Ky. Cir. Ct. Clerks' Manual MAINTENANCE OF COURT RECORDS

53.9 Service of Pleadings on Public School Superintendent and Director

of Pupil Personnel or Private School Principal

KRS 610.345 requires notification to the superintendent and the director of pupil personnel of

the public school district in which the child is enrolled, or the principal of any private elementary

or secondary school which the child attends in the following circumstances:

NOTE: The clerk shall notify when directed by the court.

53.9.1 Juveniles Adjudicated Guilty as Youthful Offenders

When the judge in the court in which the matter was tried directs, mail a copy of the petition,

the adjudication, and the petition of the case. KRS 610.345(1). Before mailing these copies,

mark through the name of the complaining witness. KRS 610.345(6).

53.9.2 Juveniles Adjudicated Guilty of an Offense (Juvenile/Violent Offender

Classification under KRS 439.3401), or a Felony under KRS Chapters 218A, 508,

510 or 527

When the judge in the court in which the matter was tried directs, mail a copy of the petition,

the adjudication (AOC-JV-50), and the disposition (AOC-JV-31.1) of the case. KRS 610.345(2).

Before mailing these copies, mark through the name of the complaining witness. KRS

610.345(5).

 To view a violent offense. KRS 439.3401; see UOR Codes

 To view a felony under KRS Chapter 218A (Controlled Substances): see

UOR Codes

 To view a felony under KRS Chapter 508 (Assault and Related Offenses): see UOR Codes

 To view a felony under KRS Chapter 510 (Sexual Offenses): see UOR Codes

 To view a felony under KRS Chapter 527 (Involving the possession, carrying or use of a

deadly weapon as defined by KRS 500.080(4): see UOR Codes

53.9.3 Juveniles adjudicated guilty of an offense that would be a felony or

misdemeanor if committed by an adult and the misdemeanor involves a

controlled substance, the possession, carrying or use of a deadly weapon,

physical injury to another person, Sexual contact, Sexual intercourse, or Deviate

sexual intercourse

When the judge in which the matter was considered directs, mail a copy of the charge, the

adjudication (AOC-JV-50), and disposition (AOC-JV-31.1) of the case to the parties listed on the

form. KRS 610.345(5). Before mailing these copies, mark through the name of the complaining

witness. KRS 610.345(6).

Upon receipt of AOC- JV 53.1, if the petition is dismissed or informally adjusted, mail a copy to

the parties listed on the form and to the superintendent, and the director of pupil personnel of

MAINTENANCE OF COURT RECORDS

the public school district in which the child is enrolled, or the principal of any private elementary

or secondary school which the child attends or principal of the school the child attends.

 To view any offense that would be a felony pursuant to the Kentucky Revised Statutes;

see UOR Codes

 To view a misdemeanor under KRS Chapter 218A (Offenses Involving Controlled

Substances): see UOR Codes

 To view a misdemeanor under KRS Chapter 527 (Offenses Relating to Firearms and

Weapons): see UOR Codes

 To view a misdemeanor under KRS Chapter 510 (sexual offenses): see UOR Codes

 To view a misdemeanor under KRS Chapter 508 (Assault and Related Offenses) only

where there is physical injury to another person: see UOR Codes

NOTE: KRS 610.345(6) Notifications required in this section shall be made within

twenty-four (24) hours of entry of the court order.

NOTE: KRS 610.345(11) The superintendent may designate an employee of the school

districts to receive notices. The superintendent shall provide the clerk with notice of

designation and the name and contact information for the superintendent's designee.

54 MAINTENANCE OF COURT RECORDS

CR 79.05, KRS 30A.080

 Your oath to preserve court records means that you are responsible for their safekeeping,

but you are not responsible for any records which the court removes from your office.

Summers vs. City of Louisville, 140 Ky. 253, 130 S.W. 1101 (1910).

 Maintain all original papers filed in an action, court calendars, log sheets, transmittal sheets

and miscellaneous orders of the court.

 You are responsible for all mechanical recordings used in court.

 Never alter court documents unless so ordered by the court.

EXCEPTIONS:

• You may endorse the amount of a judgment on the judgment document.

• You may add the case number to newly filed pleadings.

• You may complete portions of orders or forms for clerk use, such as certificates of

service and distribution lists.

54.1 When Records May Be Removed

Do not allow any papers to be removed from your office except:

MAINTENANCE OF COURT RECORDS

• When a case is transferred from district court to circuit court because the case is

beyond the jurisdiction of district court.

• When an attorney makes a written request for the transfer of a record for

proceedings (motions, etc.) to be held by the court outside the county, send the

record to the circuit clerk in that county. After the proceeding, the record will be

returned to you. CR 79.05(1).

• When there is an invasion or insurrection or other catastrophe. KRS 30A.080(3).

• In obedience to court order or rule. KRS 30A.080(3).

• Upon a change of venue.

• When attorneys prepare appellate briefs. RAP 26(D)(2).

• When the record is on appeal. RAP 26(D)(3). For more information, see Appeals.

• When the Supreme Court orders permanent transfer of the records. KRS

30A.080(4).

• When records are transferred to the Division of Public Records in accordance with

the retention and disposal schedule adopted by the Supreme Court. KRS

30A.080(4). For more information, see Record Retention, Archiving and

Destruction.

When a record is removed for any of the above reasons, except transfer to Public Records,

make a notation of such removal in one of the following locations:

• The Memo field of the case screen

• On the docket sheet

• On the case jacket (only if the case is not in KYCourts).

Prepare an OUT card and place as a substitute for the file which has been removed. If the

file is borrowed by attorneys for preparation of appellate briefs, have them sign the OUT

card. If the record is not returned within a reasonable time, do not hesitate to ask for it.

BEST PRACTICE: Keep a check out sheet recording what records have been checked out

from the office, including the number of volumes. You may also have the attorney sign or

initial check out sheet upon removal and return of the record(s.)

54.2 Lost Pleading/File

When any paper in a suit is lost, an existing "attested" copy may be substituted for the

original with notice to the attorneys. If no attested copy exists, a court order is required. If

an entire file is lost, notify the judge and attorneys of record. KRS 422.200.