Ky. Cir. Ct. Clerks' Manual ATTACHMENT

8 ATTACHMENT

KRS 425.301-316; 383.030

District and Circuit Courts Process Map

 Attachment is a prejudgment remedy by which the plaintiff seeks to reach property of the

defendant, whether the property is in the hands of the defendant or a third person, as

security for the payment of the judgment, which he hopes to obtain. KRS 425.301, 425.306.

 If the suit is for damages or recovery of money, the proper prejudgment writ is an

attachment.

 A plaintiff may have an attachment for rent due under KRS 383.030.

8.1 Initiating Documents

1. The following documents are required to apply for the writ:

a. A complaint and summons (KRS 425.301(3));

b. A verified motion requesting the attachment (KRS 425.307, KRS 425.301(1) and (2)

and KRS 425.306) which:

• Is under oath;

• States the nature and amount of plaintiff's claim;

• States that it is just;

• States the statutory grounds for the attachment.

(a) Defendant is a foreign corporation or non-resident of Kentucky and

absent from the Commonwealth; or

(b) Has been absent from Kentucky for four months; or

(c) Has left Kentucky to defraud his creditors; or

(d) Is hiding or has left the county of his residence to avoid service of

summons; or

(e) Is removing or selling his property with intent to defraud his

creditors. KRS 425.301(1) and (2) and KRS 425.306;

c. A demand stating that the defendant has seven days to either request a hearing or

pay the claim in full; otherwise, an attachment shall issue (KRS 425.301(3));

d. An affidavit showing compliance with the requirements of KRS

425.301(3) regarding notice and demand to the defendant. Quick Reference

2. Upon receipt of a complaint, verified motion, affidavit and a demand for a Collect fees

writ of attachment, collect filing fees as set forth in the Accounting

File, date, initial

ATTACHMENT

Manual, and give a receipt. Do not apply the FILED stamp or process the complaint

until the filing fees are paid.

EXCEPTIONS:

• In Forma Pauperis Granted. See Section 57. Motion for Leave to Proceed In

Forma Pauperis.

• Petitioner is the Commonwealth. KRS 453.010.

3. Assign to a division using the procedure in your local court rules.

Quick Reference

4. Open a case. Use case type OTH. For more information, see the Case Add Case type OTH

section of KyCourts Manual.

5. Generate the next case number in the computer for circuit civil CI cases or Circuit Civil CI case

district civil C case or use the next pre-numbered file folder. District Civil C case

6. If the petitioner is seeking to proceed in forma pauperis, the complaint,

verified motion, affidavit, and demand must be accompanied by a Motion

for Leave to Proceed In Forma Pauperis and a supporting affidavit, or AOC

Form 026. See Section 57 Motion for Leave to Proceed In Forma Pauperis

for instructions on how to process a Motion for Leave to Proceed In Forma

Pauperis and the tendered documents. DO NOT proceed with the following

steps unless filing fees have been paid, In Forma Pauperis has been

granted, or the petitioner is the Commonwealth.

Serve documents

7. Apply the FILED stamp to the complaint, motion, demand, and affidavit; according to

add the date and your initials. petitioner’s

8. Serve the documents according to the petitioner’s instructions. For more instructions

information, see Service of Process.

NOTE: If the motion, demand, and affidavit are filed after the complaint, the plaintiff

must deliver the motion and demand to the defendant or send the motion and demand

by certified mail, return receipt requested, to defendant's last known place of address, at

least seven (7) days and not more than 60 days before the order granting the attachment

is sought. KRS 425.301.

9. The plaintiff must file enough copies of all pleadings for service upon each defendant in

addition to the original. Collect a copy fee (if appropriate) as set forth in the Accounting

Manual, and give a receipt.

8.2 Summons Issuance

The initiating party will decide whether the summons is to be served by certified mail or

personally delivered by the sheriff or other authorized person. CR 4.01(1). For more

information, see Service of Process.

