Wolfe County Circuit Court, Kentucky Document Filing Requirements

CRITICAL

Applies to

Petition for dissolution of marriage

The party filing a dissolution petition must tender the completed VS-300 form to the clerk when filing the petition.

The party filing the petition for dissolution of marriage shall tender to the clerk, at the time of filing, the completed VS-300 form typed and with signature in black or blue ink.

CRITICALCriminal cases

Applies to

Written recommendations

When recommending diversion, the Commonwealth must submit written recommendations for the diversion conditions and the 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 as the appropriate sentence to be imposed if the diversion agreement is unsuccessful . KRS 533 .252(3).

CRITICAL

Applies to

Discovery notice of service

A one-page notice of service under CR 33, CR 34, or CR 36 must be filed in the record to indicate initial discovery service and response.

A one-page notice of service under CR 33, CR 34, and CR 36 shall be filed in the record to indicate initial service of and response to discovery.

CRITICALCriminal cases

Applies to

Pretrial diversion application

The application must state that granting diversion waives the right to a speedy trial or disposition, and the defendant must agree to the waiver on the record.

In the application 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

The Court will execute an Agreed Order only when signed by all counsel of record or affected unrepresented parties; this procedure excludes Orders continuing a trial.

C. The Court will execute all Agreed Orders signed by all counsel of record or by the parties not represented by counsel who are affected by the Order with the exception of Orders continuing the trial of any case.

CRITICAL

Applies to

Guardian ad litem report

The GAL report must be filed in the record before an adoption proceeding may be assigned a final hearing date.

No adoption proceeding shall be assigned a final hearing date until the report of the GAL is filed in the record.

CRITICALCriminal cases

Applies to

Pretrial diversion motion

If the Commonwealth Attorney recommends diversion, the signed AOC Form 347 containing the recommendation must be filed with the Circuit Court Clerk.

In the event the Commonwealth Attorney recommends diversion, AOC Form 347, Styled Motion for Pre-trial Diversion of a Class D Felony (which contains the recommendation of the Commonwealth and is signed by the defendant, defense attorney, and the Commonwealth Attorney) will be filed with the Circuit Court Clerk.

CRITICALCriminal cases

Applies to

Pretrial diversion order

A diversion order must include restitution when the victim has suffered monetary damage.

The Order of Diversion shall include: l. Restitution, where victim has suffered monetary damage.

CRITICAL

Applies to

Proposed jury instructions

Unless the Court orders otherwise or good cause is shown, counsel must tender proposed jury instructions for the Court’s review on the first day of trial.

Unless otherwise ordered by the Court or except for good cause shown, the parties shall: A. Seven days prior to trial, each party shall submit a tendered Witness List and Exhibit List to all other parties. Counsel shall tender proposed Jury Instructions on the first day of trial for the Court's review.

CRITICALCriminal cases

Applies to

Order of diversion

A diversion order must address restitution when applicable, supervision status and fees, duration, compliance with Probation and Parole rules, and the defendant's obligation not to commit offenses and to comply with applicable conditions.

B. The Order of Diversion shall include : 1. Restitution, where victim has suffered monetary damage. 2. Whether the diversion shall be supervised or unsupervised (and include supervision fees, if applicable). In the event diversion is to be supervised, a monthly supervision fee of no less than $10.00 or more that $25 .00 shall be imposed on the divertee . 3. Duration of the diversion. 4. Requirement that the defendant obey all rules and regulations imposed by Probation & Parole . 5. As required by KRS 533 .030(1) [conditions of probation-restitution], Direction that the defendant not to commit any offense during the period of the pretrial diversion . The defendant shall be specifically directed to comply with any other provision of KRS 533 .030 or any other condition the Court deems appropriate .

CRITICAL

Applies to

Deposition transcript

A typed transcript of the verbal testimony and all objections, certified as accurate and complete, must be furnished to the Court in addition to the video recording.

C. In addition to the video recording of each deposition, there shall be furnished to the Court, for the purpose of ruling upon objections in advance of trial, a typed transcript of the verbal testimony and all objections thereto, duly certified to be accurate and complete.

