Bell Circuit Court Filing Timing and Cure Windows

CRITICAL

A faxed or emailed motion is considered filed of record on the date the copy is received and marked filed.

The original shall be attached to the faxed or emailed copy and shall be considered filed of record as of the date the faxed or emailed copy was received and marked as filed.

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.

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

The Court will not accept a guilty or guilty-but-mentally-ill plea after 3:00 P.M. on the day before trial begins unless good cause for delay is shown.

No plea of guilty, or of guilty but mentally ill, shall be accepted by the Court after 3:00 P.M. the day before the trial is scheduled to begin, except upon good cause shown for delay.

WARNING

The court shall review a petition for a protective order immediately upon its filing. KRS 403.730, KRS 456.040. Petitioners shall not be sent away or left waiting for extended periods of time. Petitions should be reviewed within an hour of presentation to a judge available. or trial commissioner unless impossible due to no judge or trial commissioner being

The court shall review a petition for a protective order immediately upon its filing. KRS 403.730, KRS 456.040. Petitioners shall not be sent away or left waiting for extended periods of time. Petitions should be reviewed within an hour of presentation to a judge available. or trial commissioner unless impossible due to no judge or trial commissioner being

WARNING

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.

INFO

Agreed orders, decrees, and judgments may be submitted at any time and do not need to be noticed for a hearing.

Agreed orders, decrees or judgments may be submitted to the Court at any time and need not be noticed for a hearing.

CRITICAL

Objections to a judicial sale must be filed with the Bell Circuit Court Clerk within 10 days after the Report of Sale is filed.

All objections to the judicial sale, if any, shall be filed of record with the Bell Circuit Court Clerk within ten (10) days after the Report of Sale is filed of record, and shall be stated with specificity.

CRITICAL

Court-ordered mediation must be scheduled to begin within 90 days after the order, and court proceedings pause until mediation concludes unless the Court orders otherwise.

If mediation is so ordered, it shall be scheduled to begin within ninety (90) days after the entry of the order directing mediation, and no further court proceedings shall be had until the conclusion of mediation or until the Court orders otherwise.

CRITICAL

A defendant seeking to excuse all or part of assessed monetary obligations must make the request before entry of final judgment.

At any time prior to the entry of final judgment, a defendant who is convicted and against whom monetary obligations are assessed may request that the Court excuse all or part of those monetary obligations.

CRITICAL

Requests for an installment plan or payment deferment must be made before the referenced 15-day period expires; each request must be by motion noticed for hearing.

2. At any time prior to the expiration of the fifteen (15) day period described in paragraph 1 above, a defendant may request that the Court establish an installment payment plan for the payment of any monetary obligations, which plan, if permitted, shall specify at minimum the number of payments to be made, the times or intervals at which they are to be made, and, if other than the Bell Circuit Court Clerk, the person to whom payments are to be made. Any request for the cstablishment of an installment payment plan shall be by motion, which shall be noticed for a hearing at the convenience of the Court. 3. At any time prior to the expiration of the fifteen (15) day period described in paragraph 1 above, a defendant may request that the Court defer payment of such monetary obligations to a future date. Any request for a deferment shall be by motion, which shall be noticed for a hearing at the convenience of the Court. If the defendant's request is granted, a show cause date shall be scheduled by the Bell Circuit Court Clerk, by which date either full payment or the first payment under an installment payment plan will be made.

CRITICAL

If a defendant is incarcerated outside of Bell County and a court event at which he is required to appear is scheduled in the action against him, the defendant, if the court event is scheduled at the request or notice of the defendant, or the Commonwealth, in all other cases, shall tender to the Court an order directing the appropriate authority to transport the defendant no later than seven (7) days prior to the court event, or as soon as possible after the scheduling of the court event if there are fewer than seven (7) days between the scheduling of the court event and the event itself.

If a defendant is incarcerated outside of Bell County and a court event at which he is required to appear is scheduled in the action against him, the defendant, if the court event is scheduled at the request or notice of the defendant, or the Commonwealth, in all other cases, shall tender to the Court an order directing the appropriate authority to transport the defendant no later than seven (7) days prior to the court event, or as soon as possible after the scheduling of the court event if there are fewer than seven (7) days between the scheduling of the court event and the event itself.

CRITICAL

Deadline

2 calendar days

Unless the Court allows otherwise, all responsive filings must be filed no later than two calendar days before the motion hearing.

Unless otherwise allowed by the Court, all responsive filings shall be filed of record no later than two (2) calendar days before the date on which the motion is to be heard.

CRITICAL

Counsel or, for an unrepresented defendant, the Clerk must provide BCRP Form 1 before sentencing.

Upon conviction, and before the date of sentencing, counsel for a defendant, or if a defendant is unrepresented, the Bell Circuit Court Clerk, shall provide to the defendant a copy of BCRP Form 1

CRITICALCriminal cases

An eligible person may apply for pretrial diversion after indictment, but must apply no later than 15 days before trial.

After indictment in circuit court, and no later than Fifteen (15) days before trial, any person eligible for the program may apply to the Circuit Court and the Commonwealth for entry of a pretrial diversion order .

CRITICAL

A motion requesting action on sale objections must be filed within the same 10-day period that begins when the Report of Sale is filed.

