Whitley Circuit Court Document Filing Requirements

CRITICAL

Applies to

Relocation notice

Before a sole custodian relocates, written notice must be filed with the court and served on the non-custodial parent.

B. Before a sole custodian seeks to relocate, written notice shall be filed with the court and notice shall be served on the non-custodial parent.

CRITICAL

Applies to

Application for action on report

An application for Court action on the report or objections must be made by motion and with notice as prescribed in CR 6.04.

Application to the Court for action upon the report and upon objections thereto shall be by motion and upon notice as prescribed in CR 6.04.

CRITICAL

Applies to

Proposed order or judgment

Must include

proposed order

After a ruling or opinion, a conforming proposed order or judgment must be presented to the Court.

When a ruling is made or opinion rendered, a proposed order or judgment in conformity therewith shall be presented to the Court

CRITICAL

Applies to

Distribution order

When the order distributes all funds and no matters remain for determination, it must state that the matter is final and stricken from the Court's docket.

If all funds held by the Commissioner are distributed by the order requiring the distribution of funds and there are no further matters for determination by the Court, the order shall state that the matter is final and stricken from the Court's docket.

CRITICAL

Applies to

Default judgment motion

A party seeking default judgment under CR 55.01 must file a written motion.

A party seeking a judgment by default under CR 55.01 shall file a written motion.

CRITICAL

Applies to

Written motion

The attorney appearing for the defendant at arraignment must attend the Pretrial conference and submit the written motions expected to be offered in the case.

The attorney appearing for the defendant at arraignment shall be in attendance at the Pretrial conference and shall submit such written motions, which are expected to be offered in the case.

CRITICAL

Applies to

Drc trial order

The D.R.C.’s trial order must include a projected fee assessment.

The D.R.C.'s trial order shall include a projected fee assessment.

CRITICAL

Applies to

Tax bill

If funds will be disbursed to taxing authorities, a copy of the relevant tax bills must be furnished to the Commissioner.

If disbursements are to be made to taxing authorities, a copy of the pertinent tax bill(s) must be furnished to the Commissioner.

CRITICAL

Applies to

Order or judgment directing sale or deed

An order or judgment directing the Commissioner to sell property or execute or deliver a deed must include the specified property description and identification, the name of the party whose interest is involved, and the source of that party's title.

Every order or judgment of this Court directing the commissioner to sell property or to execute or deliver a deed shall contain: A. The legal description of the property including a street address (or if it has no street address, a brief identification of its location and size) and any number(s) assigned to the property/parcel by the tax assessor for purposes of identification and record keeping such as the parcel or property identification number; B. The name of the party or parties whose interest is being sold or conveyed; and C. The source of the party's or parties' title.

CRITICAL

Applies to

Protective order petition

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

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

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

Motion

Must include

proposed order

Each motion must be filed and submitted with a proposed order.

204. PROPOSED ORDERS SHALL BE FILED AND SUBMITTED WITH A MOTION.

CRITICAL

Applies to

Motion hearing notice

A motion hearing notice must specify the hearing date, time, and place.

The notice shall specify the date, time, and place for the hearing.

CRITICAL

Applies to

Discovery motion

Must include

certificate of conference

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

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

CRITICAL

Applies to

Trial brief

The parties must submit a trial brief consisting of a short memorandum of the facts and law on which they will rely.

The Court shall require the parties to submit a trial brief consisting of a short memorandum of the facts and law on which they will rely.

CRITICAL

Applies to

Application

The Commonwealth may apply in writing for a hearing to void a pretrial diversion agreement, and the application must state the grounds.

A. The Commonwealth may apply in writing to the Court for a hearing to determine whether the pretrial diversion agreement should be violated. The application must contain notice of the grounds for voiding the agreement. KRS 533.256(1) and 533.050(2).

CRITICAL

Applies to

Motion response

Must include

legal argument

A party properly served with a motion and supporting memorandum must file a response memorandum stating its grounds 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, but not greater than 25 pages in length.

CRITICAL

Applies to

Motion for attorney fees

Must include

proposed order

A Warning Order Attorney seeking compensation must submit a motion with an attached proposed order stating a reasonable fee and an affidavit containing the specified information.

Any Warning Order Attorney (WOA) seeking payment shall prepare a motion for attorney's fees with an attached order which includes a reasonable fee for the services rendered and submit it for the Judge's approval. Motions for compensation shall be accompanied by an affidavit indicating: A. The statutory basis for appointment; B. The hours of service rendered with a brief description of the services rendered and reasonableness of the fee requested; and C. That the action or proceedings have been concluded.

CRITICAL

Applies to

Order

If no exceptions are timely filed, the parties must prepare an order approving and incorporating the proposed findings, conclusions, and decree for execution by the Circuit Court, with an opportunity for the D.R.C. to approve it.

If no exceptions are filed with the Court within the time allowed, then the parties shall prepare an Order approving and incorporating the proposed Findings of Fact, Conclusions of Law and Decree for execution by the Circuit Court and provide thereon and appropriate opportunity for the D.R.C. to execute approval.