CRITICAL

Applies to

Order

The party preparing an Order must ensure that it contains a Distribution list in the prescribed form.

It shall be the responsibility of the party preparing the Order to make sure that all Orders contain a Distribution list as set out in the example below:

CRITICALCriminal cases

Upon acceptance of a diversion agreement, the Court must make a record finding that the defendant entered the plea and agreement voluntarily, freely, intelligently, and understandingly.

If the diversion agreement is accepted, the Court shall make a specific finding on the record that the defendant entered the plea AND entered into the diversion agreement voluntarily, freely, intelligently and understandingly .

CRITICAL

Applies to

Default judgment motion

Must include

certificate of service

A default-judgment motion must include an attorney’s certificate addressing service and papers received, plus an affidavit stating whether the defaulting party is in military service.

The motion shall be accompanied by: (1) a certificate of the attorney that the opposing party has been served and that no papers have been served upon the attorney by the party in default; and (2) an affidavit stating whether the party in default is in the military service.

CRITICALCriminal cases

Applies to

Commonwealth recommendation

When recommending diversion, the Commonwealth must provide written recommendations for diversion conditions and the sentence to impose 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 as the appropriate sentence to be imposed if the diversion agreement is unsuccessful .

CRITICALCriminal cases

Applies to

Commonwealth recommendation

The Commonwealth must submit a written recommendation to the Court in response to each application.

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

CRITICAL

Applies to

Order or judgment

The Order or Judgment must identify the counsel who prepared it and state on its face if the opposing party is unrepresented.

It shall also have the documentation of which counsel it was "prepared by." 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

Signed judgment or order of sale

Signed Judgments and Orders of Sale must be sent to the Master Commissioner's Office within ten days of the judge's signature.

A. All signed Judgments and Orders of Sale must be sent to the Master Commissioner's Office within ten (10) days of Judge's signature.

CRITICAL

Applies to

Default judgment motion

A party seeking default judgment under the specified rules must file a written motion on the motion docket accompanied by the movant's CR 55.01 certificate.

A party seeking a judgment by default where CR 55.01, 5.01, or 6.03 apply shall file a written motion for such judgment, which must appear on the motion docket. Said motion shall be accompanied by the movant's certificate as stated in CR 55.01.

CRITICAL

Applies to

Child support worksheet

In uncontested cases involving minor children, a child support worksheet must be provided to the Court even if the parties agreed to a deviation.

D. In uncontested cases involving minor children, a child support worksheet shall be provided to the Court even if a deviation has been agreed upon.

CRITICAL

Applies to

Agreed order

An agreed order must identify the motion it resolves and state the agreement’s terms.

The agreed order shall refer to the Motion resolved in the agreed order and set forth the terms of the agreement.

CRITICAL

Applies to

Default judgment

A default judgment must state that the movant furnished the certificate required by CR 55.01.

Any judgment by default entered by the Court shall, as a part thereof, state that the movant has furnished the certificate as required by CR 55.01.

CRITICALCriminal cases

Applies to

Partial presentence investigation report

The Commonwealth must have the Office of Probation and Parole prepare a partial presentence investigation report.

Have the Office of Probation and Parole prepare a partial pre-sentence investigation report .

CRITICAL

Applies to

Written motion

Copies of family court videos of in-chambers interviews with children may not be released without a specific written order, and a request for that order must be made by written motion stating the reason and proposed use.

The Circuit Court Clerk's Offices in the 39" Judicial Circuit shall not release any copies of family court video in chamber interviews with children without a specific written order from the presiding family court judge. An individual requesting such an order must file a written motion, for the request which specifically sets forth the reason for the request and the proposed use thereof.

CRITICAL

Applies to

Court notification

After the final pretrial conference between counsel, counsel must advise the Court that it was held and report its results.

Upon completion, counsel for the parties shall advise the Court that such final conference was held and the results thereof.

CRITICAL

Applies to

Signed release

A party must provide signed releases for relevant information upon request.

provide signed releases upon request for relevant information.

CRITICAL

Applies to

Pleading

A. All pleadings must comply with the requirements of KRS Chapters 205, 403, 405, and 407 by providing the personal identifying information required in those chapters.

