Webster County Circuit Court, Kentucky Document Filing Requirements

CRITICAL

Applies to

Motion notice

Except for motions included in an answer, a motion notice must state a hearing date no later than the next regular motion day, or it will be treated as not filed.

All motions, except those included in an answer, when served on the adverse party shall contain a date on which said motion shall be heard, which date shall not be later than the next regular motion day at which the motion could be heard. Any motion notice which fails to include the date of hearing shall be treated as if no motion had been filed.

CRITICAL

Applies to

Order of sale

Must include

caption

Orders for the sale of property must contain a complete caption and the specified information about the parties, property, judgment, sale conditions, lien releases, and outstanding taxes.

A. Orders for the sale of property shall contain: 1. A complete caption setting forth the names of all parties to be bound by the judicial sale. Abbreviations such as "etc." or "et al." shall not be used 2. A legal description of the property sought to be sold, together with the source of title of the present owner or owners. 3. The address of the property sought to be sold or, if it is true, a recitation of the fact that the property has no address. 4. The dollar amount of the judgment on a day certain, together with the daily amount of accruing interest or contract rate of interest (if the order of sale is for the purpose of enforcing a judgment for money). 5. The names of all parties who are in default. 6. The VIN and description of mobile home or statement of conversion if there is a mobile home on the property. 7. Special conditions of sale, for example, property to be sold on site, specific combinations of property containing multiple tracts; special advertising in addition to advertising required by statute. 8. A directive that the Master Commissioner execute releases of mortgages, lis pendens, and liens foreclosed and extinguished by reason of the judicial sale; it shall also contain the book and page number where each lien to be released is recorded. 9. A directive that the Master Commissioner pay all outstanding ad valorem taxes assessed against the property, provided that such directive also identifies the person or persons in whose name the property has been taxed and the name and address of the entity to be paid, the year in which the tax is due, and the tax bill number.

CRITICAL

Applies to

Judgment

If the property includes a mobile home, the judgment must list its VIN and description or include a statement of conversion.

FAILURE TO LIST VIN AND DISCRIPTION OF MOBILE HOME OR STATEMENT OF CONVERSION IF THERE IS A MOBILE HOME ON THE PROPERTY. LOCAL RULE 12.02(A)(6).

CRITICAL

Applies to

Judgment

The judgment must identify the specific parties in default.

FAILURE TO LIST SPECIFIC PARTIES IN DEFAULT. LOCAL RULES 12.02(A)(5)

CRITICAL

Applies to

Affidavit

The Court may grant a case-by-case exception if the Commonwealth files an accompanying affidavit from the complaining witness explaining why the required information cannot be provided.

B. The Court may grant exceptions to this rule on a case by case basis if the Commonwealth files with the Court an accompanying affidavit by the complaining witness explaining why the required information cannot be provided.

CRITICAL

Applies to

Written motion

Except as authorized in Paternity actions and for the specified public officers or employees, release of a confidential Family Court video requires a specific written order; a requesting individual must file a motion stating the purpose.

The Circuit Clerk's Office shall not release any copies of a Family Court confidential video recording, except as authorized in Paternity actions, without a specific written order from the Family Court Judge. An individual requesting a judicial order must file a written motion, with notice to all parties, including the child's Guardian Ad Litem, if any, and set forth the purpose for the request. Pursuant to KRS 610.340(2), this shall not apply to public officers or employees engaged in the investigation and prosecution of cases under KRS Chapters 600 through 645 or other prosecutions authorized by the Kentucky Revised Statutes, as certified by the public officer or employee. Said public officer or employee shall use and distribute this information only for investigation or prosecution of offenses under the Kentucky Revised Statutes.

CRITICAL

Applies to

Adoption action

Must include

proposed order

After applicable procedural requirements are met, the petitioner's attorney must submit the proposed Findings of Fact and Judgment of Adoption for judicial approval before obtaining a final-hearing date.

Once all procedural requirements have been met, including the home investigation where necessary, the attorney for Petitioner(s) must submit all proposed Findings of Fact and Judgment of Adoption for approval by the Family Court Judge prior to obtaining a date for a Final Hearing in an adoption action.

