Woodford County Circuit Court, Kentucky Document Filing Requirements

CRITICAL

Applies to

Preliminary Verified Disclosure Statement

The Preliminary Verified Disclosure Statement, Form AOC-238, may not be waived.

A Preliminary Verified Disclosure Statement, Form AOC-238, shall never be waived.

CRITICALCriminal cases

Applies to

Assessment and notice of eligibility

After the assessment, staff must complete the prescribed Notice of Eligibility form and submit it, the assessment, and other pertinent information to the BSW-MHC team before the defendant’s next scheduled court appearance.

After completing the assessment, Mental Health Court staff shall complete a Notice of Eligibility on a form prescribed by BSW-MHC. The assessment, the Notice of Eligibility form, and any other pertinent information regarding the defendant shall be completed and submitted to BSW-MHC team prior to the defendant's next scheduled court appearance.

CRITICAL

Applies to

Offer or declination

The Commonwealth's offer, or its declination to make an offer, must be provided in writing by the first post-arraignment status conference.

Commonwealth on or before the first status conference post arraignment or a declination to make an offer must be provided in writing.

CRITICAL

Applies to

Order confirming sale

who shall submit same along with the Deed conveying the subject property for approval and entry by the Court.

who shall submit same along with the Deed conveying the subject property for approval and entry by the Court.

CRITICAL

Applies to

Notice of resolution

If mediation resolves a matter on the trial calendar, counsel must notify the Court in writing as soon as possible.

If an agreement is reached at mediation that resolves the matter and that matter is on the Court’s trial calendar, at the earliest possible convenience, counsel shall notify the Court in writing that the matter has resolved and may be removed from the Court’s trial calendar.

CRITICAL

Applies to

Agreed order

Agreed Paternity/Child Support orders and subsequent agreed Child Support orders must state that each party was informed of the right to be heard and expressly waives that opportunity.

All agreed orders of Paternity/Child Support and subsequent agreed orders regarding Child Support shall include specific language that each party was informed of the right to be heard by the Family Court Judge if any party does not agree with the terms of the agreed order and that each party expressly waives that opportunity to be heard.

WARNING

Applies to

Affidavit

The Court may enter a show cause order upon an affidavit from a person with knowledge of noncompliance, or on its own initiative.

A show cause order with written notice to the juvenile, parent or guardian, and attorneys of record, may be entered by the Court upon presentation of an affidavit by any person with knowledge of noncompliance or by the Court on its own initiative.

WARNING

Applies to

Tendered order

If the Court does not require a separate written order and no required official AOC form applies, the calendar or docket sheet order is official and an unsolicited tendered order will not be entered.

If the Court does not order a separate written order to be tendered by a party and the order is not otherwise an official AOC form the use of which is required by the FCRPP, the calendar sheet or docket sheet order will be the official order and no unsolicited tendered order will be entered.

WARNING

Applies to

Objections

Objections to the Preliminary Verified Disclosure Statement must not be filed in the court record unless the Court orders otherwise.

and shall not be filed in the court record unless ordered by the Court.

WARNING

Applies to

Appraisal

A new appraisal is required if real property has not been sold within six months of the appraisal date.

In any action in which real property has not been sold within six (6) months of the date of appraisal, a new appraisal shall be required.

WARNING

Applies to

Agreed order

Agreed orders to continue Final Hearings are not appropriate and will not be considered.

Agreed orders to continue Final Hearings are not appropriate and will not be considered by the

WARNING

Applies to

Motion brief memorandum

Only the relevant portions of depositions referenced in pleadings or relied on in briefs may be attached to a motion, brief, or memorandum.

Only copies of the relevant portions of depositions referenced in pleadings or relied upon in briefs to the Court shall be attached to the motion, brief or memorandum.

WARNINGCriminal cases

Applies to

Notice of termination

If the judge finds the request knowing and voluntary, the judge may terminate participation using a BSW-MHC-prescribed form and refer the case to the sentencing judge.

If the judge determines that the request is knowingly and voluntarily made, the judge may terminate the participant from Mental Health Court on a form prescribed by BSW-MHC and refer the case back to the sentencing judge.

