Ky. Cir. Ct. Clerks' Manual PETITION FOR DAMAGES PERTAINING TO CHILDHOOD SEXUAL ABUSE/ASSAULT

69 PETITION FOR DAMAGES PERTAINING TO

CHILDHOOD SEXUAL ABUSE/ASSAULT

KRS 413.249

District and Circuit Court

69.1 Filing Fees

1. Collect filing fees as set forth in the Accounting Manual and give a receipt.

Do not apply the FILED stamp or process the petition until the filing fees

are paid.

EXCEPTIONS: The following are exempted from the filing fees:

• In Forma Pauperis Granted. See Section 57.

• Petitioner is the Commonwealth. KRS 453.010.

NOTE: City and county governments are not exempt from paying filing

fees unless the action is filed in the name of the Commonwealth.

69.2 Petition

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

case type OTH.

2. Open the case. For instructions on opening the case, see the Case Add

section of KyCourts Manual.

3. Generate the next case number for circuit civil CI cases or district civil C

cases as indicated by the petitioner or use the next pre-numbered file

folder.

4. If the petitioner is seeking to proceed In Forma Pauperis, the 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.

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

NOTE: If you receive a motion to seal with the petition, see Motion to

Seal.

Quick Reference

Case type OTH

Civil CI case

District Civil C case

File, date, initial

Process Map

PETITION FOR DAMAGES PERTAINING TO CHILDHOOD SEXUAL ABUSE/ASSAULT

6. Issue a summons immediately upon the filing of a complaint and serve

with the petition as directed by the petitioner. CR 4.01(1).

69.3 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.

For more information, see Service of Process.

69.4 Motion to Seal

1. Upon receipt of a motion to seal with the petition for damages

pertaining to childhood sexual abuse/assault apply the FILED stamp to

the motion to seal; add the date and your initials.

2. Open the case in the confidential CO division.

3. In the circuit CI or district DI division complete a case screen only, using

the case number assigned to the case in the CO division as appropriate.

4. Enter the style of the case as SEALED RECORD.

5. Enter the original filing date, case type of SE (sealed) and the disposition

date the same as the filing date.

6. Enter the judge assigned the case as the open judge and judge at

disposition.

7. Set the motion for hearing as directed by your judge. Use schedule type

MH.

8. File by completing a scheduled events and motion screen. Use motion

type SE.

9. Seal the case file in a suitable envelope; add the case number to the

outside of the envelope and file in numerical order with other cases.

10. The file may be unsealed for the inclusion of other papers, which may be

filed during the pendency of the motion. Note the date and your initials

on the outside of the envelope each time you open and reseal the

record. For any other purpose, treat the record as confidential.

11. When the motion to seal is ruled upon, follow the court order for future

handling of the record.

12. If the court orders the case to be a public record (unsealed), through

case level maintenance, delete the case number in the circuit CI or

district DI division (named Sealed Record). Transfer the case from the

confidential CO division to circuit CI or district DI division using the

original CI or DI case number as appropriate.

Quick Reference

File, date, initial

Confidential CO

case

Case screen only in

circuit or district

division

Case style SEALED

RECORD

Schedule type MH

Motion type SE

Seal the case

If ordered to be

unsealed:

Delete case number

in circuit CI or

district DI divisions;

transfer case from

CO division to the

CI or DI division

PETITION FOR DAMAGES PERTAINING TO CHILDHOOD SEXUAL ABUSE/ASSAULT

PETITION FOR DAMAGES PERTAINING TO CHILDHOOD SEXUAL ABUSE/ASSAULT

69.5 Order

1. When a signed order is received, apply the ENTERED stamp; add the Quick Reference

date and your initials. Enter, date, initial

2. Enter the order on the document screen. Use document type OTS. Document type

3. After the order is entered, serve notice of entry on every party who is OTS

not in default or who has not filed a written waiver of notice. Make an Serve notice of

entry on the document screen showing the manner (mail or personal entry

delivery) and date of service of notice of entry of order. For more

information, see Notice of Entry.

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

disposition type, and judge at disposition fields on the case screen.

Close case