Woodford County Circuit Court, Kentucky Document Filing Requirements

CRITICALCriminal cases

Applies to

Order of contempt

A judge may refer a person charged with contempt to Mental Health Court instead of incarceration only after an order of contempt has been entered.

An order of contempt of court: any judge may refer a person charged with contempt of court to Mental Health Court in lieu of being incarcerated on the contempt charge, but only after an order of contempt has been entered.

CRITICAL

Applies to

Related case disclosure

The parties must keep the Family Court informed of related cases in any jurisdiction or state that could affect the current proceeding.

C. The parties shall have a continuing duty to inform the Family Court of any related cases in this or any other jurisdiction or state that could affect the current proceeding.

CRITICAL

Applies to

Petition

A petition in a dissolution or custody action must include the summons to be served on all necessary parties.

All petitions filed in dissolution or custody actions shall include the summons to be served on all necessary parties.

CRITICAL

Applies to

Notice of motion

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

Notice of the motion shall specify the date, time, and place of the hearing.

CRITICAL

Applies to

Settlement agreement

Every settlement agreement must have a Form AOC-238 for each party attached.

D. A Form AOC-238 Preliminary Verified Disclosure Statement for each party shall be attached to all settlement agreements.

CRITICAL

Applies to

Status summons

The Circuit Clerk must attach a copy of the Status petition to every Status summons.

The Circuit Clerk shall attach a copy of the Status petition to all Status summonses.

CRITICAL

Applies to

Motion

A motion must use the specified NOTICE - MOTION or NOTICE - FILING title and place the notice with the proceeding date and location before the motion or filing.

All motions shall be titled NOTICE - MOTION (or NOTICE - FILING, if more applicable). The NOTICE setting forth the date and location of the proceeding shall appear first, followed by MOTION (or FILING, if more applicable) which shall state with specificity the relief or order requested, a statement of the grounds for the relief or order with appropriate citations to supporting authority and any proof including affidavits in support of the relief required at the time of filing.

CRITICALCriminal cases

Applies to

Notice of termination

The circuit clerk must file the Notice of Termination in the official record.

The Notice of Termination shall be filed in the official record by the circuit clerk.

CRITICAL

Applies to

Summons

A summons must include a copy of the petition and any accompanying documents required by FCRPP 40.

The Circuit Clerk shall attach to the summons a copy of the petition and any accompanying documents required to be filed pursuant to FCRPP 40.

CRITICALCriminal cases

Applies to

Letter

If service adjustments occurred within the previous 30 days, the participant must write the court a short letter explaining why they believe they qualify for phase promotion.

Participant must write a short letter to the court explaining why they believe they are qualified for the phase promotion if any service adjustments occurred within the previous 30 days.

CRITICAL

Applies to

Offer sheet

An offer sheet must be signed by the prosecutor, defendant, and defense counsel; be legible and clearly state any charge amendments or dismissals and their bases; and be filed by the date the plea is taken.

All offer sheets shall be signed by the attorney prosecuting the case, the defendant, and the defendant’s counsel and shall be filed in the record on or before the date the defendant’s plea is taken. The offer sheet shall be legible and shall clearly set out any amendments to charges or dismissal of charges and the basis for the amendments and/or dismissals.

CRITICALCriminal cases

Applies to

Order of termination and affidavit of violations

The circuit clerk must file the Order of Termination and Affidavit of Violations and serve the termination notice on the parties, their attorneys, and probation and parole.

The Order of Termination and Affidavit of Violations shall be filed in the official record by the circuit clerk, who shall serve the notice of termination on the parties, their attorneys, and probation and parole.

CRITICAL

Applies to

Family court case

Must include

caption, case number

Family Court case filings must use the specified caption and case title for the relevant proceeding.

Cases filed in the Family Court shall be styled as follows: 1. Caption: COMMONWEALTH OF KENTUCKY CIRCUIT COURT DIVISION III FAMILY CASE NO: 2. As set forth in KRS 403.130(2), a proceeding for dissolution of marriage, legal separation or declaration of invalidity of marriage shall be entitled "IN RE THE MARRIAGE OF .... .." A custody or support proceeding shall be entitled IN RE THE (CUSTODY) (SUPPORT) OF .

CRITICAL

Applies to

Order for distribution

Orders associated with motions for distribution must be submitted to the Master Commissioner for review and approval with an appropriate number of copies for the Court, Master Commissioner, and parties listed on the Certificate of Service, plus postage-paid envelopes.