CRITICAL

Applies to

Distribution order

An order distributing funds must state the amounts collected, identify each recipient, and specify the amount due to each.

Orders requiring distribution of funds held by the Commissioner shall set forth all amounts collected, identify the proper recipients(s), and the specific amounts due each under the judgment or order.

CRITICAL

Applies to

Interrogatory or request for admission answer

Answers to interrogatories or requests for admission must reproduce the corresponding question or request immediately before the answer, whether or not the discovery is filed with the Court.

209.2 When answering interrogatories or requests for admission, the replying party shall, as a part of his answer, set forth immediately preceding the answer the question or the request made with respect to which such answer is given whether or not the interrogatories or requests are to be filed with the Court.

CRITICAL

Applies to

Pretrial diversion plan

When recommending diversion, the Commonwealth must submit written proposed conditions and a proposed sentence for unsuccessful diversion using signed AOC Form 347 as part of the defendant’s plea agreement.

iii. When diversion is recommended, the Commonwealth must make written recommendations to the Court of conditions for the pretrial diversion as well as the appropriate sentence to be imposed if the diversion agreement is unsuccessful. KRS 533.252(3). AOC Form 347, styled Motion for Pretrial Diversion of a Class D Felony, which contains the Commonwealth's recommendation and is signed by the defendant, defense attorney and the Commonwealth's Attorney, shall be used for this purpose. This diversion plan shall be submitted to the Court as part of defendant's plea agreement.

CRITICAL

Applies to

Settlement order

If a case settles before or during mediation, an attorney for a party must prepare and submit an order reflecting the settlement to the Court.

906.3 If a case is settled prior to or during mediation, an attorney for one of the parties shall prepare and submit to the Court an order reflecting the fact of settlement as in any other case.

CRITICAL

Applies to

Contempt order

The order must briefly state its grounds and include the specified warning about a warrant for failure to appear.

The order shall contain a short statement of the grounds for its issuance and the following statement: "IF YOU FAIL TO APPEAR AT THE HEARING A WARRANT FOR YOUR ARREST WILL ISSUE."

CRITICAL

Applies to

Judgment or order

Before submission to the Court, covered judgments or orders and the record must be submitted to the Commissioner for certification; the Commissioner then delivers the judgment or order to the Court for approval and entry.

All judgments or orders directing the sale of property by the Master Commissioner, directing the disbursement of monies held by the Commissioner, or directing the delivery of a deed must, prior to submission thereof to the Court, be submitted along with the record to the Commissioner for certification that the same complies with all applicable statutes and rules. The Commissioner shall then deliver the judgment or order to the Court for approval and entry.

CRITICAL

Applies to

Order of submission

When submitting an action for final judgment, the parties must prepare and present an order of submission that specifies the issues submitted.

210.1 Upon submission of any action to the Court for final Judgment, the parties shall prepare and present to the Court an Order of submission setting forth in particular the issue or issues on which the action is submitted.

CRITICAL

Applies to

Civil jury trial date assignment request

A party seeking assignment of a civil jury trial date must file a motion for a pretrial conference or trial.

A party desiring assignment of a civil jury trial date shall file a motion for a pre-trial conference/trial.

CRITICAL

Applies to

Appraisal

Appraisals must be returned in writing and filed as part of the record before the sale.

they shall return their appraisals in writing to the Master Commissioner who shall file same as a part of the record prior to the sale.

CRITICAL

Applies to

Pretrial diversion application

When applying for diversion, defense counsel must state and the defendant must agree on the record to waive speedy-trial or speedy-disposition rights if diversion is granted.

B. 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

Agreed order

If both parties' counsel agree, the agreed order referring the case to the D.R.C. must be submitted to the Circuit Judge for approval.

If agreed upon by counsel for both parties, an agreed order referring a case to the D.R.C. shall be submitted to the Circuit Judge for approval.

CRITICAL

Applies to

Written motion

The attorney appearing for the defendant at arraignment must attend the pretrial conference and submit the written motions expected to be offered in the case.

805.3 The attorney appearing for the defendant at arraignment shall be in attendance at the pretrial conference and shall submit such written motions, which are expected to be offered in the case.

CRITICAL

Applies to

Order of submission

An action may be submitted only after an order of submission is entered, and that order and the record must be placed in the appropriate Clerk’s Office basket.

210.2 An action shall be submitted only upon the entry of an order of submission. The order of submission, along with the record, shall be placed in the appropriate order/judgments basket in the Clerk's Office.

CRITICAL

Applies to

Agreed order

If the parties agree to modify the time-sharing arrangement, they must file an agreed order.

or, the parties shall file an agreed order if the time sharing arrangement is modified by the agreement.

CRITICAL

Applies to

Drc fee objection

Any objection to the D.R.C.'s trial fee as assessed must be timely made by motion and notice of hearing before the Circuit Judge prior to the commencement of final trial.

Any objection to the D.R.C.'s trial fee as assessed must be timely made by motion and notice of hearing before the Circuit Judge prior to the commencement of final trial.

CRITICAL

Applies to

Protective order petition

Protective-order petitions must be accepted and filed with the court.

shall be accepted and filed with the court.

