Webster County Circuit Court, Kentucky Document Filing Requirements

CRITICAL

Applies to

CR 78 2 motion

For a CR 78(2) motion, the movant must identify the rule in the motion, and the notice must advise that the motion may be granted without a hearing after ten calendar days if no response is filed.

Movant shall state that the motion is made under CR 78(2) and this local rule. The notice shall specify that the motion may be routinely granted without hearing by the court, upon the expiration of ten (10) calendar days if no response is filed.

CRITICAL

Applies to

Request for judicial order

A Family Court video of an in-chamber interview with a child may not be released without a specific written order, and a request for that order must explain which portion is sought and the specific purpose.

Pursuant to FCRPP 25, the Circuit Clerk's Office shall not release any Family Court video of in-chamber interviews with children without a specific written order of the Family Court Judge. An individual requesting a judicial order must provide the Family Court Judge with 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.

CRITICAL

Applies to

Motion

An appropriate order must accompany the motion, except for motions for summary judgment and default judgments.

An appropriate order shall be submitted with the motion. (This does not apply to motions for summary judgment - see Local Rule 15 or Default Judgments referred to in Local Rule 7.)

CRITICAL

Applies to

Indictment

A criminal indictment must state on its face the defendant's name, last known address, and social security number.

A. No criminal indictment will be accepted, entered or processed by the Circuit Court unless the indictment states on its face, the defendant's name, last known address and social security number.

CRITICAL

Applies to

Motion

Motions served on the adverse party must state the hearing date, except motions included in an answer; a motion without a hearing date is 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. Any motion which fails to include the date of the hearing shall be treated as if no motion has been filed.

CRITICAL

Applies to

Discovery motion

Must include

certificate of conference

A motion to compel discovery must include counsel’s certificate that counsel conferred or corresponded with opposing counsel and could not resolve the dispute without a hearing.

Motions to compel discovery shall contain a certificate, by counsel, that he or she has conferred or corresponded with opposing counsel and that they are unable to reconcile their difference without a hearing.

CRITICAL

Applies to

Cr 78 2 motion

A CR 78(2) motion must direct opposing counsel's attention to the possibility of routine grant ten days after filing unless an objection or response is received.

Motions may be made under CR 78(2) and shall direct the opposing attorney's attention to the fact that under this rule the motion may be granted routinely by the Court ten (10) days after filing unless an objection is received or a response filed.

CRITICAL

Applies to

Motion

An opposing party who wants an oral hearing must state that desire and notice the motion for the following motion day.

If a party opposing the motion desires oral hearing, he shall so state, and proceed to notice the motion for the following motion day.

CRITICAL

Applies to

Motion and notice

Must include

certificate of service

Each motion and notice must include a certificate of service identifying the recipient, delivery method, and delivery or transmission date.

B. Each motion and notice shall contain a certificate of service setting forth the party or attorney to whom the photocopy was delivered, the method(s) of delivery, and the date that the photocopy was delivered or transmitted.

CRITICAL

Applies to

Motion for compensation

A motion for compensation must include an affidavit stating the statutory basis for appointment, the hours and description of services and reasonableness of the fee requested, and the conclusion and disposition date of the action or proceeding.

Motions for compensation shall be accompanied by an affidavit indicating: i. The statutory basis for appointment; ii. The hours of service rendered with a brief description of the services rendered and reasonableness of the tee requested; and i11. That the action or proceeding has been concluded and date of disposition.

CRITICAL

Applies to

Mediation agreement

Any agreement reached during mediation must be put in writing and signed by the parties and their counsel.

Any agreement reached during mediation by the parties on any issue shall be reduced to writing and signed by the parties and their counsel.

WARNING

Applies to

Proposed order

An order prepared by a party must be signed as “Tendered By” or “Prepared By” and submitted to the opposing attorney or pro se party for signature as “Have Seen”; that signature only confirms that the order reflects the Court’s findings and does not waive objections.

Any order prepared by an attorney or pro se party shall contain a signature as "Tendered By" or "Prepared By," and be submitted to the opposing attorney or pro se party for signature as "Have Seen." By singing the tendered order as such, neither the attorney nor a pro se party is waiving any objection to the content of the order, but is only agreeing that the order reflects the findings of the Court.

WARNING

Applies to

Notice of substitution

Counsel may substitute by notice signed by both withdrawing and entering counsel.

Substitution of counsel may be accomplished by a notice signed by the withdrawing counsel and the entering counsel.

WARNING

Applies to

Counsel shock probation motion

Motions for shock probation filed by counsel should substantially comply with the stated requirements.

Motions filed by counsel should substantially comply with the above requirements.

WARNING

Applies to

Affidavit

Petitioners should file a completed affidavit on form AOC 275.5 to initiate contempt proceedings.

Petitioners seeking to initiate contempt proceedings should contact the Circuit Court Clerk's office in the county where the protective order is entered and file a completed affidavit on form AOC 275.5.

WARNING

In counties with video of District Court proceedings, counsel should identify where the testimony at issue can be found.

In counties having video of District Court proceedings counsel should designate where the testimony in issue can be found.

WARNING

Applies to

Affidavit

Petitioners seeking to initiate contempt proceedings should contact the Circuit Court Clerk's office in the county where the protective order is entered and file a completed affidavit on form AOC 275.5.

Petitioners seeking to initiate contempt proceedings should contact the Circuit Court Clerk's office in the county where the protective order is entered and file a completed affidavit on form AOC 275.5.

WARNING

Applies to

Pleading

Every pleading must include the filer’s correct mailing address, email address, and telephone number.

All pleadings shall contain the correct mailing address, email address, and telephone number of the party or attorney filing the pleading.

CRITICAL

The order must address liens foreclosed and extinguished by the judicial sale and list the book and page number where each lien to be released is recorded.

AND LIENS FORECLOSED AND EXTINGUISHED BY REASON OF THE JUDICIAL SALE, AND/OR TO LIST THE BOOK AND PAGE NUMBER WHERE EACH LIEN TO BE RELEASED IS RECORDED.