Woodford County Circuit Court, Kentucky Document Filing Requirements

CRITICAL

Applies to

Settlement agreement

The settlement agreement must attach the Preliminary Verified Disclosure Statement and expressly adopt it as final while waiving objections.

however, the Preliminary Verified Disclosure Statement, AOC-238, shall be attached to the settlement agreement and the agreement shall include language specifically adopting it as final and waiving any objections.

CRITICAL

Applies to

Bond

All bonds must be submitted to the Master Commissioner and the Court for signature and approval, together with the fee payable to the Circuit Court Clerk.

All bonds shall be submitted to the Master Commissioner and the Court for signature and approval along with the fee payable to the Circuit Court Clerk.

CRITICAL

Applies to

Report

When a report concerns multiple siblings, the Cabinet must provide the Circuit Clerk a copy for each child's file.

If there are multiple siblings to whom the report refers, the Cabinet shall provide to the Circuit Clerk a copy of the report for each child's file.

CRITICAL

Applies to

Protective order petition

Protective-order petitions under KRS Chapter 403 or 456 must use form AOC-275.1 and be accepted and filed with the court.

All petitions requested, completed and signed by persons seeking protection under KRS Chapter 403 or KRS Chapter 456 shall be made on form AOC-275.1, and shall be accepted and filed with the court. KRS 403.725, KRS 456.030.

CRITICALCriminal cases

Applies to

Diversion recommendation

When recommending diversion, the Commonwealth must submit written recommendations to the Court on 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 ofconditions 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

Motion for compensation

A compensation request must use the appropriate FAC form instead of a separate motion, be accompanied by an affidavit, and include the statutory appointment basis, service hours and description, fee reasonableness, and conclusion and disposition date.

Motions for compensation shall be accompanied by affidavit; the appropriate FAC form shall be used in lieu of a separate motion. Submitted documentation shall include: 1. The statutory basis for appointment; 2. The hours of service rendered with a brief description of the services rendered and reasonableness of the fee request; and 3. That the action or proceeding has been concluded and date of disposition.

CRITICAL

Applies to

Waiver

A party seeking to sign the waiver must do so before a notary.

Any party seeking to sign such waiver shall Appearances Waivers and Agreements before a notary.

CRITICALCriminal cases

Applies to

Order of termination

The district or circuit clerk must file the Order of Termination in the official record.

The Order of Termination shall be filed in the official record by the district/circuit clerk.

CRITICAL

Applies to

DNA Form 12

The child's most recent report card and school behavior record must be attached to DNA Form 12.

A copy of the child's most recent report card and school behavior record shall be attached to the DNA Form 12.

CRITICAL

Applies to

Brief

Briefs or memoranda relying on deposition testimony must attach the relevant deposition portions for the Court and counsel.

Copies of the relevant portions of depositions relied upon in briefs to the Court shall be attached to the briefs or memorandum for the Court and counsel.

CRITICAL

Applies to

Motion

When a GAL appointment is required in an adoption or termination-of-parental-rights action, counsel must file a separate motion and tender an appointment order.

Counsel shall make by separate motion and tender an order for the appointment of a Guardian ad Litem (hereinafter GAL) in all actions for adoption or termination of parental rights which require the appointment of a GAL.

CRITICAL

Applies to

Newspaper sale advertisement

Before a sale, the Master Commissioner must publish a newspaper advertisement stating the sale’s time, terms, place, and property description.

Before conducting a sale, the Master Commissioner shall place an advertisement in a newspaper meeting the requirements of KRS 424.120, and setting forth the time, terms, place of sale and description of the property to be sold.

CRITICAL

Applies to

Pleading motion notice of filing agreement order

Pleadings, motions, notices of filing, agreements, and orders must identify the party represented and provide the specified mailing addresses and telephone numbers, subject to the stated confidentiality protection.

All pleadings, motions, notices of filing, agreements and orders shall specifically state which party the attorney represents and set forth the correct mailing addresses and telephone numbers for the attorneys and parties, if unrepresented by counsel. If an unrepresented party is a victim of domestic violence or has approval from the Court for good cause shown, the information shall remain confidential.

