Jefferson Circuit Court Document Filing Requirements

CRITICALCivil cases

Applies to

Objections

Objections to the Master Commissioner's Report must state particulars and include a memorandum of authorities when appropriate.

Objections to the Master Commissioner's Report shall be made with particulars and with a memorandum of authorities, if appropriate.

CRITICALCivil cases

Applies to

Motion to withdraw receiver funds

Every motion to withdraw Receiver funds must include the attorney's certifications concerning priority to the proceeds and any attachment or garnishment.

In every motion to withdraw money from the Receiver, the attorney for the movant shall certify : A. That according to the terms of the movant's judgment, no other party has priority to the proceeds, and, B. Whether or not the funds are subject to any attachment or garnishment served upon the Receiver.

CRITICALCivil cases

Applies to

Motion

An attorney-fee motion must include counsel’s detailed affidavit listing service dates and descriptions, service providers, hours and totals, a suggested hourly rate, and supporting authority; when KRS 411.195 applies, the affidavit must also show the fee was paid or agreed to be paid.

All motions for attorney's fees shall be accompanied by an affidavit of counsel setting forth in detail the dates of the services rendered, the exact nature of the service rendered on each date, the names of the persons rendering the service (ifparalegal or other counsel ofrecord), and the number of hours (or fractions thereof) rendered by each person . The number of hours shall be totaled, and a suggested reasonable amount of compensation per hour shall be set forth. The affidavit must also disclose the statute or other authority supporting the requested award of an attorney's fee. If the applicable statute is KRS 411 .195, then the affidavit must also contain a showing that the required attorney's fee was actually paid, or was agreed to be paid, by the party enforcing the written obligation.

CRITICALCivil cases

Applies to

Motion

When entitlement to attorney’s fees is based on a writing, the motion must attach a copy with the applicable portion highlighted.

When a party seeking an award of an attorney's fee relies upon a writing to establish entitlement to the fee, a copy of the writing shall be attached with the applicable portion highlighted .

CRITICALCivil cases

Applies to

Demand

The statutory demand must explain the defendant's right to a hearing and include the specified hearing-request instructions and notice information.

The demand required by KRS 425.012 and KRS 425 .301 shall inform the Defendant ofthis right to be heard before the Master Commissioner, and shall include the following statement: If you want a hearing, notify the Master Commissioner either in writing (514 West Liberty Street, Louisville Kentucky 40202) or by phone (502-574-5934) within seven (7) days . If your request is in writing, send a copy of your request to the attorney for the Plaintiff. You will receive written notice ofthe date and time ofthe hearing .

CRITICALCivil cases

Applies to

Withdrawal order

A withdrawal order must specify the withdrawal amount, payee, and Receiver's fee.

The withdrawal order shall specify the amount to withdraw and the payee, and the amount ofthe Receiver's fee.

CRITICALCivil cases

Applies to

Discovery motion

Must include

legal argument

A discovery motion must be accompanied by a supporting memorandum citing legal authority, if any, and a copy of the disputed discovery requests.

The motion shall be accompanied by a supporting memorandum with citation to legal authority, if any. The motion and memorandum shall also be accompanied by a copy ofthe discovery requests in dispute .

CRITICALCivil cases

Applies to

Default judgment

A motion for default judgment involving a liquidated claim must include the specified Default Judgment Certificate and, when required by the cited Act, a Military Affidavit.

All Motions for Default Judgment involving a liquidated claim shall be accompanied by the following Default Judgment Certificate, in addition to Military Affidavit, if a Military Affidavit is required by the Soldier and Sailor Relief Act, 50 U.S .C. App. 521 :

CRITICALCivil cases

Applies to

Interrogatories requests for production requests for admission medical records

Interrogatories, discovery requests, and medical records may not be filed with the clerk unless attached to a motion or containing the prescribed certificate.

None of the following pleadings, papers, or portions thereof, shall be filed with the clerk unless attached to a motion or containing the certificate set forth below: A. Interrogatories propounded under CR 33: B. Requests for Production or Inspection made under CR 34: C. Requests for Admission under CR 36 . D. Medical Records .

CRITICALCivil cases

Applies to

Pleading or document

Must include

case number

Every filed pleading or document must include the case number and the signer's typed or printed name, address, and telephone number.

Every pleading and document filed in the record by counsel or a pro se party shall contain the case number, and a typed or printed name, address and telephone number of the individual signing the paper.

CRITICALCivil cases

Applies to

Default judgment

A liquidated-damages claim must be supported by written documentation sufficient to establish the accuracy of the amount claimed.

A claim for liquidated damages shall be supported by sufficient written documentation to establish that the amount claimed is accurate.

CRITICALCivil cases

Applies to

Notice of submission

After the last counter-statement is filed or the briefing period expires, counsel must file Form AOC-280, after which the case stands submitted.

Upon the filing ofthe last counter-statement or upon the expiration of the briefing period, counsel shall file Form AOC-280, Notice of Submission of Case for Final Adjudication . Then the case shall stand submitted.

CRITICALCivil cases

Applies to

Discovery response

Responses to interrogatories and requests for admissions must reproduce the entire question or request immediately before the response.

When answering interrogatories or requests for admissions, the replying parties shall set forth the entire question or the entire request immediately preceding their response .

CRITICALCivil cases

Applies to

Demand notice

The statutory demand must include the quoted statement requiring a written hearing request within seven days and a copy to the Plaintiff’s attorney.

The demand required by KRS 425.012 and KRS 425.301 informing the Defendant of the right to be heard shall include the following statement: If you want a hearing, you must notify the Master Commissioner in writing) within seven (7) days, and send a copy of your request to the attorney for the Plaintiff.