A. All pleadings must comply with the requirements of KRS Chapters 205, 403, 405, and 407 by providing the personal identifying information required in those chapters.

CRITICAL

Applies to

Case progress report

When the Court orders it in a case involving a child committed to the Cabinet, the case progress reports must be prepared, filed, and delivered to each party.

The case progress reports required by KRS 620.240 shall be prepared, filed and delivered to each party in every case in which a child is committed to the Cabinet for Health and Family Services as ordered by the Court.

CRITICAL

Applies to

Order decree or judgment

Must include

certificate of service

Tendered orders, decrees, and judgments must place “Prepared By” above the submitting attorney’s or party’s signature and include the Clerk’s certificate of service to all parties and counsel.

All orders, decrees and judgments tendered to the Court shall contain the words "Prepared By" above the signature of the attorney or party tendering same and shall contain the Family Court Clerk's certificate of service to all parties and counsel.

CRITICAL

Applies to

Ex parte motion

An ex parte motion concerning temporary child custody, support, or maintenance must include supporting affidavits sufficient to state grounds for injunctive relief.

An ex parte motion relating to these issues must be accompanied by supporting affidavits sufficient to state grounds for injunctive relief.

CRITICALCriminal cases

Applies to

Pretrial diversion application

The defense attorney must submit the diversion application to the Circuit Judge and Commonwealth Attorney, and the application must state the speedy-trial or disposition waiver, which the defendant must agree to on the record.

The defense attorney will submit an application for pre-trial diversion to the Circuit Judge and the Commonwealth Attorney . In the application 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 ofthe charge against him/her is waived.

CRITICAL

Applies to

Petition

A petition must cite the specific statutes and factual allegations relied upon to establish the Court’s jurisdiction.

It must cite to specific statutes and factual allegations relied upon in a certain the Court's jurisdiction;

CRITICAL

Applies to

Expenses

Expenses paid by prospective adoptive parents must be submitted to the Court pursuant to KRS 625.0405(2).

Any expenses paid by the prospective adoptive parents) shall be submitted to the Court per KRS 625.0405(2).

CRITICAL

Applies to

Initial hearing

At the initial hearing, the Court must explain the child's rights and charge on the record and use AOC-JV-49.

The Court shall explain to the child on the record his or her rights and the charge and shall utilize AOC-JV-49 Notice of Juvenile Rights and Consequences for Status Offenders.

CRITICALCriminal cases

Applies to

Motion for pretrial diversion

If the Commonwealth Attorney recommends diversion, AOC Form 347 must be filed with the Circuit Court Clerk and signed by the defendant, defense attorney, and Commonwealth Attorney.

In the event the Commonwealth Attorney recommends diversion, AOC Form 347, Styled Motion for Pre-trial Diversion of a Class D Felony (which contains the recommendation of the Commonwealth and is signed by the defendant, defense attorney, and the Commonwealth Attorney) will be filed with the Circuit Court Clerk .

CRITICALCriminal cases

Applies to

Order granting pretrial diversion

The Court may order diversion for eligible petitioners on appropriate terms and conditions, using AOC Form 345 for the order.

The Cowl may, in its discretion, order pretrial diversion for eligible petitioners upon terms and conditions it deems appropriate . AOC Form 345, styled Order Granting Pretrial Diversion of a Class D Felony, shall be used for this purpose .

CRITICALCriminal cases

Applies to

Diversion recommendation

The Commonwealth must provide a written recommendation for each application using AOC Form 347.

The Commonwealth shall make a written recommendation to the Court in response to each application . AOC Form 347, Styled Motion for Pre-trial Diversion of a Class D Felony shall be used for this purpose .

CRITICAL

Applies to

Motion

Each motion must include a brief statement of its grounds and citations to relied-upon authorities; the statement may appear in the body of the motion.

F. There shall be filed with each motion a brief statement of the grounds therefore with citations of authorities relied upon, which may be set forth in the body of the motion, if the pleader so desires.

CRITICAL

Applies to

Deposition record

Each deposition must be taken before an officer qualified to administer the witness’s oath and certify that the record is accurate and complete.