CRITICALCriminal cases

Applies to

Confidentiality agreement

Non-team members can be allowed to attend the staffing, but only upon approval by judge and after signing a confidentiality agreement.

Non-team members can be allowed to attend the staffing, but only upon approval by judge and after signing a confidentiality agreement.

CRITICAL

Applies to

Motion for sale

The party moving for a sale must state in the record all outstanding taxes and assessments, with payoffs through sale confirmation and payment of the purchase price.

It shall be the requirement of the party moving for the sale to properly set forth in the record all outstanding amounts due for taxes and assessments, with payoffs through the date of confirmation of sale, and payment of purchase price.

CRITICAL

Applies to

Merits motion

A merits motion must include a brief statement of its grounds and supporting authorities, and omission may be grounds to overrule it.

All motions going to the merits of the case, including motions to dismiss, motions for summary judgment, motions to strike, and motions under Civil Rule 12.02 shall be accompanied by a brief statement of the grounds for the motion with citation of authorities relied upon. Failure to file a statement of grounds with supporting authorities may be a basis for overruling the motion.

CRITICAL

Applies to

Notice of related cases

If there are related cases, the petitioner must file a notice of them with the initiating pleading.

At the time the initiating pleading is filed, Petitioner is required to file with the Court a notice of related cases, if any.

CRITICAL

Applies to

Petition

A petition must include the factual allegations supporting the Family Court's jurisdiction.

1. Factual allegations relied upon in asserting the Family Court's jurisdiction; and

CRITICAL

Applies to

Other pleading

Other pleadings, including pleadings in other KRS chapter 403 matters, must be denominated as provided in the Rules of Civil Procedure.

Other pleadings, and all pleadings in other matters under KRS chapter 403, shall be denominated as provided in the Rules of Civil Procedure.

CRITICAL

Applies to

Order

Filings of orders and related documents to be incorporated into a final order must include an original, sufficient copies, and stamped, addressed envelopes for each party.

All filings of any order, decree, judgment, form or settlement agreement to be incorporated by reference into the final order, shall include an original and the appropriate number of copies to be entered and served upon each party, and shall include an appropriate number of stamped and properly addressed envelopes for service upon each party.

CRITICAL

Applies to

Response

A response opposing a motion must state the grounds for opposition and cite supporting authorities.

shall file a response containing a statement of grounds for opposing the motion with citation of supporting authorities.

CRITICAL

Applies to

Certification

Before tendering a Judgment for approval, the tendering party must give the Master Commissioner a written certification of the due diligence search to identify the deceased party’s heirs, devisees, and their spouses.

Before a Judgment is tendered to the Master Commissioner for approval, the party tendering the Judgment must certify in writing to the Master Commissioner that a due diligence search has been made (i.e., newspaper, online obituary, probate Court records) to ascertain the identity of the deceased party’s heirs, devisees, and their respective spouses.

CRITICAL

Applies to

Affidavit for costs and attorneys fees

An affidavit for costs and attorney’s fees must be filed with an appropriate separate order, and the fees and costs are subject to Court approval.

An affidavit for costs and attorney's fees must be filed with the Court along with an appropriate order separate from the final judgment. Fees and costs are subject to approval by the Court.

CRITICAL

Applies to

Original pleading motion or filing

An original pleading, motion, or other paper filed in the record must include the attorney's or party's signature; a rubber stamp does not qualify as a signature on an original pleading or motion.

The original pleading, motion and any other paper filed in the record by counsel or party shall include the signature of the attorney or party. A rubber stamp shall not be deemed a signature on the original pleading or motion either under this rule or CR 11.

CRITICAL

Applies to

Order for deed or distribution

Orders authorizing a deed or distribution of sale proceeds in actions requiring a CR 4.11 bond must contain the specified constructive-service and bond language.

All Orders authorizing the deed or distribution of sale proceeds in any action in which a bond under C.R. 4.11 is required must contain the following language” “The Defendant(s), ________________________________, are before the Court solely by constructive service. Therefore, prior to the distribution of sale proceeds, or the delivery of a deed, the movant shall post a bond pursuant to CR 4.11 in the penal sum of $________________ and furnish the Master Commissioner a copy thereof before entry of this Order.”

