Woodford County Circuit Court, Kentucky Document Filing Requirements

CRITICAL

Applies to

Motion notice

The notice must state that it is not an order to appear and explain the parents' rights to notice, to appear, and to be heard.

The notice shall specifically state that the notice is not an order for the 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

Waiver

A party who proceeds without counsel must sign and acknowledge the party's correct address and phone number.

A party who chooses not to be represented by counsel shall sign and acknowledge party's correct address and phone number.

CRITICAL

Applies to

Judgment or order

After approval, submit sufficient copies and self-addressed stamped envelopes to the Master Commissioner, who will deliver the judgment or order to the Court for approval and entry.

Upon approval, a sufficient number of copies along with self-addressed stamped envelopes shall be submitted to the Master Commissioner who shall then deliver the Judgment or Order to the Court for approval and entry.

CRITICAL

Applies to

Motion and order

Unless a statute, rule, or the Court allows otherwise, motions and orders in paternity or child support proceedings must comply with FCRPP 9 and 14.

A. Unless otherwise allowed by statute, rule or the Court, all motions and orders in paternity or child support proceedings shall comply with the FCRPP 9 and 14.

CRITICALCriminal cases

Applies to

Affidavit of violations

Mental Health Court staff must file a written Affidavit of Violations requesting termination.

Mental Health Court staff shall file a written Affidavit of Violations requesting the judge to terminate the participant from Mental Health Court.

CRITICAL

Applies to

Petition

The authorized agency or officer must file the petition with the Circuit Court Clerk in the county where it is filed.

The authorized agency/officer shall file the petition with the Circuit Court Clerk in the county where the petition is being filed.

CRITICAL

Applies to

Motion for temporary maintenance

A motion for temporary maintenance must include Form AOC-238 and an affidavit addressing the movant's monthly expenses and knowledge of the other party's gross and net monthly income.

Further, a motion for temporary maintenance must be accompanied by the Form AOC-238 Preliminary Verified Disclosure Statement and, by affidavit, movant's monthly expenses and movant's knowledge of the monthly gross and net income of the party from whom maintenance is sought.

CRITICAL

Applies to

Court record

After filing the petition, CHFS must file in the court record the specified plans relating to the child.

Subsequent to the filing of the petition the CHFS shall file in the court record all safety, child and any previously developed prevention or safety plans relating to the child.

CRITICAL

Applies to

Preliminary verified disclosure statement

When exchanging Form AOC-238, each party must certify that supporting documentation is available for the opposing party to inspect and copy at the requesting party's expense.

B. Each party shall upon exchange of the Form AOC-238 Preliminary Verified Disclosure Statement certify that documentation supporting the information in the statement is available for the opposing party's inspection and copying at the requesting party's expense as of the date of service of the statement on the other party.

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

Tax payoffs

The party moving for sale must obtain written tax payoffs through confirmation of sale and delivery of the deed and file them in the court record.

It shall be the responsibility of the party moving for the sale to obtain appropriate written payoffs from the tax entities through date of confirmation of sale and delivery of deed, which payoffs shall be filed in the Court record;

CRITICAL

Applies to

Petition

In cases involving minor children, two completed Case Data Information Sheets, Form AOC-FC-3, must be filed with the petition.

Two copies of a completed Case Data Information Sheet shall be filed with the petition (Form AOC-FC-3) in cases involving minor children.

CRITICAL

Applies to

Motion

A motion or filing must specify the requested relief, grounds with supporting-authority citations, and any proof required at filing; failure to provide grounds and citations may result in denial or overruling.

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. Failure to file a statement of grounds with citations to supporting authority may be cause for overruling or denying the Motion.

CRITICAL

Applies to

Certification

The certification must not be included in the Judgment or filed in the Court record.

This certification is not to be included in the Judgment nor it is to be filed in the Court record.

CRITICAL

Applies to

Court file

Attorneys practicing in the Juvenile Division 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 practicing in the Juvenile Division of Family Court shall provide and maintain in the court file a correct electronic mail address or facsimile number.

CRITICAL

Applies to

Matter submission

Must include

proposed order

When submitting a matter for judgment or ruling, the parties must provide proposed judgments, findings, and/or conclusions of law consistent with the relief sought.

