Ky. Cir. Ct. Clerks' Manual OATHS AND AFFIRMATIONS

66 OATHS AND AFFIRMATIONS

KRS 30A.070, 30A.050(2), 62.020, 62.030

Circuit clerks and their deputies may administer oaths either in or out of

court concerning any matter in which an oath may be legally given (KRS

30A.070), including the official oath of an officer within the district or

county (KRS 62.020, 423.010). Under KRS 454.170, a solemn affirmation

may be accepted in place of an oath.

66.1 Oath to the Grand Jury

“Do you swear or affirm that you will hear and weigh carefully all the

evidence presented to you, and that you will do your duty as prescribed by

law, and that you will carry out carefully any investigations which you are

requested to make?" AP II Sec. 24.

NOTE: Oath to Grand Jury must be performed by the Court per RCr 5.02.

66.2 Oath to Witness

“Do you swear or affirm that you will tell the truth, the whole truth, and

nothing but the truth?” AP II Sec. 25.

66.3 Oath to Petit Jury

"Do you swear or affirm that you will impartially try the case between the

parties and give a true verdict according to the evidence and the law, unless

dismissed by the court?" AP II Sec. 28.

66.4 Oath to Fiduciaries

“Do you solemnly swear or affirm that you will faithfully perform the duties

of ________________ according to law?” KRS. 62.030.

OATHS AND AFFIRMATIONS

66.5 Constitutional Oath KY Constitution §228

Circuit clerks may administer the following oath or affirmation to an elected

official:

I, ______________, do solemnly swear (or affirm, as the case may be)

that I will support the Constitution of the United States and the

Constitution of the Commonwealth, and be faithful and true to the

Commonwealth of Kentucky so long as I continue a citizen thereof,

and that I will faithfully execute, to the best of my ability, the office

of ____________________ according to law; and I do further

solemnly swear (or affirm) that since the adoption of the present

Constitution, I, being a citizen of this State, have not fought a duel

with deadly weapons within this State, nor out of it, nor have I sent

or accepted a challenge to fight a duel with deadly weapons, nor have

I acted as second in carrying a challenge, nor aided or assisted any

person thus offending, so help me God.

66.5.1 Document for Administration of Oath

KRS 62.020

When the circuit clerk administers an oath to an elected official, the clerk

must certify in writing that the constitutional oath was administered and

the date of its administration must be filed in the following offices:

• In the Secretary of State's Office for a member of the General Assembly,

an officer elected from the state at large, an officer elected from a

district greater than one county, an officer elected from a city whose

boundaries extend beyond those of a single county, an officer

appointed cabinet secretary, an officer appointed a deputy or

assistant to an elected constitutional officer and who is required by

separate statute to take the oath of office;

• In the Governor's Office for the Secretary of State and the Assistant

Secretary of State;

• In the Office of the county clerk for the county from which an officer is

elected to countywide office or office for a district within the county

(not applicable if filed in the Secretary of State's office as outlined

above);

• In the Office of a Circuit Clerk for a county clerk within the jurisdiction of

that circuit clerk.

66.6 Circuit Clerks’ Oaths

Circuit Clerks and their deputies are required to take two oaths of office, the

oath prescribed by Section 228 of the Constitution and the oath prescribed

by KRS 30A.020, as follows:

OATHS AND AFFIRMATIONS

66.6.1 Constitutional Oath:

I, ______________, do solemnly swear (or affirm, as the case may be) that I

will support the Constitution of the United States and the Constitution of this

Commonwealth, and be faithful and true to the Commonwealth of Kentucky

so long as I continue a citizen thereof, and that I will faithfully execute, to the

best of my ability, the office of Circuit Court Clerk (or Deputy Circuit Court

Clerk) according to law; and I do further solemnly swear (or affirm) that since

the adoption of the present Constitution, I, being a citizen of this State, have

not fought a duel with deadly weapons within this State, nor out of it, nor

have I sent or accepted a challenge to fight a duel with deadly weapons, nor

have I acted as second in carrying a challenge, nor aided or as sisted any

person thus offending, so help me God.

66.6.2 KRS 30A.020

I, ______________, do swear that I will well and truly discharge the duties of

the office of_______________ County Circuit Court Clerk (or Deputy Circuit

Court Clerk) according to the best of my skill and judgment, making the due

entries and records of all orders, judgments, decrees, opinions and

proceedings of the court, and carefully filing and preserving in my office all

books and papers which come to my possession by virtue of my office; and

that I will not knowingly or willingly commit any malfeasance of office, and

will faithfully execute the duties of my office without favor, affection or

partiality, so help me God.

66.6.3 Document for Administration of Oath

The fact that the oaths have been administered shall be entered on the

record of the circuit court as noted in Document/Certification of Oath.

66.6.4 Bond

Circuit clerks are covered by a blanket bond procured by the Administrative

Office of the Courts on behalf of the clerks.

OATHS AND AFFIRMATIONS

66.7 Document/Certification of Oath

Certificate of Oath forms: AOC Form 016, Certification of Oath (requires a

judge’s signature) and AOC Form 016-A, Certification of Oath (Clerk)

(requires a clerk’s signature).

When a document or certification for administration of oath for anyone,

including a judge or clerk is received for filing in your office:

Quick Reference

1. Apply the FILED or ENTERED stamp, as appropriate, to the document; File/enter, date,

add the date and your initials. initial

2. File in your General/Administrative Order File. Enter the document on

the docket sheet attached to the inside of the file folder. Furnish copies Enter document on

as requested. docket sheet

66.7.1 Certification Request by County Clerk

Upon request by the county clerk for a certification that he/she has been

examined by you, pursuant to Section 100 of the Constitution, sign an

affidavit prepared by the county clerk indicating that he/she:

(1) was at least 21 years of age at the time of election;

(2) is a Kentucky citizen;

(3) has resided within Kentucky at least 2 years; and

(4) has resided in the county and district for which he/she was elected,

for at least one year prior to the election.