CRITICAL

Applies to

Original pleading

Copies of every case cited in a legal brief, memorandum, or motion body must be attached to the original pleading filed in the court file.

Copies of all cases cited within legal briefs, memoranda or the body of the motion shall be attached to the original pleading filed in the court file.

CRITICAL

Applies to

Motion

A person seeking a judicial order for a video record must file a written motion identifying the requested portion and the specific purpose for the request.

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 portion of the video record being requested and the specific purpose for the request.

CRITICAL

Applies to

Joint verified statement and order

When the parties have a minor child, they must submit a joint verified statement and order stating the health-insurance obligation; the requirement may be included in the settlement agreement.

E. When the parties have a minor child, pursuant to KRS 403.212, a court shall order health insurance coverage when reasonably available. Therefore, parties shall also submit a joint verified statement and order that includes specific language setting forth this obligation. This requirement may be set forth in the settlement agreement.

CRITICAL

Applies to

Final contested hearing

When applicable, certificates showing that both parties and their children completed the parent education program must be provided before a final contested hearing date is assigned.

C. In a proceeding for dissolution of marriage or custody the Circuit Clerk shall not assign a date for final contested hearing until certificates demonstrating that both parties and their children have completed the parent education program, if applicable.

CRITICAL

Applies to

Motion for temporary child support or maintenance

A motion for temporary child support or maintenance must comply with FCRPP 9(4).

A motion for temporary child support or maintenance shall comply with FCRPP 9(4).

CRITICAL

Applies to

Default judgment motion

Must include

proposed order

The proposed default judgment must be tendered with the motion or at the motion hearing.

A proposed default judgment must be tendered with the motion for default judgment or at the time of the hearing of said motion.

CRITICALCriminal cases

Applies to

Order of diversion

The Order of Diversion must state applicable restitution, supervision status and any applicable supervision fees, the diversion duration, required compliance with Probation & Parole rules, and the specified conduct conditions.

B . The Order of Diversion shall include : l . 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 & Parole . 5 . As required by KRS 533 .030 (1) [conditions of probation-restitution], direct the defendant not 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

Court order of appointment

After appointed counsel accepts an appointment, the Circuit Clerk or court designee must generate an appointment order, which satisfies the written entry of appearance.

After a GAL or other appointed counsel accepts an appointment, a court order of appointment shall be generated by the Circuit Clerk or other court designee and said order will satisfy the written entry of appearance in compliance with FCRPP 26.

CRITICAL

Applies to

Petition

Adoption petitions must be filed pursuant to KRS Chapter 199, and termination-of-parental-rights petitions pursuant to KRS Chapter 625.

All petitions for adoption shall be filed pursuant to KRS Chapter 199 and petitions for termination of parental rights shall be filed pursuant to KRS Chapter 625.

CRITICAL

Applies to

Order or judgment

Counsel preparing an order or judgment must provide the Clerk enough copies and addressed, stamped envelopes for service when Civil Rule 77.04 requires it.

The counsel preparing the order or judgment shall also deliver to the Clerk enough copies, together with properly addressed stamped envelopes to permit the Clerk to complete service thereof when required by Civil Rule 77.04.

CRITICAL

Applies to

Child support worksheet

When the parties have a minor child, they must submit a completed child support worksheet signed by both parties even if they agree to deviate from the guidelines or not require child support.

D. When the parties have a minor child a completed child support worksheet signed by both parties shall be submitted even if the parties agree to deviate from the Kentucky Child Support Guidelines and/or not require child support.

CRITICAL

Applies to

Order of referral

Plaintiff's counsel must prepare and file AOC Form 141S, Order of Referral, with payment of the JSAF.

Counsel for Plaintiff shall be responsible for preparation and filing AOC form 141S, Order of Referral, required in conjunction with payment of the JSAF.

CRITICAL

Applies to

Order referring case to master commissioner

An order referring a matter to the Master Commissioner must clearly identify the reference's purposes and the Commissioner's duties.

The Order shall be sufficiently specific to indicate clearly the purposes of the references and the duties to be performed by the Master Commissioner thereunder.

CRITICAL

Applies to

Proposed order

The proposed order must be endorsed by adverse parties as “have seen.”

