Ky. Cir. Ct. Clerks' Manual PETITION PERTAINING TO SHERIFF’S INCAPACITY TO SERVE

71 PETITION PERTAINING TO SHERIFF’S

INCAPACITY TO SERVE

KRS 64.121

District and Circuit Court Process Map

 A Sheriff or his/her personal representative may petition the district or

circuit Court for an order determining that the Sheriff is physically or

mentally unable to discharge the duties of his/her office.

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

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

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.

2. Assign to a division using the procedure in your local court rules. File, date, initial

3. Open the case using case type OTH. For instructions on opening the case,

see the Case Add section of the KyCourts Manual. File at the direction of Case type OTH

the petitioner by generating the next case number for district civil C or

District Civil C Case

circuit civil CI cases or use the next pre-numbered file folder.

Circuit Civil CI Case

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 Do not issue

Pauperis and a supporting affidavit, or AOC Form 026. See Section 57 summons

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.

6. Do not issue a summons.

7. Deliver the case file to the judge.

Enter, date, initial

8. When an order is received, apply the ENTERED stamp; add the date and

your initials.

PETITION PERTAINING TO SHERIFF’S INCAPACITY TO SERVE

9. Enter order on document screen using document type OO. After entry of Quick Reference

the order, serve notice of entry on the parties. Enter the notice of entry

Document type OO

method and date on the document screen when the order is entered.

See Notice of Entry. NOE

10. When an order closes the case, complete the disposition date, Disposition type

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