A civil summons may be issued on holidays and served on Sundays and holidays upon an

affidavit that the process cannot be executed after that day. KRS 454.125.

ATTACHMENT

8.2.1 Hearing

1. If a hearing is requested, complete a scheduled events screen using event Quick Reference

type OH. Scheduled event

2. Upon receipt of a signed order, apply the ENTERED stamp; add the date type OH

and your initials. Enter, date, initial

3. Enter the order on the document screen including a brief description. Use

document type OST. Document type

OST

4. Serve notice on every party not in default or who has not waived notice by

making a copy of the judgment or order that has been stamped ENTERED

and mail or hand deliver it to the party or attorney. Make an entry on the

NOE

document screen showing the manner (mail or personal delivery) and date

of the service of the notice of the order.

NOTE: If the plaintiff asks you to issue the attachment without a hearing,

check the affidavit of compliance to make sure enough time has elapsed

from the date of notice to the defendant: Seven days from date of notice

(KRS 425.301(3)); three additional days if notice was by mail (CR 6.05).

8.3 Surety Bond

Before issuing the attachment, plaintiff must post a surety bond. KRS 425.309. Kentucky

banks and savings and loan institutions do not need a surety on their bonds. KRS 425.001.

For more information, see Bonds and Sureties.

1. Upon receipt of a surety bond, apply the FILED stamp; add the date and File, date, initial

your initials.

2. Collect a fee for taking the bond and a fee for issuing the attachment as set Collect a fee for

forth in the Accounting Manual, and give a receipt. taking the bond and

issuing the

3. Complete a document screen using document type BSUR.

attachment

Document type

BSUR

8.4 Issuance of Writ of Attachment

1. Prepare and issue AOC Form 106, Writ of Attachment.

AOC Form 106

2. Make a notation of the issuance of the attachment by completing a

document screen. Use document type WA. Use the date of issuance as the Document type WA

filing date. It is not necessary to make a copy for the case file; the officer's

return will provide a copy.

3. Give the attachment and a copy to the plaintiff for delivery to the sheriff or

other serving officer. The plaintiff will pay the service fee directly to the

officer.

4. When a return of service is received; apply the FILED stamp; add the File, date, initial

date and your initials. Enter the file stamp date and officer's return date in

the memo field of the document screen where the attachment was issued.

ATTACHMENT

8.5 Motion to Quash

1. Upon receipt of a motion to quash the writ of attachment, apply the

Quick Reference

FILED stamp; add the date and your initials.

File, date, initial

2. File by completing a motion screen, using motion type MH and memo the

details. Motion type MH

3. Note the hearing on the calendar by completing a scheduled events

screen.

Schedule the event

4. When a signed order ruling on the motion is received, apply the ENTERED

stamp; add the date and your initials.

5. Enter the order on the document screen, including a brief description. Use

document type OQSH. Document type

OQSH

6. Serve notice of entry of the order on every party not in default or who has

not waived notice by making a copy of the judgment or order that has

been stamped ENTERED and mail or hand deliver it to the party or NOE

attorney. See Notice of Entry.

7. Enter the method of service (mail or personal delivery) and notice of entry

date on the document screen where the order is entered.

8. When the order closes the case, complete the disposition date, disposition

type and judge at disposition fields on the case screen.

AUTOPSY RECORDS

9 AUTOPSY IMAGES AND RECORDINGS

KRS 72.031-72.032

Circuit Court

 No autopsy photograph, or other visual image in whatever form, video recording, or audio

recording shall be open to the public unless the spouse or personal representative of the

decedent provides an express waiver to the state medical examiner, coroner, or other public

official in lawful possession of those materials to make those materials public. KRS 72.031.

 The records discussed in this chapter are limited to photos, images, and video/audio

recordings of autopsy. It does not include autopsy or fatality reports.

9.1 Sealing Autopsy Record

1. Upon receipt of any autopsy photograph, or other visual image in

whatever form, video recording, or audio recording, present the record to

presiding judge for direction on sealing the record.