Upon submission of any matter to the Court for judgment or ruling, the parties shall prepare and provide to the Court proposed judgments, findings, and/or conclusions of law consistent with the relief sought from the Court.

CRITICAL

Applies to

Motion notice

The notice for a docketed motion must specify the hearing date, time, and place.

The notice shall specify the date, time, and place for the motion to be heard.

CRITICALCriminal cases

Applies to

Court record

For a pretrial diversion application, counsel must state on the record that the defendant waives speedy-trial and charge-disposition rights if diversion is granted, and the defendant must agree.

B . In applying for pretrial diversion, counsel for 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

Plea offer

In addition, a written offer on a plea of guilty shall be provided by the

In addition, a written offer on a plea of guilty shall be provided by the

CRITICAL

Self-addressed stamped envelopes must be provided for all parties, the submitting attorney, and the Master Commissioner.

Self-addressed stamped envelopes for all parties including the submitting attorney and the Master Commissioner;

CRITICALCriminal cases

Applies to

Written ineligibility notification

For an ineligible defendant, staff must notify the referring judge in writing on the prescribed form, and the evaluator must include reasons for ineligibility.

If a defendant is determined to be ineligible for Mental Health Court, Mental Health Court staff shall inform the referring judge in writing using the form prescribed by BSW-MHC. The evaluator will include reasons as to the candidate's ineligibility.

CRITICAL

Applies to

Pleading

Pleadings must provide the personal identifying information required by KRS Chapters 205, 403, 405, 406, and 407.

All pleadings must comply with the requirements of KRS Chapters 205, 403, 405, 406 and 407 by providing the personal identifying information required in those chapters.

CRITICAL

Applies to

Real estate appraisal

The Master Commissioner must file the appraisal in the court record before the sale.

In accordance with KRS 426.520(2) the appraisal shall be in writing, shall be signed by the persons making it, and shall be filed in the Court record by the Master Commissioner prior to the sale.

CRITICAL

Applies to

Brief

Briefs or memoranda citing out-of-state authorities, unpublished Kentucky cases, or federal cases must attach copies of those authorities for the Court and counsel.

Copies of out-of-state authorities, unpublished Kentucky cases, or federal cases cited in briefs to the Court shall be attached to the briefs or memorandum for the Court and counsel.

CRITICAL

Applies to

Mediation outcome report

At the conclusion of mediation, the mediator must report the outcome to the Court and Family Court Office without comment.

At the conclusion of mediation, the mediator shall report without comment to the Court and the Family Court Office as to the outcome of the mediation (i.e., a full agreement, partial agreement or mediation terminated).

CRITICAL

Applies to

Tendered order

Tendered orders, judgments, and decrees must include the presiding Judge’s signature line and the specified court identification.

Tendered orders, judgments and decrees shall include a signature line for the presiding Judge and be prepared as follows: JUDGE _ (name of Judge) CIRCUIT COURT, DIVISION III FAMILY COURT

CRITICAL

Applies to

Petition

Must include

case number

Each adoption or termination-of-parental-rights petition must identify related case numbers and any previously appointed GAL and parent’s attorney.

every petition in an adoption or termination of parental rights action shall include the case number of any related Dependency, Neglect and Abuse and/or Termination of Parental Rights case and the name of any GAL previously appointed and attorney for parent in the previous case.

CRITICAL

Applies to

Motion submission

For a motion called to set maintenance or child support, the parties must be prepared to provide the Court a completed Preliminary Verified Disclosure Statement when the motion is called.

The parties shall be prepared to provide a copy of a completed Preliminary Verified Disclosure Statement to the Court at the time the motion is called for consideration in setting maintenance or child support.

CRITICAL

Applies to

Case Data Information Sheet

The Circuit Clerk must forward one Case Data Information Sheet to the County Attorney's box and file the other in the Court record.

One form shall be forwarded to the County Attorney's box by the Circuit Clerk; the other shall be filed in the Court record.

CRITICAL

Applies to

Judgment or order directing sale or deed

Must include

certificate of service

A judgment or order directing a sale or deed must include the specified property, title, party, signature, service, attorney-contact, and copy information.

