Wolfe County Circuit Court, Kentucky Document Filing Requirements

CRITICALCriminal cases

Applies to

Pretrial diversion order

The Court must use AOC Form 345 for an order granting pretrial diversion.

AOC Form 345, styled Order Granting Pretrial Diversion of a Class D Felony, shall be used for this purpose.

CRITICAL

Applies to

Discovery motion

Must include

certificate of conference

The moving party shall attach to the motion a certification of counsel that he or she has attempted to resolve the dispute and that they have been unable to do so. 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 he or she has attempted to resolve the dispute and that they have been unable to do so. The certification should detail the attempts of counsel to resolve the dispute.

CRITICALCriminal cases

Applies to

Diversion recommendation

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

3. 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

Petition

A petition under KRS Chapter 620 and FCRPP 20 must be filed on form AOC-DNA-1 and seek removal or non-removal of the child.

The petition pursuant to KRS Chapter 620 and FCRPP 20 shall be filed on AOC-DNA-1 seeking removal or non-removal of a child alleged to be dependent, neglected or abused.

CRITICAL

Applies to

Petition

A voluntary termination petition must be filed pursuant to KRS Chapter 625 and FCRPP 32.

The Petition shall be filed pursuant to KRS Chapter 625 and FCRPP 32.

CRITICALCriminal cases

Applies to

Pretrial diversion order

The diversion order must address restitution when applicable, supervision status and applicable fees, duration, compliance with Probation and Parole rules, and the specified conduct conditions.

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

Hearing notice

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

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

CRITICAL

Applies to

Order or judgment

After a ruling or opinion, the movant must prepare a conforming order or judgment unless the Court directs otherwise.

When a ruling is made or opinion rendered, an order or judgment in conformity therewith shall be prepared by the movant or as directed by the Court.

CRITICALCriminal cases

Applies to

Order voiding pretrial diversion

AOC Form 346 must be used for an order voiding pretrial diversion.

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

CRITICAL

Applies to

Temporary child support motion

A motion for temporary child support must include verification of child-care and health-insurance costs when applicable.

In addition to the requirements of FCRPP 9, a motion for temporary child support shall be accompanied by verification of child care and health insurance cost if applicable.

CRITICALCriminal cases

Applies to

Pretrial diversion order

The Court 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.

The Court 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.

CRITICAL

Applies to

Adoption petition

An adoption petition must be filed pursuant to KRS Chapter 199 and FCRPP 32 and 33.

The petition shall be filed pursuant to KRS Chapter 199, and in accordance with FCRPP 32 and 33, and a Guardian ad Litem (GAL), shall be appointed for the child(ren), unless the provisions of KRS 199.480(3) are met.

CRITICAL

Applies to

Response

If a party chooses to respond or the Court orders a response, the response must be in the same form as the motion’s required statement of grounds and authorities.

If a party desires to respond or if the Court orders a response, the response to any motion shall be in similar form

CRITICAL

Applies to

Summons

Summons show issued to the parents or other person exercising custodial control or supervision upon falling of the petition, setting a date for initial appearance.

Summons show issued to the parents or other person exercising custodial control or supervision upon falling of the petition, setting a date for initial appearance.

CRITICAL

Applies to

Show cause order

A show-cause order must briefly state its grounds and include the specified warning about arrest 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, AN ORDER FOR YOUR ARREST WILL BE ISSUED.

CRITICAL

Applies to

Necessary paperwork and orders

Counsel must tender all necessary paperwork and orders to the Court seven days before the hearing.

Counsel shall tender all necessary paperwork and orders to the Court seven (7) days prior to the hearing for review.

CRITICAL

Applies to

Petition

An involuntary termination petition must be filed pursuant to KRS Chapter 625 and FCRPP 32 and 34.

The Petition shall be filed pursuant to KRS Chapter 625 and FCRPP 32 and 34.

CRITICALCriminal cases

Applies to

Pretrial diversion application

The defense attorney must submit the diversion application to the Circuit Judge and Commonwealth Attorney, state the speedy-trial waiver in the application, and obtain the defendant’s on-record agreement to that waiver.