WARNING

Applies to

Notice of related cases

B. This notice should state: 1. The name of the case(s); 2. Identify the petitioner and respondent, case number and division; 3. If the case has been decided or is still pending (Note: a case is pending until a child is eighteen (18), has graduated high school or is emancipated as a court's jurisdiction may extend to that event); 4. Name of Court where case was decided or is pending; 5. The relationship of the case(s) including if the case: a. Involves the same parties, children, or issues; or b. May affect the Family Court's jurisdiction; or c. An order in a related case may conflict with an order in this case; or d. An order in this case may conflict with a previous order in a related case; and 6. Provide a brief statement as to the relationship of the case(s).

B. This notice should state: 1. The name of the case(s); 2. Identify the petitioner and respondent, case number and division; 3. If the case has been decided or is still pending (Note: a case is pending until a child is eighteen (18), has graduated high school or is emancipated as a court's jurisdiction may extend to that event); 4. Name of Court where case was decided or is pending; 5. The relationship of the case(s) including if the case: a. Involves the same parties, children, or issues; or b. May affect the Family Court's jurisdiction; or c. An order in a related case may conflict with an order in this case; or d. An order in this case may conflict with a previous order in a related case; and 6. Provide a brief statement as to the relationship of the case(s).

WARNING

Applies to

Trial brief

The Court may require each party to submit a short trial brief on the facts and law it will rely on, with the filing deadline set in the pretrial order.

The Court may require each party to submit a trial brief, consisting of a short memorandum of his/her view of the facts and law on which s/he will rely, and if so, the Court shall fix the time for filing such briefs in the pretrial order.

WARNING

Applies to

Answer to interrogatory or request for admission

An answer to an interrogatory or request for admission must reproduce the corresponding question or request immediately before the answer.

When answering interrogatories or requests for admissions, the replying party shall, as part of his/her answer, set forth immediately preceding the answer, the question or request made with respect to which the answer is given.

WARNING

An objection must be specifically waived in writing to avoid being heard by the Court.

If there is an objection by any party and the objection is not specifically waived in writing, the objection shall be heard by the Court.

WARNINGCriminal cases

Applies to

Order of termination

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

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

INFO

Applies to

Order or judgment

The order or judgment directing the sale or conveyance may adopt these terms by reference or restate them.

The terms and conditions set out herein concerning Order of Sale and/or Delivery of Deed and Terms and Conditions of Sale may be adopted by reference to this rule in the Order or Judgment directing the sale or conveyance or shall be restated therein.

INFO

Applies to

Proof of income

When the County Attorney is an intervening party, proof of income from the state data system or an employer may be used instead of other proof of income.

B. When the County Attorney is an intervening party, proof of income provided by the state data system or employer may be used in lieu of other proof of income.

INFO

Applies to

Final verified disclosure statement

The Final Verified Disclosure Statement may be waived when there is no final hearing because of a settlement agreement.

The Final Verified Disclosure Statement, AOC-239, may be waived if there is no final hearing due to settlement agreement;

INFOCriminal cases

Applies to

Termination recommendation

BSW-MHC staff or the team may recommend termination to the judge for a participant’s noncompliance.

BSW-MHC staff or team may make a recommendation to the judge that a participant be terminated from Mental Health Court due to the participant's non-compliance with Mental Health Court requirements or conditions.

INFO

Applies to

Proposed findings conclusions

In contested proceedings or other matters under submission, the Court may request proposed findings of fact, conclusions of law, and judgment from all attorneys for informational and guidance purposes.

D. In contested proceedings or other matters under submission, the Court may request that all attorneys submit proposed findings of fact, conclusions of law, and judgment. This is not intended to delegate the Court's decision making power, but will be used solely for information and as a guide.

INFOCriminal cases

Applies to

Affidavit of violations

For a participant who has absconded for at least 30 calendar days, Mental Health Court staff may complete an Affidavit of Violations.

In the case of a participant who has absconded for a period of at least 30 calendar days, Mental Health Court staff may complete an Affidavit of Violations.

INFO

Applies to

Order or judgment

The presiding judge may assign counsel for the prevailing or moving party to draft an order or judgment memorializing a ruling or opinion.

Whenever any ruling is made, or opinion rendered, an order or judgment setting out said opinion or ruling may be assigned by the presiding judge to be drafted by counsel for the prevailing or moving party.

INFOCriminal cases

Applies to

Termination petition

A participant may petition the judge to terminate participation in Mental Health Court.

Participants may petition the judge for termination from Mental Health Court.