after filing the Petition for Dissolution of Marriage, and the statement must include an itemized listing; the text cuts off before specifying the full list.

The petitioner shall file a sworn disclosure statement within 15 days after the filing of the Petition for Dissolution of Marriage and it shall include an itemized listing of all

CRITICAL

Applies to

Pretrial statement

The pre-trial statement must list all exhibits that may be used at trial, and copies must be attached if feasible.

All exhibits which may be used at trial shall be listed and copies, if feasible, shall be attached to the pre-trial statement .

CRITICAL

Applies to

Verified motion

A verified motion filed in a dissolution or child-custody proceeding must be submitted on AOC 275. I.

If a verified motion is filed in the dissolution or child custody proceeding, the motion must be submitted on AOC 275. I , pursuant to KRS 403 .730 (2),

CRITICAL

Applies to

Pretrial statement

Exhibits that cannot be attached must be made available for opposing counsel to inspect at a convenient location identified in the pre-trial statement.

All exhibits which cannot be attached to the pre-trial statement shall be made available for inspection by opposing counsel at a convenient location designated in the pre-trial statement .

CRITICAL

Applies to

Jury instructions

In jury trials, the parties must submit jury instructions with the pre-trial statement.

In jury trial actions, the parties shall submit jury instructions with the pre- trial statement.

CRITICAL

Applies to

Motion to set case for trial

A motion to set a case for trial must certify that the case will be ready by the trial date.

Motions to set a case for trial may be made on any Rule Day and shall contain a certification that the case will be ready for trial by the trial date.

CRITICAL

Applies to

Pretrial statement

The pre-trial statement must list all witnesses and expert witnesses who may be used at trial, together with their addresses and telephone numbers.

All witnesses and expert witnessed who may be used at trial shall be listed, along with their addresses and telephone numbers .

CRITICAL

Applies to

Divorce petition

A Divorce Petition must be accompanied by a Vital Statistics Information Sheet signed by the attorney before the clerk may file it.

Circuit Clerks shall not file a Divorce Petition unless it is accompanied by the Vital Statistics Information Sheet signed by the attorney .

CRITICAL

Applies to

Divorce petition

A Divorce Petition must be accompanied by a Vital Statistics Information Sheet signed by the attorney or the clerk must not file it.

Circuit Clerks shall not file a Divorce Petition unless it is accompanied by the Vital Statistics Information Sheet signed by the attorney.

CRITICAL

Applies to

Protective order petition

The person administering the oath must sign the petition and include their office position as witness and verification of the oath.

Upon administering the oath the person shall affix their signature and office position to the petition in witness and in verification of the oath.

CRITICAL

Applies to

Protective order petition

A DVO or ex parte EPO petition submitted under this rule must be verified.

A verified petition for a Domestic Violence Order (DVO) and ex parte Emergency Protective Order (EPO) shall be filed at the Circuit Clerk's Office in Russell or Wayne County during regular business hours

CRITICAL

Applies to

Interrogatories and requests for admission

Interrogatories and their responses, as well as requests for admission and their answers or objections, must be filed on the record with the Circuit Clerk.

Pursuant to these local rules, all interrogatories and responses thereto and all requests for admission and answers or objections thereto shall be filed on record in the office of the Circuit Clerk.

CRITICAL

Applies to

Child support action

Child support actions initiated by the County Attorney's Office must be filed by that office and noticed for 10:00 a.m. prevailing time.

Child support actions initiated by the County Attorney's Office shall be filed by the office of the County Attorney related to calculation of child support and noticed for 10 :00 a.m. prevailing time.

WARNING

Applies to

Domestic relations filings

Individuals may proceed without counsel but must comply with the same provisions as represented parties.

Nothing contained herein shall prevent an individual from proceeding with pro se representation and said individual proceeding pro se shall comply with the same provisions as if he or she were represented by an attorney.

WARNING

Applies to

Answer

The respondent may refute the petitioner’s disclosure in the Answer with a sworn counter-disclosure statement; otherwise, the petitioner’s itemized listing is accepted as agreed or stipulated.

Respondent may refute this in the Answer with a sworn counter disclosure statement or the petitioner's itemized listing will be accepted as agreed or stipulated .