CRITICAL

The document must list the dollar amount due on a day certain together with the daily or contract rate.

RULE 12.02 (A)(4). FAILURE TO LIST DOLLAR AMOUNT ON A DAY CERTAIN TOGETHER WITH DAILY OR CONTRACT RATE.

CRITICAL

The document must include the premises-vacating language and the stated notice concerning the purchaser’s possession and writ of possession.

FAILURE TO INCLUDE VACATING PREMISES LANGUAGE. LOCAL RULE 12.02(A) (11). OCCUPANT TO VACATE PREMISES UPON TEN (10) DAYS WRITTEN NOTICE AT ANY TIME AFTER THE DATE OF SALE. THE VACATING PREMISES LANGUAGE FAILS TO INCLUDE THE FOLLOWING NOTICE: "PURCHASER MAY REQUIRE TAKE POSSESSION OF THIS PROPERTY, AND THE SHERIFF OF THE RESPECTIVE COUNTY, IS AUTHORIZED AND DIRECTED PURHCASER IS HEREBY GIVEN A WRIT OF POSSESSION, WHICH ENTITLES THE PURCHASER TO IMMEDIATELY ENTER AND THE PURCHASER." LOCAL RULES 12.02 (A)(11).

CRITICAL

Applies to

Pro se shock probation motion

Must include

case number

Pro se shock-probation motions must include the listed information and supporting documents; motions that do not comply will be summarily denied.

All pro-se motions for shock probation shall include: A. Date of entry of judgment and sentence; B. Length of sentence imposed; C. A statement that the defendant has been incarcerated at least 30 days since the date of sentence; D. Whether the Commonwealth recommended shock probation in the negotiated plea and attach a copy of Commonwealth's offer supporting same; E. Information which would assist the Court such as: a. Where defendant will be living, b. Treatment or rehabilitation program the defendant intends to attend (if applicable), c. Where defendant will be employed with supporting document from the employer, and d. Any other reason counsel believes the Court should consider. F. The correct case number. All motions not complying with this order will be summarily denied.

CRITICAL

Applies to

CR 78 2 motion

Must include

proposed order

A movant proceeding under CR 78(2) must file an appropriate tendered order of relief.

Movants under CR 78(2) shall file an appropriate tendered order of relief with the Court.

CRITICAL

COURT TO DETERMINE, WHAT IS REASONABLE. LOCAL RULE 12.02(B)(3). FAILURE TO INCLUDE REFERENCE TO THE PLAINTIFF'S ATTORNEY FEE, WHICH SHOULD BE LEFT BLANK FOR THE

COURT TO DETERMINE, WHAT IS REASONABLE. LOCAL RULE 12.02(B)(3). FAILURE TO INCLUDE REFERENCE TO THE PLAINTIFF'S ATTORNEY FEE, WHICH SHOULD BE LEFT BLANK FOR THE

CRITICAL

Applies to

Summary judgment motion papers

Must include

proposed order

Parties must submit a disc containing the motion, response or reply, and proposed order, and send copies to the Judge’s office.

Parties shall submit an accompanying disc containing their motion, response or reply, and a proposed order and copies shall be sent to the Judge's office at P.O. Box 126, Dixon, KY 42409.

CRITICAL

Applies to

Family court case data sheet

The Family Court Case Data Sheet must be fully completed in every case.

The Family Court Case Data Sheet must be fully completed in all cases.

CRITICAL

Applies to

Court filing

Must include

case number

Every filing by counsel or a party 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 email address of the attorney or party signing the document.

CRITICAL

Applies to

Complaint

At least two copies of the complaint must be filed with the clerk in every civil case.

At least two copies of the complaint in all civil cases shall be filed with the clerk.

CRITICAL

Applies to

Order of sale

The order must direct the Master Commissioner to pay outstanding ad valorem taxes and identify the taxpayer, tax year, and tax bill number.

FAILURE TO DIRECT THE MASTER COMMISSIONER PAY ALL OUTSTANDING AD VALOREM TAXES ASSESSED AGAINST THE PROPERTY. FAILURE TO IDENTIFY THE PERSON(S) IN WHOSE NAME THE PROPERTY HAS BEEN TAXED, THE YEAR IN WHICH THE TAX IS DUE, AND THE TAX BILL NUMBER. LOCAL RULE 12.02(A)(9).