B. 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 of the charge against him/her is waived.

CRITICALCriminal cases

Applies to

Court record

If the diversion agreement is accepted, the Court must make a specific on-the-record finding that the defendant entered both the plea and agreement voluntarily and with understanding.

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

Status offense complaint

An adult with a reasonable basis to lodge a status-offense complaint must file it with the Court Designated Workers.

A complaint pursuant to KRS Chapter 630, Status Offenders, shall be filed the Court Designated Workers by any adult who has a reasonable basis to lodge such complaint.

CRITICAL

Applies to

Motion to set for trial

A party seeking a trial date must file a motion entitled “Motion to Set for Trial,” which will be placed on the motion docket.

Any party desiring a trial date shall file a motion entitled "Motion to Set for Trial" which shall be placed on the motion docket.

CRITICAL

Applies to

Video deposition and transcript

When a deposition is completed, the reporter who took it must transmit its video and typed transcript to the Clerk in the manner required by law.

D. When completed, the video and typed transcript of each deposition thus taken shall be transmitted to the Clerk of the Court by the reporter who took the same in the manner required by law.

CRITICALCriminal cases

Applies to

Partial presentence investigation report

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

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

CRITICAL

Applies to

Motion

Must include

proposed order

Motions must be filed with a conforming proposed order, including orders requiring findings of fact and conclusions of law, except motions to set a pretrial conference or trial date.

H. All motions, including motions for summary judgment but excluding motions to set a pretrial conference or trial date, shall be filed with the tender of a proposed order in conformity therewith including such Orders that require findings of fact and conclusions of law.

CRITICALCriminal cases

Applies to

Commonwealth recommendation

The Commonwealth must use AOC Form 347 for its written recommendation.

AOC Form 347, Styled Motion for Pre-trial Diversion of a Class D Felony shall be used for this purpose .

CRITICAL

Applies to

Petition

The petition process must include full information about the child’s parents and addresses, and the petitioner must diligently try to locate them, including through the listed contacts.

Full information concerning the child's parents and their addresses). The petitioner shall make diligent efforts to locate the child's parents, including but not limited to, initiating contact with the Child Support Division of the local County Attorney's Office friends and relatives of the parents and local jails.

CRITICAL

Applies to

Written motion

A request for confidential family-court video records must be made by written motion providing notice to all parties, including the Guardian ad Litem, and stating the reason and proposed use; copies may not be released without a specific written order from the presiding family court judge.

The Circuit Clerk's Office in the 39" Judicial Circuit shall not release any copies of family court confidential video records without a specific written order from the presiding family court judge an individual request in such an order must follow written motion which includes notice to all parties including the Guardian ad Litem, setting forth the reason for the request and the proposed use thereof.

WARNING

Applies to

Written agreement

The Court may enforce an alteration to the visitation schedule only if it is a mutual written agreement filed in the record.

Only mutual written agreements in writing filed in the record may be enforced by the Court.

WARNING

Applies to

Certificate of service

proof of service on the Judge should be listed on the Certificate of Service.

proof of service on the Judge should be listed on the Certificate of Service.

INFOCriminal cases

Applies to

Pretrial diversion order

The diversion order may include drug- and alcohol-free requirements with random testing, prohibitions on specified violations, and a prohibition on possessing firearms or other deadly weapons.

The Order of Diversion may include the following: l. That the defendant remain drug and alcohol free and be subject to random testing. 2. That the defendant have no violation of the Penal Code or the Controlled Substance Act. 3. That the defendant possess no firearm or any other deadly weapon.

INFOCriminal cases

Applies to

Order of diversion

A diversion order may include requirements to remain drug- and alcohol-free and submit to random testing, avoid violations of specified laws, and possess no firearm or other deadly weapon.

C. The Order of Diversion may include the following : 1. That the defendant remain drug and alcohol free and be subject to random testing . 2. That the defendant have no violation of the Penal Code or the Controlled Substance Act. That the defendant possess no firearm or any other deadly weapon.