Motions for distribution of cancelled sale costs or for distribution of costs of sale shall be filed within ten (10) days immediately following the filing of the Report of Sale or Cancelled Sale and shall be noticed at the convenience of the Court, with all Orders to be submitted to the Master Commissioner for review and approval, along with appropriate number of copies for the Court, Master Commissioner, and parties on the Certificate of Service and postage paid envelopes.

CRITICAL

Applies to

Discovery motion

The moving party must attach counsel's certification that counsel attempted to resolve the discovery dispute and could not do so.

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.

CRITICAL

Applies to

Order referring case for judicial sale

A judicial-sale referral must use form AOC-141S or AOC-141SP.

For judicial sales referred to the Master Commissioner, the AOC-141S (Order Referring Case to Master Commissioner for Judicial Sale) or the AOC-141SP (Order Referring Case to Special Master Commissioner for Judicial Sale), shall be utilized.

CRITICAL

Applies to

Motion to enter plea

A motion to enter a guilty plea or an Alford plea must be filed when the Court takes the plea.

A motion to enter the guilty plea or plea pursuant to North Carolina v. Alford shall be filed at the time the defendant’s plea is taken by the Court.

CRITICAL

Applies to

Dui guilty plea form

A DUI guilty plea form must be filed in the record whenever the defendant pleads guilty to driving under the influence.

A DUI guilty plea form shall also be filed in the record in any matter in which the defendant pleads guilty to driving under the influence.

CRITICAL

Applies to

Petition

CHFS must file with the petition any custody judgments relating to the removed child.

The CHFS shall file with the petition any judgments of custody relating to the removed

CRITICAL

Applies to

Responsive pleading

A responsive pleading must be denominated a response.

A responsive pleading shall be denominated a response.

CRITICAL

Applies to

Property mediation submission

For property mediation, the parties must exchange and provide the listed financial information and documents to the mediator at least five working days before the conference.

Property mediation requires that the parties shall exchange and provide to the mediator, in no less than five (5) working days prior to the mediation conference, the following: 1. Supplement to financial disclosure statement regarding any material change; 2. A short statement including definition of the issue to be addressed by the mediator and a brief narrative statement of any special problems affecting the case (c.g. closely held corporation, medical problems of any family member, etc.); 3. Copies of all documents supporting valuation of assets; 4. Copies of all documents verifying monthly payments and outstanding balances on all debts; and 5. All information and copies of all documents requested by the mediator prior to the mediation conference.

CRITICAL

Applies to

Order referring case to master commissioner

A referral for any other matter must use form AOC-141.

For all other matters referred to the Master Commissioner, the AOC-141 (Order Referring Case to Master Commissioner) shall be utilized.

CRITICAL

Applies to

Motion notice

All docketed motions must be noticed to the child's foster parents, if any, and to any pre-adoptive parent or relative providing care.

Pursuant to 42 U.S.C. 675(5) and 45 CFR § 1356.21(o), all motions set on the court docket shall be noticed to the foster parents, if any, of the child and any pre-adoptive parent or relative providing care for the child.

CRITICAL

Applies to

Foreclosure sale filing

The applicable foreclosure document must include language requesting payment from the foreclosure proceeds of current-year taxes due before sale and outstanding delinquent real-property taxes, without naming the taxing districts as parties.

Language reflecting the priority of and request to pay all taxes for the current tax year which become due prior to the date of sale and all outstanding delinquent real property taxes without necessity of including the appropriate taxing districts as a party, which taxes shall be collected and paid from the foreclosure proceeds.

CRITICAL

Applies to

Notice electronic service

An electronic-service notice must be filed separately, served on all parties, titled “NOTICE-ELECTRONIC SERVICE,” and state the correct address or fax number and the agreement; the agreement applies only in that action and may be rescinded in a separate written pleading.

An attorney or party who will accept service via fax or email pursuant to CR 5.02 shall file such notice as a separate pleading and serve upon all parties. The notice shall be titled "NOTICE-ELECTRONIC SERVICE" and include the correct electronic mail address and/or facsimile number and set forth the agreement to accept service from the date of filing forward through such means. The written agreement shall be valid in only the court action in which it is filed and may be revoked by a subsequent written rescission filed as a separate pleading.

CRITICAL

Applies to

Petition

A petition must provide the specified information about the child's parents and custodians, including addresses found after diligent efforts; a CHFS petitioner must contact the County Attorney's Child Support Division to seek an absent parent's address.

