Boone Circuit Court Filing Timing and Cure Windows

Motions noticed for a regular docket must be filed and received by noon on the preceding Thursday for Boone Tuesday dockets and the preceding Monday for Gallatin Friday dockets.

All motions noticed to be heard at the call of any regular Motion Docket shall be filed and received in the Circuit Clerk's Office not later than 12:00 noon on the preceding Thursday for call on the Tuesday Motion Docket for Boone and the preceding Monday for call on the Friday Motion Docket for Gallatin.

Interrogatories and production or inspection requests must not be filed, and requests for admission must not be filed unless the response time has passed or the Court orders otherwise.

Except as herein provided, the following shall not be filed with the Court unless the Court orders otherwise: - a. Interrogatories propounded under CR 33; - b. Requests for Production or Inspection made under CR 34; and - c. Requests for Admission propounded under CR 36 unless the time for filing a response thereto has passed, in which event, counsel may file the original Request for Admission previously served.

Except for emergency or ex-parte motions and motions governed by other timeframes, motions must be filed and clocked with the Boone Circuit Clerk by 4:00 p.m. at least seven days before the hearing.

All motions pursuant to B/GFCR Rule 2, except emergency or ex-parte motions or motions with other timeframes under the FCRPP or appropriate statute, shall be filed and clocked with the Boone Circuit Clerk's Office no later than 4:00 p.m. at least seven (7) days in advance of the hearing.

All motions pursuant to B/GFCR Rule 2, except emergency or ex-parte motions or motions with other timeframes under the FCRPP or appropriate statute, shall be filed and clocked with the Gallatin Circuit Clerk's Office, and notice served upon the opposing party(ies), no later than 4:30 p.m. at least seven (7) days in advance of the hearing.

All motions pursuant to B/GFCR Rule 2, except emergency or ex-parte motions or motions with other timeframes under the FCRPP or appropriate statute, shall be filed and clocked with the Gallatin Circuit Clerk's Office, and notice served upon the opposing party(ies), no later than 4:30 p.m. at least seven (7) days in advance of the hearing.

All motions pursuant to B/GFCR Rule 2, except emergency or ex-parte motions or motions with other timeframes under the FCRPP or appropriate statute, shall be filed and clocked with the Boone/Gallatin Circuit Clerk's Office, and notice served upon the opposing party(ies), no later than 4:00 p.m. at least seven (7) days in advance of the hearing.

All motions pursuant to B/GFCR Rule 2, except emergency or ex-parte motions or motions with other timeframes under the FCRPP or appropriate statute, shall be filed and clocked with the Boone/Gallatin Circuit Clerk's Office, and notice served upon the opposing party(ies), no later than 4:00 p.m. at least seven (7) days in advance of the hearing.

A party opposing an extension motion must respond within five days after service and state why the extension should not be granted.

The party opposing the motion shall respond within five (5) days of service of the motion, setting forth the reasons why the requested extension should not be granted.

The opponent must be allowed three additional days to act on a motion served by U.S. mail or electronic service.

Pursuant to CR 6.05, the parties shall allow three (3) additional days for the opponent to act on any motion served by the U.S. mail or electronic service.

In an action that is not dismissed, pre-trial steps must be taken within 30 days or the action will be automatically dismissed.

In each action which is not dismissed, pre-trial steps shall be taken within thirty (30) days or the action will be automatically dismissed and the Court may make such orders as will facilitate the prompt disposition of the action on the calendar for trial or hearing. CR 77.02(2).

An objection to a proposed judgment or order may be based only on nonconformity with the Court's ruling and must be filed as soon as possible; absent an objection, the Court will enter it.

Opposing counsel shall file an objection only on the basis that the order or judgment is not in conformity with the ruling of the Court as soon as possible. If no objection is filed, the Court will enter the order or judgment,

If reasonably anticipated, the relevant portion of an otherwise unfiled document must be filed when it will be used at trial, with the motion, or at the time of appeal.

If a document not filed pursuant to CR. 5.06 is to be used at trial, or is necessary to a pre-trial or post-trial motion, or is necessary for appellate purposes, the portion of the document to be used shall be filed with the Clerk at the commencement of the trial, or at the time of filing the motion, or at the time of the appeal, if the document's use can be reasonably anticipated.

Criminal cases

An eligible person may apply for pretrial diversion after indictment or entry of a criminal information, but must apply no later than 60 days before trial.

After indictment or the entering of a criminal information in Circuit Court, and no later than sixty (60) 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.

All pleadings and other papers must be presented to the Court at the scheduled hearing.

All pleadings and other paper shall be presented to the Court at the scheduled hearing date

Deadline

1 hours

Petitions must be reviewed within an hour of presentation to a judge unless no judge is available.

Petitions shall be reviewed within an hour of presentation to a judge unless impossible due to no judge being available.

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.

An initial Petition and docketing of the case for the appointment of a personal representative, probate of a will or a similar initial proceeding shall be filed with the Probate Division of the District Clerk's office on the date of the hearing and all required fees shall be paid.

An initial Petition and docketing of the case for the appointment of a personal representative, probate of a will or a similar initial proceeding shall be filed with the Probate Division of the District Clerk's office on the date of the hearing and all required fees shall be paid.

In Boone and Gallatin Counties, the petition must be filed with the clerk at least two days before the appointment date.

[Boone and Gallatin Counties – the Petition must be filed with the clerk's office at least two days prior to the appointment date.]

A personal representative must file an inventory in duplicate with the Probate clerk within two months after qualifying.

A personal representative shall file an inventory in duplicate with the Probate clerk within two (2) months from the time of qualifying as said personal representative.

For a case with no pre-trial step in the last year, the Clerk must give written notice of dismissal in 30 days; the case may be dismissed without prejudice unless good cause is shown or a verified and sufficient answer to the notice is made.

At least once a year, the Clerk shall review all pending actions on the docket. The Clerk shall cause a written Notice to be given to each attorney of record, or litigant if prose, of every case in which no pre-trial step has been taken within the last year that the case will be dismissed without prejudice in thirty (30) days for want of prosecution except for good cause shown. The Court shall enter an Order dismissing each case without prejudice at Plaintiff's cost in which no verified answer or an insufficient answer to the Notice is made. 77.02(2).

A settlement must be filed with the probate clerk at least 10 days before the confirmation date, except for estates filing an informal settlement under KRS 395.605.

To be confirmed, a settlement must be filed with the probate clerk at least ten (10) days prior to the confirmation date, to permit the clerk to properly advertise the settlement, if applicable. - F. The foregoing subsections of this Rule shall not apply in an estate in which an informal settlement shall be filed in keeping with the provisions of KRS 395.605.

An appraisal objection and hearing must be arranged before the sale date.

Any party to a suit objecting to an appraisal shall file written objections thereto and shall arrange with the Court to have a hearing thereon prior to the date of sale.