CRITICALCivil cases

Applies to

Court order

An order paying money into Court and an order withdrawing money must be separate orders.

Orders paying money into Court and withdrawing shall not be in one and the same order.

CRITICALCivil cases

Applies to

Discovery response

Discovery responses must be written and acknowledge or deny whether the requested items exist.

All responses by any party shall be in writing, acknowledging or denying existence of such items

CRITICALCivil cases

Applies to

Discovery compliance filing

For discovery compliance, parties must file a list of items and/or the number of discovery pages available for inspection or provided to the opposing party.

The Court will consider the Commonwealth or defendant(s) in compliance with these rules of discovery when the parties file with the circuit court a list of items and/or the number of pages of discovery available for inspection or provided to the opposing party.

CRITICALCivil cases

Applies to

Mediation agreement

Any agreement reached in mediation must be written and signed by the parties.

If an agreement is reached during mediation, it shall be reduced to writing and signed by the parties.

CRITICALCivil cases

Applies to

Videotape deposition recording

The videographer must label the recording with the action style and number and witness name, and file a certificate identifying the recording.

The videographer shall mark the recording with the style and number ofthe action and the name of the witness and shall file a certificate which identifies the recording.

CRITICALCivil cases

Applies to

Order paying money into court or withholding money

Orders paying money into Court or withholding money must be filed and signed by the Judge.

All orders paying money into Court or withholding money shall be filed and signed by the Judge.

CRITICALCivil cases

Applies to

Statement of appeal

With a statement of appeal, the appellant must tender an available audio or video recording of relevant district court proceedings.

With a statement of appeal, the appellant shall tender, if available, an audio or video taped copy of any district court proceedings relevant to the appeal.

CRITICALCivil cases

Applies to

Motion

Must include

proposed order

A motion for entry of a judgment or order must be filed with a draft of the proposed judgment or order.

A draft ofthe proposed judgment or order shall be filed along with a motion for its entry.

CRITICALCivil cases

Applies to

Notice of submission

After oral argument, counsel must file an AOC-280 notice of submission, after which the case stands submitted.

After oral arguments, counsel shall file an AOC-280 Form, Notice of Submission of Cases for Final Adjudication. Then the case will stand submitted.

CRITICALCivil cases

Applies to

Objection

Must include

legal argument

Objections to a Master Commissioner's Report must state particulars and include a memorandum of authorities when appropriate.

C. Objections to the Master Commissioner's Report shall be made with particulars and with a memorandum of authorities, if appropriate .

CRITICALCivil cases

Applies to

Bill of discovery

Failure to meet the stated Bill of Discovery requirements results in remand from the post-judgment discovery docket.

Failure of the judgment creditor to timely comply with these requirements shall result in the Bill of Discovery being remanded from the post-judgment discovery docket.

CRITICALCivil cases

Applies to

Videotape deposition recording

An edited version of the video deposition must be presented at trial.

An edited version shall be presented at trial.

CRITICALCivil cases

Applies to

Appraisal

An appraisal must be written, signed by its preparers, and filed in the court record before the sale.

The appraisal shall be in writing, signed by the persons making it and filed in the court record prior to the sale.

CRITICALCivil cases

Applies to

Motion

A motion by either party that necessitates a hearing must be in writing under RCr 8.14.

Motions by either party necessitating a hearing shall be in writing pursuant to RCr 8 .14.

CRITICALCivil cases

Applies to

Certificate

The prescribed certificate must state familiarity with Kentucky Rule of Civil Procedure 5.06 and certify that the pleading conforms to the rule, with the signing attorney’s typed name.

The certificate is: Certificate Pursuant to JRP 1408 I hereby certify that I am familiar with Kentucky Rule of Civil Procedure 5 .06 and this pleading is filed in conformity with this Rule. Typed Name of Attorney Signing Certificate

CRITICALCivil cases

Applies to

Discovery motion

Must include

certificate of conference

A discovery motion must include counsel’s certification that counsel conferred, could not resolve the dispute, and exhausted other extrajudicial means.

No motions pertaining to discovery shall be made to the Court without a certificate of counsel that she has conferred with opposing counsel, that they are unable to reconcile their differences and that she has otherwise exhausted all extrajudicial means in an effort to reconcile her differences with opposing counsel .

WARNINGCivil cases

Applies to

Affidavit

A party may not be subject to additional discovery proceedings for six months after appearing and being examined unless counsel files an affidavit showing a warranted change of circumstances.

No party shall be subject to additional discovery proceedings for six (6) months following their appearance and examination unless an affidavit is filed by counsel showing a change of circumstances warranting this.

WARNINGCivil cases

Applies to

Pleading or document

A rubber stamp does not qualify as a signature under this Rule or CR 11.

A rubber stamp shall not be deemed a signature either under this Rule or CR 11 .

WARNINGCivil cases

Applies to

Objection

Must include

specific language

Except as provided in JRP 506, objections to a Master Commissioner's Report must be filed directly with the Court and are not noticed for motion hour; a response may be filed within five days, and counsel may request a hearing before submission upon filing Form AOC 280.

B. Except as provided in JRP 506, objections to a Master Commissioner's Report shall not be noticed for motion hour and shall be filed directly with the Court. A response to the objections may be filed within five (5) days of the filing ofthe objections . The objections will then stand submitted upon the filing of Form AOC 280. Prior to submission counsel may request a hearing .

INFOCivil cases

Applies to

Bill of discovery

Bills of Discovery are automatically referred to the Master Commissioner.

Bills of Discovery shall automatically be referred to the Master Commissioner.