Every Judgment or Order of the Circuit Court directing the Master Commissioner to sell property or to execute or deliver a deed shall contain: 1. The legal description of the property including a street address (or if it has no street address, a brief description of its location and size), along with 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; 2. The name of the party or parties whose interest is being sold or conveyed; 3. The source of the party or parties’ title, with deed book, page number and date of deed or recording date of deed and/or Affidavit of Descent or Will Book and Page number if property is inherited; 4. A signature and date line for the Master Commissioner; 5. A prepared by signature line of the attorney submitting the order; 6. A certificate of service by the Circuit Court Clerk; 7. Email address, physical address, and phone number of attorney submitting document; 8. Appropriate number of copies for the Court and all parties including submitting attorney and Master Commissioner;

CRITICAL

Applies to

Order of distribution

For disbursements to taxing authorities or third-party purchasers of tax bills, furnish the pertinent tax bill copies to the Master Commissioner and include them in the related Order of Distribution.

For all disbursements to be made to taxing authorities or third-party purchasers of tax bills, a copy of the pertinent tax bill(s) shall be furnished to the Master Commissioner and set forth in the Order of Distribution relating to such sale.

CRITICAL

Applies to

Adoption checklist

An adoption may not be assigned a final hearing until the petitioner submits the court-approved adoption proceeding checklist and certifies compliance with it.

No adoption proceeding shall be assigned a final hearing until the petitioner has submitted a court approved adoption checklist is available from the Circuit Clerk or the Family Court Office. proceeding checklist and certified compliance therewith. A court approved adoption

CRITICAL

Applies to

Agreed order

An agreed order submitted to the Circuit Clerk before the docket call must identify the motion resolved and state the agreement’s terms.

If an agreed order relating to a motion on the docket, signed by counsel for all parties affected or a party if unrepresented, is submitted to the Circuit Clerk prior to the call of the docket, counsel need not attend the call of the docket. The agreed order shall refer to the motion resolved in the agreed order and set forth the terms of the agreement.

CRITICAL

Applies to

Petition

The reviewing judge must indicate in the petition's Court Action section whether the resulting action is a domestic violence action or an 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

Pretrial order

If the Court does not enter a pretrial order at the conference, attorneys must prepare and submit one incorporating the specified rulings, agreements, or stipulations within ten days after the conference.

If a pretrial order is not entered at the time, the attorneys shall be responsible for preparation and submission of a pretrial order, incorporating the Court's rulings, agreements or stipulations of the parties in any matter designated by the Court not later than ten (10) days following the pretrial conference.

CRITICAL

Applies to

Judgment or order directing sale disbursement or deed

Covered judgments or orders must be submitted to the Master Commissioner in advance for review and certification of compliance.

In addition to the requirements of these Local Rules, all Judgments or Orders directing the sale of property by the Master Commissioner, directing the disbursement of monies held by the Master Commissioner, or directing the delivery of a deed shall be submitted to the Master Commissioner in advance for review and certification that it complies with AP Part IV and any other applicable rules and statutes.

CRITICAL

Applies to

Settlement agreement

If the parties settle, each must attach a completed Preliminary Verified Disclosure Statement to the agreement for the Court's consideration of its terms.

If the parties enter into a settlement agreement, each shall attach to the agreement a copy of a completed Preliminary Verified Disclosure Statement, Form AOC-238 for consideration by the Court assessing the conscionability of the terms of the agreement.

CRITICAL

Applies to

Appointment application

An application for appointment as a Guardian ad Litem or other appointed counsel must be submitted on the appropriate form.

Application for appointment as a Guardian Ad Litem (hereinafter GAL) or other appointed counsel is to be made by submitting the appropriate form to the Family Court

CRITICALCriminal cases

Applies to

Agreement of participation

Potential Mental Health Court participants must sign an Agreement of Participation before eligibility is determined; it must include each phase’s program requirements, and its standard terms may be changed by agreement of the Commonwealth, the Defendant, and the Court.

"Agreement of Participation" means the written agreement required to be signed by all potential Mental Health Court participants prior to the determination of eligibility for Mental Health Court. The agreement of participation will include the requirements of the program for each phase. The standard terms of the agreement may be altered, added to, or subtracted from by agreement of the Commonwealth, the Defendant and the Court.