CRITICAL

Applies to

Order of sale

A. The Deficiencies in Judgment Form shall be used to notify Plaintiffs Counsel and the Court of any deficiencies should the Master Commissioner not approve the order of sale.

A. The Deficiencies in Judgment Form shall be used to notify Plaintiffs Counsel and the Court of any deficiencies should the Master Commissioner not approve the order of sale.

CRITICAL

Applies to

Order of sale

After approving an order of sale, the Master Commissioner must use the Deficiencies in Judgment Form to notify the Court that the order complies with the specified laws and rules.

B. Following his approval the Master Commissioner shall use the Deficiencies in Judgment Form to notify the Court that said order complies with the Kentucky Revised Statutes, the Rules of Civil Procedure, AP Part IV, and with the Rules of the 5" Judicial Circuit.

CRITICALCriminal cases

Applies to

Written recommendation

When recommending diversion, the Commonwealth must submit written recommendations on the diversion conditions and the appropriate sentence if the agreement is unsuccessful.

When diversion is recommended, the Commonwealth must make written recommendations to the Court of conditions for the pretrial diversion as well a.~ the appropriate sentence to be imposed ifthe diversion agreement is unsuccessful .

CRITICAL

Applies to

Order or judgment

In civil cases, successful-party counsel must prepare and present a conforming order or judgment endorsed “Have Seen” by counsel for all parties, and note if the opposing party is unrepresented.

In civil cases, whenever any ruling is made, verdict rendered, or judgment rendered, an order or judgment in conformity therewith shall be prepared by counsel for the successful party, shall be endorsed "Have Seen" by counsel for all parties thereto as in conformity to the ruling or judgment, and shall be presented to the Court. If the party against whom the order or judgment is entered is not represented by counsel, that fact shall be endorsed thereon.

CRITICAL

Applies to

Order of sale

An order of sale must include the prescribed language concerning payment, the purchaser's bond, liens, redemption rights, and compliance with the sale terms.

10. Language as set out herein: "Purchaser may pay cash or said property will be sold upon payment of 10% deposit, with the balance upon credit of 30 days, The purchaser shall execute a good and sufficient bond with approved surety thereon for the purchase price, the bond to bear interest at the rate of twelve percent (12%) per annum from the date thereof, until paid, and to have the force and effect of a judgment, but a lien shall be retained on said property to further secure the payment of the purchase price. At his option, the purchaser may pay cash or pay the bond with accrued interest at any time before its maturity. Said sale to be made free and clear of any and all liens, claims, rights, title and interest of any and all parties to this action, excepting easements and restrictions of record in the County Clerk's office of each respective county in which the property is located, and such right of redemption as may exist in favor of the United State of America or the defendants). The purchaser will be prepared to promptly comply with these terms or the said property will be immediately offered again for sale."

CRITICAL

The document must include proper payment-option language.

FAILURE TO INCLUDE PROPER PAYMENT OPTION LANGUAGE. LOCAL RULE 12.02(A)(10).

CRITICAL

Applies to

Motion to compel discovery compliance

Must include

certificate of conference

A motion to compel discovery compliance must include counsel's certificate describing the unsuccessful conference or correspondence with opposing counsel.

All motions to compel discovery compliance shall contain a certificate by counsel that she or he has conferred or corresponded with opposing counsel and that they are unable to reconcile their differences without a hearing.

CRITICAL

Applies to

Judgment

The judgment must list the address of the property being sold.

FAILURE TO LIST THE ADDRESS OF THE PROPERTY BEING SOLD. LOCAL RULE 12.02 (A)(3)

CRITICAL

Applies to

Case file jacket

The clerk must note on the case file jacket each officer or agency that has a copy of the warrant.

The clerk will note on the case file jacket each officer or agency who has a copy of the warrant.

CRITICAL

Applies to

Judgment

The judgment must list the names and addresses of the persons to be served by the Clerk.

