Court Rules

Adair Circuit Court Filing Timing and Cure Windows

12 rules from official source documents

Filing cutoffs, deemed-filed rules, rejection handling, cure periods, and outage procedures.

Cutoffs and deemed-filed rules

CRITICAL

Petitioners must not be sent away or left waiting for extended periods.

Petitioners shall not be sent away or left waiting for extended periods of time.

CRITICAL

Motions must be filed with the circuit clerk by 3:30 p.m. at least five days before the Rule Day; late motions will not be heard on the requested day or docketed until a timely motion is made.

All motions shall be filed in the circuit clerk's office no later than 3:30 p.m. at least five days prior to the Rule Day for which such motion is to be heard. This would be Wednesday in Casey County and Thursday in Adair County. Motions not timely filed in the circuit clerk's office will not be heard on the day requested and will not be docketed until such time as a timely motion is made.

CRITICAL

The court must review a protective-order petition immediately upon filing.

The court shall review a petition for a protective order immediately upon its filing. KRS 403.730, KRS 456.040.

WARNING

Agreed orders and judgments and in forma pauperis motions may be submitted at any time and should not be placed on the Motion Day docket.

Agreed orders and judgments, and in forma pauperis motions, may be submitted to the Court at any time and should not be placed on the Motion Day docket.

Filing deadlines

CRITICAL

An eligible person may apply for pretrial diversion after indictment, but must apply no later than 45 days before trial.

After indictment in circuit court, and no later than 45 days before trial, any person eligible for the program may apply to the Circuit Court and the Commonwealth for entry of pre-trial diversion order.

CRITICAL

If property matters are disputed at trial, the parties must file an AOC-239 no later than 5 days before trial, or may file an affidavit stating there have been no changes since completion of the AOC-238, if filed.

Pursuant to FCRPP 3(3)(b), no later than 5 days prior to the trial, the parties shall file an AOC-239, Final Verified Disclosure Statement, in the record if property matters are in dispute at the trial; or the parties may file an affidavit that there are no changes in circumstances since the completion of the AOC-238, Preliminary Verified Disclosure Statement, if filed.

CRITICAL

For an underlying case in Adair or Casey District Court, the clerk must docket a review hearing within 90 days after the termination order and docket the matter as directed by the court at least annually until permanency is achieved.

When the underlying dependency, neglect and abuse case is in the Adair or Casey District Court, the Clerk of the Adair or Casey District Court shall docket the matter for a review hearing within 90 days from the date of the entry of the order of termination of parental rights and shall docket the matter as directed by the District Court at least annually thereafter until permanency is achieved.

CRITICALCriminal cases

An eligible person may apply for a pre-trial diversion order after indictment and no later than 45 days before trial.

After indictment in circuit court, and no later than 45 days before trial, any person eligible for the program may apply to the Circuit Court and the Commonwealth for entry of pre-trial diversion order.

CRITICAL

Deadline
24 hours

A response must be filed at least 24 hours before the motion hearing time stated in the notice; untimeliness may be grounds to grant the motion.

Such response shall be filed at least 24 hours prior to the time specified in the notice of hearing of the motion. Failure to file a timely response may be grounds to grant the motion,

CRITICAL

All parties must file pre-trial compliance statements thirty days before trial.

Pre-trial compliance statements shall be filed by all parties thirty (30) days before the trial date.

WARNING

A party may move for a pre-trial conference at the time a case is set for trial or at any time from the setting of the trial date until thirty (30) days from the date of trial by an appropriate motion.

A party may move for a pre-trial conference at the time a case is set for trial or at any time from the setting of the trial date until thirty (30) days from the date of trial by an appropriate motion.

WARNING

Deadline
1 hours

Petitions should be reviewed within an hour of presentation to a judge or trial commissioner, unless none is available.

Petitions should be reviewed within an hour of presentation to a judge or trial commissioner unless impossible due to no judge or trial commissioner being available.

Common questions about Adair Circuit Court filing timing and cure windows rules

What filing deadlines does Adair Circuit Court set?

An eligible person may apply for pretrial diversion after indictment, but must apply no later than 45 days before trial.

View ruleOfficial source Source: page 32, section Attachment "D" — CLASS D FELONY PRETRIAL DIVERSION PROTOCOL

7 more rules answer this question.

When is a filing treated as filed in Adair Circuit Court?

The rule states a 3:30 p.m. filing cutoff. Motions must be filed with the circuit clerk by 3:30 p.m. at least five days before the Rule Day; late motions will not be heard on the requested day or docketed until a timely motion is made.

View ruleOfficial source Source: page 8, section 2.3 Deadlines for Serving and Filing Motions

1 more rule answers this question.