2. Full information concerning the child's parents, persons exercising custodial control or supervision or who have been awarded legal custody by a Court or claims a right to legal custody under the laws of this state, including a noncustodial parent and their addresses) if known after diligent efforts to locate them have been made by the petitioner. If the petitioner is the CHFS this effort shall include contacting the Child Support Division of the County Attorney's Office in an attempt to discover the address of any absent parent.

CRITICAL

Applies to

Order referring case to master commissioner

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

An attested copy of the Order referring the case to the Master Commissioner shall be delivered to the Master Commissioner’s office.

CRITICAL

Applies to

Dispositional hearing submission

If siblings have been separated, the Cabinet must explain the reasons at the dispositional hearing.

In addition, if the siblings have been separated, the Cabinet shall explain the reasons for the separation.

CRITICALCriminal cases

Applies to

Notice of eligibility

If a defendant refuses to sign the Agreement of Participation, Mental Health Court staff must notify the referring judge using the BSW-MHC-prescribed Notice of Eligibility form.

It a defendant refuses to sign the Agreement of Participation, Mental Health Court staff shall notify the referring judge by utilizing the Notice of Eligibility form prescribed by BSW-MHC.

CRITICAL

Applies to

DNA Form 12

At the dispositional hearing, the Cabinet must provide the information required by FCRPP 28 by completing DNA Form 12, the pre-disposition investigation report.

At the dispositional hearing the Cabinet shall provide the Court with the information required pursuant to FCRPP 28 by completing DNA Form 12, a pre-disposition investigation report.

CRITICALCriminal cases

Applies to

Case transfer order

After admission is determined and the defendant accepts the offer, the sentencing judge must complete an order transferring the case to Mental Health Court.

Upon a determination of admission to Mental Health Court, and upon the defendant's acceptance of the offer to enter Mental Health Court, the sentencing judge shall complete an order transferring the case to Mental Health Court.

CRITICALCriminal cases

Applies to

Notice of termination

The circuit court clerk must file the Notice of Termination in the official record and serve notice on the parties, their attorneys, and probation and parole.

The Notice of Termination shall be filed in the official record by the circuit court clerk, who shall serve notice of the Notice of Termination on the parties, their attorneys, and probation and parole.

CRITICAL

Applies to

Judgment or order

The applicable judgment or order must specify that the property sale date and time will be fixed by the Master Commissioner and identify the county sale location, unless the Court orders another location.

Terms specifying that the property shall be sold on a date and time to be fixed by the Master Commissioner at each respective county within the Circuit at the following locations, or at such other location as Ordered by the Court:

CRITICALCriminal cases

Applies to

Commonwealth recommendation

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

C. The Commonwealth shall make a written recommendation to the Court in response to each application . KRS 533 .250 (2)

CRITICAL

Applies to

Default judgment motion

Except in Master Commissioner cases, a party seeking default judgment under the specified Civil Rules must file a written motion that appears on the motion docket.

Except in cases involving the Master Commissioner, a party seeking a judgment by default, where Rules 55.01, 5.01, or 6.03 of the Civil Rules apply, shall file a written motion which must appear on the motion docket.

CRITICAL

Applies to

Motion for stay

A motion and hearing request for a stay must be supported by an affidavit explaining how military service materially affects the defendant’s defense and including the specified assignment, address, leave, and other relevant information.

A motion and a request for a hearing for a stay of proceedings shall be supported by an affidavit containing specific reasons why the military defendant's service materially affects his ability to conduct his defense. C. The affidavit shall include the following information: 1. Present duty station and expected duration of present military assignment. 2. Residential address if different from duty station address. 3. Accrued leave to which defendant is entitled and number of days of leave which accrue to the defendant each month. 4. Any other information of a similar nature which would affect the defendant's ability to defend the action.

CRITICAL

Applies to

Motion to modify temporary child support or maintenance

A motion to modify temporary child support or maintenance must include an affidavit stating the change of circumstances or basis for modification and updated financial information.

E. All motions to modify temporary child support or maintenance shall comply with the rules to initially set temporary child support or maintenance and, by affidavit, movant's change of circumstances or basis for modification and updated financial information.

CRITICAL

Applies to

Court notice

When the Court places the matter on the docket, the Cabinet must provide the parents' or custodians' address to the Circuit Clerk, who must send a court notice containing the required language.

Where the matter is placed on the docket by the Court, the Cabinet for Health and Family Services shall provide an address for said parents/custodians to the Circuit Clerk who shall cause a court notice with the qualifying language to be sent out.

CRITICAL

Applies to

Joint verified statement and order

When the parties seek a child-support-guideline deviation, they must submit a joint verified statement and order stating the statutory basis, which may be included in the settlement agreement.