FAILURE TO LIST NAMES AND ADDRESSES OF PERSONS TO BE SERVED WITH JUDGMENT BY CLERK.

CRITICAL

Applies to

Domestic violence petition

An authorized after-hours recipient may administer an oath affirming the petition's truthfulness and must sign their name and office position on the petition as witness and verification.

The above designated person, receiving a completed Domestic Violence Petition after regular Circuit Court Clerk business hours, is authorized to administer an oath to the Petitioner affirming the truthfulness as to the contents of the petition, and shall sign their name and office position to the petition as witness and verification of said oath.

CRITICAL

Applies to

Notice of representation

An attorney seeking permission to review and copy a paternity case file must first file a party-signed Notice of representation with a notarized release authorizing inspection.

An attorney seeking permission to review and copy a paternity case file must first file a Notice of representation signed by a party with a notarized release authorizing that attorney to inspect the parties' paternity case file

CRITICAL

Applies to

Summary judgment motion

Summary judgment motions must not be noticed for hearing and must be accompanied by a supporting memorandum of law.

Motions for summary judgment shall not be noticed for hearing, but shall be accompanied by a memorandum of law supporting the motion.

CRITICAL

Applies to

Default judgment motion

Where Kentucky Rule 55.01 applies, a default-judgment seeker must first file a written motion with a tendered judgment and notice to the defaulting party; entry follows notice and the Court's determination that legal requirements are met.

A party seeking a judgment by default where Rule 55.01 of the Kentucky Rules of Civil Procedures applies shall first file a written motion for such a judgment with a tendered judgment and notice to the party in default. The attorney seeking the default judgment need not be present for the motion, and the default judgment may thereafter be entered after notice has been given and pursuant to Local Rule 5(D) and it is determined by the Court that it meets all necessary legal requirements.

CRITICALCriminal cases

Applies to

Order of diversion

The Order of Diversion must address restitution if applicable, supervision status and fees if applicable, duration, compliance with Probation and Parole rules, and the specified offense and statutory-condition requirements.

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 and 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

Order of sale

When the order requires payment of lienholders or a sale free and clear of liens, the order of sale must list the liens to be paid or state that there are no other liens.

IF ORDER REQUIRED LIEN HOLDERS OF RECORD TO BE PAID OR FOR SALE TO BE FREE AND CLEAR OF ALL LIENS, LIENS TO BE PAID ARE TO BE LISTED IN THE ORDER OF SALE OR ORDER NEEDS TO REFLECT THAT THERE ARE NO OTHER LIENS.

CRITICAL

Applies to

Judgment

Must include

caption

A judgment caption must list all parties in the heading and must not use “et al.”

INCOMPLETE CAPTIONS FAILURE TO LIST ALL PARTIES IN HEADING OR USE OF ET AL. LOCAL RULE 12.02(A) (1)

CRITICAL

Applies to

Bid assignment

A purchaser assigning its bid must file the assignment with the Clerk and Master Commissioner within one week of the sale, stating its nature and the assignee’s name and address.

Any purchaser making an assignment of its bid to another entity shall file same with the Clerk of the Court and with the Master Commissioner, setting forth the nature of the assignment together with the name and address of the assignee within one (1) week of the date of sale.

CRITICAL

Applies to

Trial readiness notice

On or before the report date, attorneys must advise the Court in writing whether they are ready for trial and the probable trial length.

H. On or before the report date, the attorneys shall advise the Court in writing whether they are ready for trial, and the probable length of trial.

CRITICAL

Applies to

Motion proposed order or other pleading

Must include

caption, case number

Motions, proposed orders, and other pleadings must contain the correct style and case or indictment number or they will be returned without filing.

All motions, proposed orders or other pleadings which do not contain the correct style and case or indictment number will not be filed but returned to the Movant.

CRITICAL

After entering an appearance, counsel may withdraw only with court leave obtained by a motion properly noticed for hearing.

Leave of Court shall be obtained to withdraw as counsel after an entry of appearance has been made. Such leave can only be obtained by a motion served on the client and other parties and properly noticed for hearing.