CRITICALCriminal cases

Applies to

Order of diversion

A referral through local diversion procedures may be made only after an order of diversion has been entered.

An order of diversion: referral to Mental Health Court may be made utilizing approved local diversion procedures but only after an order of diversion has been entered.

CRITICAL

Applies to

Certificate of service

A certificate of service must state that opposing counsel was contacted about the date, describe contact efforts if contact was not made, or explain why the matter is being set without agreement.

All Certificates of Service shall certify that opposing counsel was contacted concerning the date set for the proceeding, set forth the efforts made to contact if contact was not made, or why the matter shall be set without an agreement as to date.

CRITICAL

Applies to

Default judgment motion

Said motion must be accompanied by a certificate of the attorney indicating that no papers have been served upon him by the party in default and that the party in default is not an active duty member of the United States Military.

Said motion must be accompanied by a certificate of the attorney indicating that no papers have been served upon him by the party in default and that the party in default is not an active duty member of the United States Military.

CRITICAL

Applies to

Protection petition summons

The Circuit Clerk must attach the protection petition to the required summons and to each subsequent summons while the respondent remains unserved, with service attempts continuing as provided by statute.

Upon the filing of a petition for protection from Domestic Violence the Circuit Clerk shall attach a copy of the petition to the required summons as set forth in CR 4.01(1)(a), KRS 403.740 or KRS 403.745. In cases where the respondent is unserved, attempts to serve shall continue as provided in statute and the Circuit Clerk shall attach a copy of the petition to each subsequent summons issued for respondent until initial service is accomplished.

CRITICALCriminal cases

Applies to

Affidavit of administrative discharge

If the BSW-MHC team determines administrative discharge is appropriate, staff must complete an Affidavit of Administrative Discharge for the judge.

If BSW-MHC team determines that administrative discharge is appropriate, BSW-MHC staff shall complete an Affidavit of Administrative Discharge to provide to the judge.

CRITICAL

Applies to

Felony diversion motion

Must include

proposed order

If applicable, a felony-diversion motion and proposed diversion order must be filed when the defendant’s plea is taken.

If applicable, a motion for felony diversion and proposed order of diversion shall also be filed at the time the defendant’s plea is taken.

CRITICAL

Applies to

Videotaped record

A videotaped record must be kept, and copies must be made available to parties and counsel upon request under FCRPP 27.

A videotaped record of all proceedings shall be kept and copies shall be available to the parties and their counsel upon request in accordance with the provisions of FCRPP 27.

CRITICAL

Applies to

Order for deed or distribution

When a defendant was constructively served, an order for delivery of a deed or distribution of sale proceeds must be accompanied by a court-approved bond of at least the higher of the property’s appraised value or sale price, with court-approved surety; no bond is required for constructively served defendants designated as unknown tenants or occupants.

In accordance with CR 4.11, in all cases where constructive service has been obtained on any Defendant, each Order for delivery of a deed to a party who has obtained Judgment in the action or the distribution of sale proceeds held by the Master Commissioner shall be accompanied by a bond, in a sum to be fixed by the Court at not less than the fair market value of the property, which shall be the appraised value or the sales price of the property, whichever is higher, and with surety to be approved by the Court. The bond shall not be required for those Defendants constructively served who are designated as unknown tenants or occupants.

CRITICALCriminal cases

Applies to

Notice of termination

If the judge agrees with the accommodation, the judge must complete the administrative-discharge Notice of Termination on a BSW-MHC-prescribed form and refer the case back to the sentencing judge.

If the judge agrees with the accommodation, the judge shall complete a Notice of Termination by administrative discharge on a form prescribed by BSW-MHC and refer the case back the sentencing judge.

CRITICALCriminal cases

Applies to

Order of termination

The judge must sign the Order of Termination on a BSW-MHC-prescribed form, with a copy of the Affidavit of Violations attached.

An Order of Termination shall be signed by the judge on a form prescribed by BSW-MHC, and a copy of the Affidavit of Violations shall be attached.

CRITICALCriminal cases

Applies to

Confidentiality agreement

Mental Health Court team members must sign a confidentiality agreement.

Due to the treatment component of Mental Health Court, team members shall sign a confidentiality agreement.