All objections to the judicial sale, if any, shall be filed of record with the Bell Circuit Court Clerk within ten (10) days after the Report of Sale is filed of record, and shall be stated with specificity. A motion for action upon any objections shall also be filed of record within the same ten (10) day period, and may be noticed for a hearing on the next appropriate motion day, or at the convenience of the Court.

CRITICAL

If no objections are filed, the judicial sale is deemed confirmed after the 10-day period expires.

If no objections are filed of record, the judicial sale shall be deemed confirmed by the Court after the expiration of the ten (10) day period.

CRITICAL

An objection to a continuance must be filed of record within five days thereafter.

If another party objects to a continuance, he shall file of record such objection within five (5) days thereafter.

CRITICAL

If the parties do not obtain a new mediation date within 30 days after the 90-day period expires, they must notice the action for a status conference on the next available appropriate motion day.

If a new mediation date is not obtained within the next thirty (30) days following the expiration of the ninety (90) day period described in paragraph 1 above, the parties shall notice the action for a status conference on the next available appropriate motion day.

CRITICAL

Deadline

7 calendar days

1. Timing of Filing and Service of Motions. (a) Unless otherwise agreed upon by the parties, and except as otherwise provided in these rules of practice and procedure, all motions shall be filed of record with the Bell Circuit Court Clerk, and served upon all other parties, no later than seven (7) calendar days before the date on which the motion is noticed to be heard.

1. Timing of Filing and Service of Motions. (a) Unless otherwise agreed upon by the parties, and except as otherwise provided in these rules of practice and procedure, all motions shall be filed of record with the Bell Circuit Court Clerk, and served upon all other parties, no later than seven (7) calendar days before the date on which the motion is noticed to be heard.

CRITICAL

The parties must file a Notice of Delay in Mediation when ordered mediation is delayed beyond the 90-day period.

If mediation is ordered in an action, and it is delayed beyond the ninety (90) day period described in paragraph 1 above, the parties, jointly or by designation, shall file of record with the Bell Circuit Court Clerk a Notice of Delay in Mediation, which shall specify the reason(s) for the delay, and shall certify whether the parties are, or will be, making reasonable efforts to pursue the rescheduling of mediation.

CRITICAL

Deadline

10 calendar days

Unless the parties agree otherwise, the specified civil-action motions, motions to dismiss, CR 12.02 motions, and merits motions must be filed with the Clerk no later than ten calendar days before the noticed hearing.

Unless otherwise agreed upon by the parties, (i) all motions filed of record in a civil action described in FCRPP 1(2), (ii) all motions to dismiss, (iii) all motions made pursuant to CR 12.02, and (iv) all motions going to the merits of the case, including but not limited to motions for judgment on the pleadings and motions for summary judgment, shall be filed of record with the Bell Circuit Court Clerk, and served upon all other parties, no later than ten (10) calendar days before the date on which the motion is noticed to be heard.

CRITICAL

A hearing on a garnishment challenge must be scheduled within ten days after the motion and accompanying affidavit are filed of record.

If such a motion with accompanying affidavit is filed of record, it shall be scheduled for a hearing thereon within ten (10) days of filing.

CRITICAL

A party may retrieve their exhibit within five days after an order granting removal; otherwise, the Clerk must destroy it.

A party may retrieve the exhibit(s) submitted by him or her within five (5) days after the entry of an order granting removal; otherwise, the Bell Circuit Court Clerk shall destroy the exhibit(s).

CRITICAL

Motions pendente lite must be filed before the case management conference for hearing there; they may not be filed more than 30 days after the conference absent a court order based on good cause.

The parties shall, in accordance with the provisions of Rule 206 above, file of record with the Bell Circuit Court Clerk any motions pendente lite before the case management conference, to be heard thereat. A party may petition the Court, on or before the case management conference, for an extension of time to file of record any such motions. However, no motions pendente lite may be filed of record after thirty (30) days from the case management conference, except upon order of the Court based on good cause shown.

CRITICAL

Deadline

3 business days

The original motion must be filed within three business days after the faxed or emailed copy is received.

However, the original motion must be filed within three (3) business days of the receipt of the faxed or emailed copy.

WARNING

If a movant fails to comply with the motion timing requirements, the Court may pass the motion to the next appropriate motion day or a time agreed upon by the parties.

If a movant fails to comply with the provisions of this paragraph, the motion may, in the discretion of the Court, be passed to the next appropriate motion day, or to a time agreed upon by the parties.

WARNING

After 35 days from entry of a final order, and if no notice of appeal has been tendered, any party may request an order to remove the specified exhibits from the file.

After thirty-five (35) days from the entry of a final order in the Bell Circuit Court action, and provided no notice of appeal has been tendered to the Bell Circuit Court Clerk, any party may request an order directing the Bell Circuit Court Clerk to remove from the file any exhibits containing information required by paragraph 2 above.

WARNING

If the Court takes a matter under submission, any party may submit a proposed order or judgment within ten days of the hearing.

If the Court takes a matter under submission, all parties may submit proposed orders or judgments within ten (10) days of the hearing.

WARNING

A criminal garnishment motion may be made any time after the monetary obligation is due.

A motion for a criminal garnishment order may be made at any time after the day on which the monetary obligation became due, and shall contain sufficient information for the order to properly identify all garnishees.

INFO

A party may request to modify its proposed jury instructions before the Court rules on the final instructions.

However, a party may request to modify its proposed jury instructions at any time before the Court rules upon the final instructions to be submitted to the jury.