The proposed order shall than be provided to all adverse parties for endorsement as being “have seen”.

CRITICALCriminal cases

Applies to

Listed mental health court documents

BSW-MHC staff must file copies of the listed documents with the appropriate court clerk; all other Mental Health Court documents must be kept confidential and under seal.

Upon utilization of any of the following documents, a copy of such documents shall be filed by BSW- MHC staff with the appropriate court clerk for entry into the court record of the underlying criminal offense. All other Mental Health Court documents shall be kept confidential and under seal:

CRITICAL

Applies to

Petition for dissolution

A completed VS-300 form must be filed with the Petition for Dissolution.

A completed VS-300 form typed and signature in black or blue ink shall be filed at the time of filing of the Petition for Dissolution.

CRITICAL

Applies to

Court notice

The notice must clarify that foster parents are not ordered to appear and explain their rights to notice, appearance, and an opportunity to be heard.

The notice shall specifically state that the notice is not an order for the foster parents to appear, but rather that they have a right to notice of the proceeding and a right to appear and an opportunity to be heard at the proceedings.

CRITICAL

Applies to

Plea paperwork

The Court will not take a plea unless the proper paperwork has been filed in the record by the time the plea is taken.

The Court shall not take any pleas from defendants absent the proper paperwork being filed in the record on or before the time of the taking of the plea.

CRITICALCriminal cases

Applies to

Referral order

BSW-MHC staff determine program eligibility upon receiving a judge’s written referral order.

Upon receipt of a written order of referral from a judge, BSW-MHC staff shall determine whether a person is eligible for the program using the following criteria.

CRITICAL

Applies to

Deposition

Depositions must be filed with the county Circuit Clerk or sent to the Clerk by registered mail for filing.

All depositions shall be filed with the Circuit Clerk of the county in which the action is pending or sent in by registered mail to the Clerk for filing.

CRITICALCriminal cases

Applies to

Agreement of participation

The defendant must sign the Agreement of Participation.

The defendant will sign the Agreement of Participation.

CRITICAL

Applies to

Withdrawal by retained counsel on appeal

Before permission to withdraw is granted, retained trial counsel must prepare and file the listed notice, motion, affidavit, and orders.

Before permission to withdraw is granted, it shall be the responsibility of retained trial counsel to prepare and file the following: 1. Notice of Appeal pursuant to Criminal Rule 12.04 and Civil Rule 73.02; 2. Motion, Affidavit and Order for leave to appeal In Forma Pauperis; 3. Order directing preparation of the transcript; and 4. Order substituting the Public Defender's Office as counsel on appeal.

CRITICAL

Applies to

Motion to submit

When the parties have resolved all issues by settlement and submit proof by deposition upon written questions, they may submit the decree motion directly to the Court without placing it on the docket, using the specified documents; the AOC-238 statements cannot be waived by agreement.

C. Where proof is submitted by deposition upon written questions and the parties have executed a settlement agreement resolving all issues, a motion to enter a decree need not be placed upon the Court's docket but may be submitted directly to the Court in the form of a Motion to Submit with an Order to Submit, and include a deposition upon written questions, Findings of Fact and Conclusions of Law, Decree of Dissolution, original copy of the settlement agreement, both parties' Form AOC-238 Preliminary Verified Disclosure Statement, a completed child support worksheet signed by both parties, if applicable, and a Form AOC-152 Uniform Child Support Order and/or Wage/Benefit Withholding Order for Kentucky Employers, if applicable. Parties may not waive by agreement submission of the Form AOC-238 Preliminary Verified Disclosure Statement.

CRITICAL

Applies to

Notice electronic service

Consent to electronic service is given by filing and serving a notice that identifies the address for electronic service.

The attorney or a party consents to accept electronic service by filing and serving a notice electronic notification address at which the attorney or party agrees to accept service. that the attorney or party accepts electronic service.

CRITICAL

Applies to

Initial pleading

An initial pleading in a proceeding under KRS chapter 403 must be denominated a petition.

Pursuant to KRS 403.130(3) an initial pleading in all proceedings under KRS chapter 403 shall be denominated a petition.