CRITICAL

Applies to

Permanent jury exemption request

A prospective juror requesting a permanent exemption because of a permanent medical condition must support the request with a physician's certification.

Upon the request of any prospective juror for a permanent exemption from jury service because of a permanent medical condition, which must be supported by certification from the juror's physician, the Designee shall within five (5) days refer said request and medical certification to the Chief Circuit Judge for consideration.

CRITICAL

Applies to

Order of sale

The order must reflect the required information about outstanding taxes, including the person, tax bill number, or year, as applicable.

IF THERE ARE NO PAST DUE TAXES THIS FAILURE TO LIST REQUIRED INFORMATION RE: OUTSTANDING TAXES, PERSON, TAX BILL NUMBER, OR YEAR FACT SHOULD BE REFLECTED IN THE ORDER.

CRITICAL

Applies to

Preliminary verified disclosure statement and objections

In dissolution-case mediations, each party must tender the Preliminary Verified Disclosure Statement (AOC Form 238) and any objections to the mediator at least seven days before mediation.

For mediations conduct in dissolution cases, each party shall tender at least seven (7) days prior to the mediation their Preliminary Verified Disclosure Statement (AOC Form 238), and any objections thereto, to the mediator via the mediator's email address, or via mail to P.O. Box 417, Marion, Kentucky 42064.

CRITICAL

Applies to

Order or judgment

A signed order or judgment must be delivered to the clerk for entry.

When signed by the Judge, the order or judgment shall be delivered to the clerk for entry.

CRITICAL

Applies to

Judgment

The judgment must list the source of title.

FAILURE TO LIST SOURCE OF TITLE. LOCAL RULE 12.02 (A) (2)

CRITICAL

Applies to

Pleading motion documentation

Must include

ai disclosure

Pleadings, motions, and documentation containing AI-generated material must include the specified certification.

All pleadings, motions, and documentation which include any material generated by artificial intelligence (AI) shall also include the following certification language within the document: I further certify that no portion of any filing in this case will be drafted by generative artificial intelligence or that any language drafted by generative artificial intelligence-including quotations, citations, paraphrased assertions, and legal analysis-will be checked for accuracy, using print reporters or traditional legal databases, by a human being before it is submitted to the Court. Failure to comply will result in sanctions by the Court. I understand that any attorney or pro se litigant who signs any filing in this case will be held responsible for the contents thereof according to applicable rules of attorney discipline, regardless of whether generative artificial intelligence drafted any portion of that filing.

CRITICALCriminal cases

When applying for pretrial diversion, counsel must state on the record that granting diversion waives the defendant’s right to a speedy trial or disposition, and the defendant must agree on the record.

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

Pleading motion memorandum

Pleadings, motions, and memoranda must provide counsel’s name and contact information, including an email address if available.

All pleadings, motions, and memoranda shall contain the name, address, phone number, fax number, and e-mail address (if available) of counsel.

CRITICAL

Applies to

Order of sale

The order must direct the Master Commissioner to execute releases of mortgages and lis pendens.

FAILURE TO DIRECT THAT THE MASTER COMMISSIONER EXECUTE RELEASES OF MORTGAGES, LIS PENDENS,

CRITICALCriminal cases

Applies to

Recommendation

The Commonwealth must provide the Court with a written recommendation in response to each pretrial diversion application.

The Commonwealth shall make a written recommendation to the Court in response to each application .

CRITICAL

Applies to

Order of sale

An order of sale must include the prescribed language concerning vacating the premises and the writ of possession.

11. Language as set out herein: "The purchaser may require occupant to vacate premises upon ten (10) days written notice a any time after the date of sale. The Purchaser is hereby given a WRIT OF POSSESSION, which entitles the Purchaser to immediately enter and take possession of this property, and the Sheriff of the respective County is authorized and directed to evict any party or parties to this case occupying or claiming an interest in said property adverse to the Purchaser."

CRITICAL

Applies to

Appearance and waiver or agreement

An unrepresented party signing and acknowledging an appearance and waiver or agreement must do so before a notary or deputy clerk.

Any unrepresented party who signs and acknowledges an appearance and waiver or agreement shall do so before a notary or deputy clerk.