B. Each deposition shall be taken before an officer duly qualified to administer the oath to the witness and to certify that the record thus made is accurate and complete.

CRITICAL

Applies to

Show cause motion

A party seeking a show-cause order for contempt must file a motion supported by an affidavit sufficiently showing entitlement to the order.

To procure an order requiring a party to show cause why he or she should not be held in contempt for violation of a court's order, a motion supported by a sufficient affidavit showing that applicant is entitled to the order must be filed.

CRITICAL

Applies to

Request for counsel

Upon request and qualification, appointment of a Guardian ad Litem or attorney requires execution of the DNA 11 Financial Statement, Affidavit of Indigence, and Request for Counsel Form.

The Court shall appoint a Guardian ad Litem for the minor child/children, and an attorney for any named party, parent or custodian upon their request and execution of a DNA 11 Financial Statement, Affidavit of Indigence and Request for Counsel Form and qualification.

CRITICAL

Applies to

Joint statement

If counsel disagree about whether a proposed order conforms to the ruling, they must notify one another, review the hearing video within five business days, and, if they still disagree, tender a joint statement attaching both proposed orders and citing the relevant portion of the tape.

In the event counsel disagree on whether a proposed order is in conformity with the judge's ruling counsel shall notify each other of the disparity, and within five (5) business days of notice, shall review the video tape of the hearing, and if still in disagreement, counsel shall tender a joint statement to the judge with both proposed orders attached thereto for entry by the Court. The statement shall reference the tape citation to the judge's ruling.

CRITICAL

Applies to

Uncontested dissolution submission

If the parties agree on all issues, they may seek a dissolution decree without a hearing by filing an agreed order to submit and tendering a proposed decree and the information required by FCRPP 3(1).

If parties reach an agreement on all issues, a decree of dissolution may be obtained without a hearing by filing an agreed order to submit in the Circuit Court Clerk's office in the county where the case is filed and tendering a proposed decree of dissolution of marriage and all requisite information required by FCRPP 3(1).

CRITICAL

Applies to

Petition

A petition filed with the Court must be accompanied by the applicable FCRPP 40 form.

If a Petition is filed with the Court, it shall be accompanied by the applicable form as required by FCRPP 40,

CRITICALCriminal cases

Applies to

Order voiding pretrial diversion

AOC Form 346, Order Voiding Pretrial Diversion of a Class D Felony, must be used to void participation in pretrial diversion.

AOC Form 346, styled Order Voiding Pretrial Diversion of a Class D Felony shall be used for this purpose.

CRITICALCriminal cases

Applies to

Pretrial diversion order

A diversion order must state whether supervision is supervised or unsupervised and include applicable supervision fees; supervised diversion carries a monthly fee of $10 to $25.

The Order of Diversion shall include: 2. Whether the diversion shall be supervised or unsupervised (and include supervision fees, if applicable). In the event diversion is to be supervised, a monthly supervision fee of no less than $10 .00 or more that $25 .00 shall be imposed on the divertee .

CRITICAL

Applies to

Motion for compensation

A motion for compensation must include an affidavit stating the appointment’s statutory basis, services and fee details, and the disposition date.

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 proceeding have been concluded and the date of disposition.

CRITICAL

Applies to

Notice

Counsel must tender a notice conforming to the hearing date and have it noticed to all necessary parties.

Within the time period required by statute, counsel for the Petitioner with notice to all necessary parties, shall obtain a final hearing date directly from the Court and tender an Notice in conformity with the given date to be noticed to all necessary parties.

CRITICAL

Applies to

Order

A sale must occur within the time specified in the Judgment and Order of Sale; if that time expires, a new Order setting a later sale date is required.

B. Sales cannot occur outside the time specified in the Judgment and Order of Sale. If the specified time expires, there must be a new Order setting forth a later sale date.

CRITICALCriminal cases

Applies to

Written recommendation

The Commonwealth must provide a written recommendation for each application using AOC Form 347.

The Commonwealth shall make a written recommendation to the Court in response to each application. AOC Form 347, Styled Motion for Pre-trial Diversion of a Class D Felony shall be used for this purpose.