Further, because of the statutory requirement of written findings specifically detailing the factual reasons for departure from these guidelines, parties shall also submit a joint verified statement and order that includes specific language establishing a statutory basis for the deviation as set forth in KRS 403.211(3). This basis may be set forth in the settlement agreement.

CRITICAL

Applies to

Court file

Attorneys must provide and maintain a correct email address or fax number in the court file upon appointment, initial appearance, or as soon as practicable.

Upon appointment, initial appearance or as soon as practicable, all attorneys shall provide and maintain in the court file a correct electronic mail address or facsimile number.

CRITICAL

Applies to

Court filing

The petitioner has an ongoing responsibility to locate and file with the Court any custody judgments relating to the named child.

The petitioner has an ongoing responsibility to locate and file with the Court any judgments of custody relating to the named child.

CRITICAL

Applies to

Notice

When an action is filed, the Court must be notified of any related Dependency, Neglect and Abuse or Termination of Parental Rights case.

Upon the filing of an action, notice of any related Dependency, Neglect and Abuse and/or Termination of Parental Rights case, shall be given to the Court.

CRITICAL

Applies to

Court filing

Must include

certificate of service

A filing must be accompanied by either a proper motion or a notice of filing, each with a certification that the document was properly served on all parties; properly marked exhibits introduced at a hearing are excepted.

No document shall be filed in the Court record unless the document is accompanied by a proper motion with a certification of service upon the opposing parties that the motion and its attachments have been properly served on all parties or the document is accompanied by a notice of filing of said document with a certification of service that the document has been properly served on all parties. Exhibits properly marked and introduced in a Court hearing are an exception.

CRITICALCriminal cases

Applies to

Agreement of participation

The Agreement of Participation must state standardized requirements for each phase; any alteration of those requirements must be agreed to by the parties.

The Agreement of Participation shall include standardized requirements for each phase of the program. The requirements may be altered on a case-by-case basis to suit the needs of the individual defendant. Any alteration of standard phase criteria must be done by agreement of the parties.

CRITICAL

Applies to

Order of referral

AOC Form 141S must be submitted after the Master Commissioner reviews and approves the JSAF, and the Court cannot enter the Order of Referral until the JSAF is entered.

AOC form 141S, Order of Referral, shall be submitted to the Court after the Master Commissioner has reviewed and approved the JSAF, which Order shall not be entered by the Court until the JSAF is entered.

CRITICAL

Applies to

Order of distribution

An order distributing funds held by the Master Commissioner must state all amounts collected, identify each proper recipient, and specify the amount due under the Judgment or Order.

All Orders requiring distribution of funds held by the Master Commissioner shall set forth all amounts collected, identify the proper recipient(s) and the specific amounts due under the Judgment or Order.

CRITICAL

Applies to

Certificate of service

A certificate of service must provide the specified contact information for each person served when that information is of record, except that it may be kept confidential in domestic-violence actions.

The Certificate of Service shall include the mailing address, contact telephone number and contact email and/or facsimile number, if provided of record, for all persons served, except in domestic violence actions where the information may be held confidentially.

CRITICAL

Applies to

Settlement agreement

A settlement agreement must be written and signed by all parties and their counsel, if any, within ten working days.

All settlement agreements must be in writing and signed by all parties and their counsel, if any, within ten (10) working days.

CRITICAL

Applies to

Final pretrial conference filings

For a designated final pretrial conference, the listed motions, stipulations, proposed instructions, trial materials, objections, and other court-designated matters must be timely filed for consideration at the conference.

If a pretrial conference is designated as the “final pretrial conference” the following shall be timely filed to be addressed at said final pretrial conference: 1. Motions in Limine; 2. Stipulations of any facts or law; 3. Dispositive Motions; 4. Proposed Jury Instructions; 5. Witness and Exhibit Lists; 6. Trial Depositions; 7. Objections to any expert reports or testimony to be used at trial; 8. All other matters deemed necessary by the Court to be addressed prior to trial.

CRITICAL

Applies to

Proceeding to be placed on docket

A calendared proceeding may not be removed without the Family Court Judge’s prior approval, and a proceeding may not be placed on the docket without proper written pleadings or authorization from the Judge or Family Court Office.

No calendared proceeding shall be removed from the motion docket or hearing docket, without prior approval of the Family Court Judge and no proceeding may be placed on the docket without the proper written pleadings, or other authorization of the Family Court Judge or Family Court Office.