ORGANIZATION OF CASE RECORDS

67 ORGANIZATION OF CASE RECORDS AND

CASE MANAGEMENT STANDARDS

District and Circuit Courts

67.1 Organization of Case Records

1. To maintain physical control of case files, file all open and closed cases

together in numerical order. File cases with the same prefix in the case

number and the same color coded label together, numerically by

category. Do not file cases in alphabetical order.

2. Adoption, termination, juvenile, disability, involuntary hospitalization

and admission case folders, docket sheets, docket binders and index

cards must be kept locked and apart from other records.

3. Domestic violence and interpersonal protective order docket sheets,

docket binders, and index cards should be filed with other

non-confidential docket sheets, binders and index cards if the

petitioner's address does not appear on the docket sheets and index

cards. Domestic violence case folders must be kept locked and apart

from other records.

67.2 Case Numbering

1. All cases shall be assigned a case number. The case number consists of

three components, each separated by a hyphen, as follows:

• Year: Last two digits of the year to show the year of filing. Thus, a case

filed in 2015 will bear the designation 15.

• Type: Use a code letter to designate the type of case in accordance

with the table in item 3 below.

• Number: Consecutive order for each category, beginning with 00001.

• Trailer Numbers: Trailer numbers are only used for juvenile, disability,

involuntary hospitalization/admission, domestic violence and

interpersonal protective order cases and circuit criminal cases with

multiple defendants. These numbers begin with 001, example:

15-J-00001-001. For more information on special rules for

numbering these cases, see Case Add in the KyCourts Manual.

2. Show the case number and the case style on case records. You may

utilize pre-numbered file folders and print labels from the case

management system. You may also use color banded stick-on labels to

help distinguish the different types of cases. For uniformity in the Court

ORGANIZATION OF CASE RECORDS

of Justice, the following colors for the various categories of cases are

recommended and listed below.

ORGANIZATION OF CASE RECORDS

67.3 Letter and Color Codes

Case Type Letter Color

Code

DISTRICT COURT

Civil, Forcible Detainer, and URESA C White

Domestic Violence and Interpersonal D Light Blue

Protective Orders

Involuntary Hospitalization/ Admission and H Red

Disability

Small Claims S Orange

Probate and Name Change P Black

Juvenile and Paternity J Yellow

Traffic T White

Envelope

Misdemeanor M Buff

Envelope/Flat

file

Felony F Buff

Envelope/Flat

file

Alcohol Intoxication - Prepaid AI Buff

Envelope/Flat

file

CIRCUIT COURT

Civil, Domestic Relations, Contested Wills, CI Tan

Habeas Corpus, and URESA

Adoption and Termination AD Dark Blue

Criminal (Including 11.42's) CR Green

Appeals from District XX Purple

ORGANIZATION OF CASE RECORDS

67.4 Case Number Assignment - T, M, F Cases

If offenses are mixed in nature on a district court citation/criminal complaint, i.e.,

felonies, misdemeanors, and/or traffic charges in some combination, the case type

assigned will be that of the most serious offense.

EXCEPTION: The following is a list of misdemeanor offenses and UOR codes that are

filed as traffic cases if no felony offense is contained on the citation/criminal

complaint: UOR Codes.

Example Filed as:

Citation/criminal complaint contains a traffic, misdemeanor and F

felony offense.

Citation/criminal complaint contains a traffic and misdemeanor M

offense.

Citation/criminal complaint contains a traffic and misdemeanor T

offense, where the misdemeanor is listed as an exception (see UOR

Codes link above.)

Citation/criminal complaint contains a misdemeanor offense only. M

Citation/criminal complaint contains a misdemeanor offense only, T

where the misdemeanor is listed as an exception (see UOR Codes link

above.)

67.5 Uniform Case Management Standards

Supreme Court of Kentucky

In Re: Uniform case management standards

To establish uniformity in the filing of criminal charges throughout

Kentucky, it is the policy of the Court of Justice to open one (1) case file and

assign one (1) case number when two (2) or more offenses, whether

felonies, misdemeanors, violations, or any combination thereof are charged

in the same or related indictment, information, served criminal complaint or

citation, where the offenses are of the same or similar character or are

based on the same acts or transactions connected together or constituting

parts of a common plan or scheme. The foregoing shall be effective on

January 1, 1999.

ORGANIZATION OF CASE RECORDS

ENTERED: December 21, 1998.

Joseph E. Lambert

Chief Justice

67.6 Case History/Docket Entries

CR 79.01

A docket entry in a case is made by completing the appropriate screens in

the Case Management System. From these entries a case history is created.

This is the "docket sheet" for that case per CR 79.01. In using the current

case management system the docket sheet is referred to as a case history.

67.7 Computer Case History/Docket Entry

 Cases are opened by completing a case screen (see Case Add) with the

opening information consisting of case number, style, filing date, case type

and the opening judge.

 Documents. Complete a document screen for each document (except for

motions) filed in the case. Give a brief description of the document in the

memo field.

 Motions. Motions are filed by completing a scheduled event screen and

then entering the details of the motion in the motion screen attached to a

scheduled event screen. Memo additional details in the motion memo.

 Complete a summons or warrant screen for each process issued. When a

return is received, complete the service date and status fields on the same

screen.

 Complete a document screen for each order and judgment including notice

of entry method and date. Include a brief description in the memo field.

See Notice of Entry.

67.8 Correct a Mistake

To correct an error in a docket entry, type the erroneous portion, exactly as

written, in the Memo field, enter the necessary correction in the proper

field, and overlay with the necessary correction.