2. Upon direction from the judge to seal, place the image or recording in an

envelope; apply the FILED stamp to the envelope; add the date and your

initials.

3. Indicate the name of the party delivering the records and mark the

envelope AUTOPSY-CONFIDENTIAL. Seal the envelope.

4. File the record on a document screen. Use the document type SD.

5. Place the sealed envelope in the appropriate case file.

6. Do not release the sealed envelope from your custody except when

actually used in the action or proceeding. If a request to review the case

file is received, remove the envelope from the case file.

BEST PRACTICE: Place sealed envelopes in the file on the left-hand side to

allow easy removal from the case record when granting inspection

requests.

Quick Reference

File, date, initial

Mark envelope

AUTOPSY-CONFIDENTIAL

Document type SD

AUTOPSY RECORDS

9.2 Petition for Access to Autopsy Records

 The Circuit Court of the county where the decedent resided or, if the Quick Reference

decedent was not a resident of the Commonwealth, in which an autopsy

photograph, other visual image in whatever form, video recording, or audio

recording is located may, upon a showing of good cause, issue an order

authorizing any person to view or copy a photograph, other visual image in

whatever form, video recording, or audio recording of an autopsy or to listen

to or copy an audio recording of an autopsy, and may prescribe any

restrictions or stipulations that the court deems appropriate.

1. Upon receipt of a petition requesting access to an autopsy photo or

recording, collect filing fees as set forth in the Accounting Manual, and give Collect filing fees

a receipt. Do not apply the FILED stamp or process the petition until the

filing fees are paid.

EXCEPTIONS:

• In Forma Pauperis Granted. See Section 57 Motion for Leave to

Proceed In Forma Pauperis.

• Petitioner is the Commonwealth. KRS 453.010.

NOTE: You may also treat a motion or an application as an initiating

document.

2. Assign to a division using the procedure in your local court rules.

3. Open a Circuit Civil case. Use case type OTH. For more information, see Case type OTH

the Case Add section of KyCourts Manual.

4. Generate the next case number in the computer for circuit civil CI cases or Circuit Civil CI cases

use the next pre-numbered file folder.

5. If the petitioner is seeking to proceed in forma pauperis, petition must be

accompanied by a Motion for Leave to Proceed In Forma Pauperis and a

supporting affidavit, or AOC Form 026. See Section 57 Motion for Leave to

Proceed In Forma Pauperis for instructions on how to process a Motion for

Leave to Proceed In Forma Pauperis and the tendered petition. DO NOT

proceed with the following steps unless filing fees have been paid, In

Forma Pauperis has been granted, or the petitioner is the Commonwealth.

File, date, initial

6. Apply the FILED stamp to the petition; add the date and your initials.

7. Schedule a hearing as directed by completing a scheduled event screen. Document type

File motion by completing motion screen using motion code MAIR. The MAIR

filing party should indicate whether notice has been given to the surviving

spouse or personal representative, (or if none, the deceased’s adult

children, or if none, surviving parents). If the filer indicates there is no

individual to represent the estate, the hearing may be scheduled without

giving such notice.

8. Do not issue a summons. The petitioner will provide notice of the petition

and any hearing which may be held.

AUTOPSY RECORDS

9. Upon receipt of a signed order, apply the ENTERED stamp; add the date and your

initials.

10. Enter the order on the document screen including a brief description. Use

Quick Reference

document type OAIR.

Document type

11. Serve notice on every party by making a copy of the order that has been OAIR

stamped ENTERED and mail or hand deliver it to the party or attorney.

Make an entry on the document screen showing the manner (mail or

personal delivery) and date of the service of the notice of the order.

9.3 Violation of KRS 72.031

 Any violation of KRS 72.031 by an individual other than the surviving spouse, children,

parents, or personal representative of the decedent shall result in a fine of not more than

$500 for the first violation and not more than $1,000 for each subsequent violation.

 Any fines ordered to be collected shall be paid into the crime victims’ compensation fund.