CRITICAL

Applies to

Merits motion

Must include

legal argument

A merits motion must be accompanied by a memorandum stating its grounds and citing the authorities relied upon; failure to file one may be grounds for overruling the motion.

All motions going 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 filed at least 10 days prior to motion hour and accompanied by a brief memorandum of the grounds for the motion with citation of authorities relied upon, but not greater than 25 pages in length. Failure to file a memorandum of grounds with supporting authorities may be grounds for overruling the motion.

CRITICAL

Applies to

Preliminary verified disclosure statement

Each party must file a Preliminary Verified Disclosure Statement, form AOC-238, in compliance with the cited rules.

Each party must file a Preliminary Verified Disclosure Statement (AOC-238) and a Final Verified Disclosure Statement (AOC-239) in compliance with FCRPP 2(3) and FCRPP 3(3).

CRITICAL

Applies to

Joint statement

When mediation resolves only some issues or the parties reach agreements on other matters, the parties must submit a joint statement identifying resolved issues and issues remaining for trial.

906.4 If some but not all of the issues in the case are settled during mediation or if agreements are reached to limit discovery or on any other matter, the parties shall submit a joint statement to the Court enumerating the issues that have been resolved and the issues that remain for trial.

CRITICAL

Applies to

Motion

Must include

proposed order

A proposed order must be filed and submitted with a motion.

206.3 Proposed orders shall be filed and submitted with a motion.

CRITICAL

Applies to

Retained counsel withdrawal for appeal

Before permission to withdraw from representing a defendant appealing a conviction, retained trial counsel must prepare and file the listed appeal documents, where applicable.

805.2 Retained trial counsel shall secure permission of the Court before withdrawing as counsel for any defendant who seeks to appeal a judgment of conviction. Before permission to withdraw is granted, it shall be the responsibility of retained trial counsel to prepare and file the following: A. Notice of appeal pursuant to RCr 12.04; B. Motion, affidavit, and order for leave to appeal in forma pauperis, if applicable; C. Designation of record on appeal; and, D. An order substituting the Office of Public Advocacy as counsel on appeal, if applicable.

CRITICAL

Applies to

Pretrial diversion recommendation

The Court may not consider diversion unless the Commonwealth has made a written favorable recommendation.

v. The Court cannot consider diversion without a written, favorable recommendation from the Commonwealth.

CRITICAL

Applies to

Order of diversion

The Order of Diversion must address restitution, supervision status, duration, and the listed conditions of diversion.

807.2 The Order of Diversion shall include the following: A. Restitution, if applicable. (This is mandatory pursuant to KRS 533.254 where victim has suffered monetary damage.) B. Whether the diversion shall be supervised or unsupervised. If supervised, a monthly supervision fee of not less than $10.00 nor more than $25.00 shall be imposed on the divertee, unless the fee is waived by the court in the case of indigency KRS 533.250(7). C. Duration of the diversion. D. Requirement that defendant obeys all rules and regulations imposed by Probation and Parole. E. As required by KRS 533.030(1), that the defendant shall not commit any offense during the period of the pretrial diversion. Defendant shall also comply with the directions of the Probation and Parole Officer (and any other provision of KRS 533.030 or any other condition the Court deems appropriate). F. The Order of Diversion shall also include the following: i. Defendant shall remain drug and alcohol free and be subject to random testing. ii. Defendant shall possess neither firearm nor any other deadly weapon.

CRITICAL

Applies to

Pretrial diversion application

The Commonwealth must provide the Court with a written recommendation for each diversion application.

C. The Commonwealth shall make a written recommendation to the Court in response to each application. KRS 533.250(6) .

CRITICAL

Applies to

Confirmation order

An order confirming the sale, with copies, must be submitted to the Court.

an order confirming the sale (with copies) shall be submitted to the Court.

CRITICAL

Applies to

Relocation notice

Before a joint custodian relocates, written notice must be filed with the court.

A. Pursuant to FCRPP 7(2) on relocation, before a joint custodian seeks to relocate, written notice shall be filed with the court

CRITICAL

Applies to

Order

If exceptions are filed after the D.R.C.’s ultimate recommendation, the relevant orders must be tendered directly to the Circuit Court.

If exceptions have been filed subsequent to the ultimate recommendation of the D.R.C., then the Orders relevant thereto shall be tendered directly to the Circuit Court.

CRITICAL

Applies to

Default judgment motion

A default-judgment motion must be noticed for hearing and placed on the regular motion-day docket, and the moving party must appear on the noticed motion day.

The motion shall be noticed for hearing and placed on the regular motion day docket. The party seeking the default judgment shall appear on the motion day that the motion is noticed to be heard.

CRITICAL

Applies to

Referral order

An attested copy of the referral order must be delivered to the Master Commissioner.

A. An attested copy of the order referring the case to the Master Commissioner shall be delivered to the Master Commissioner.

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.

WARNING

Applies to

Filed papers

All papers filed in a civil case must identify the Division to which the case is assigned.

Thereafter, all process, pleadings, motions, orders, and papers filed in the case shall set forth the Division on which the case has been assigned.