Bourbon County Circuit Court, Kentucky Filing Timing and Cure Windows

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.

CRITICAL

The notice of related cases must be filed at the same time as the initiating pleading.

A. At the time the initiating pleading is filed, Petitioner is required to file with the Court a notice of related cases, if any.

CRITICAL

When a case is transferred before a protective order is entered, the emergency protective order continues and the initiating court reissues the summons for no more than 14 days if service has not been made, or for the period the court finds necessary to protect the petitioner; afterward, summonses are reissued as needed in the transferee court.

In the event a domestic violence case is transferred to another circuit prior to a domestic violence protective order being entered, the emergency protective order shall continue and the summons shall be reissued by the initiating court, pursuant to KRS 403.740 (4), for à period not to exceed fourteen (14) days if service has not been made on the adverse party by the date of transfer, or as the court determines is necessary for the protection of the petitioner. Thereafter, reissuance of the summons shall occur as needed in the court of transter.

CRITICAL

During regular business hours, the authorized agency or officer must file a petition with the Circuit Court Clerk in the county where it is filed upon receipt.

Upon receipt of a petition during regular business hours the authorized agency/officer shall file the petition with the Circuit Court Clerk in the county where the petition is being filed.

CRITICAL

A motion filed electronically or through a physical drop box after 8:00 a.m. on the next business day after its deadline is untimely and will not be heard.

Any motion filed electronically or utilizing a physical drop box after 8:00 a.m. on the next business day following the date of the deadline shall be deemed to be not timely filed and will not be heard.

WARNING

The Circuit Clerk must enter the document into the record upon receipt of the return card.

receipt of the return card, the Circuit Clerk shall enter this document into the record.

CRITICAL

Deadline

3 business days

The Court, juvenile, and counsel must receive court-ordered reports and accompanying documents at least three business days before a proceeding or hearing.

At least three (3) business days prior to any proceeding or hearing, the Court, the juvenile and counsel shall receive any court ordered reports and accompanying documents.

CRITICALCriminal cases

The required eligibility materials must be submitted before the defendant’s next scheduled court appearance.

The assessment, the Notice of Eligibility form, and any other pertinent information regarding the defendant shall be completed and submitted to BSW-MHC team prior to the defendant's next scheduled court appearance.

CRITICAL

Notice must be filed or a request made before 4:00 p.m. at least one week before the motion-hour designation for a motion or action to be placed on the docket.

No motion or actions shall be placed on the motion docket unless notice is filed, or request is made before 4:00 p.m., at least one (1) week preceding the motion hour designation on the notice.

CRITICAL

The Court may not take a plea unless the proper paperwork has been filed in the record by the time the plea is taken.

The Court shall not take any pleas from defendants absent the proper paperwork being filed in the record on or before the time of the taking of the plea.

CRITICAL

When attorneys must prepare and submit the pretrial order, it is due no later than ten days after the pretrial conference.

If a pretrial order is not entered at the time, the attorneys shall be responsible for preparation and submission of a pretrial order, incorporating the Court's rulings, agreements or stipulations of the parties in any matter designated by the Court not later than ten (10) days following the pretrial conference.

CRITICAL

Motions for distribution must be filed within ten days after the Report of Sale or Cancelled Sale is filed and noticed at the Court’s convenience.

Motions for distribution of cancelled sale costs or for distribution of costs of sale shall be filed within ten (10) days immediately following the filing of the Report of Sale or Cancelled Sale and shall be noticed at the convenience of the Court, with all Orders to be submitted to the Master Commissioner for review and approval, along with appropriate number of copies for the Court, Master Commissioner, and parties on the Certificate of Service and postage paid envelopes.

CRITICAL

Protective-order hearings must be scheduled so they can be held within 14 days of filing.

The schedule shall be set by the Judge or Judges presiding over protective orders and shall be set so that hearings can be held within 14 days of filing.

CRITICAL

Offer sheets must be filed in the record on or before the date the defendant’s plea is taken.

All offer sheets shall be signed by the attorney prosecuting the case, the defendant, and the defendant’s counsel and shall be filed in the record on or before the date the defendant’s plea is taken.

CRITICAL

Unless a rule or statute allows otherwise, motions must be filed and served no later than close of business 10 days before the scheduled motion date, and responses must be filed and served no later than close of business 3 days before that date.

A. Unless otherwise allowed by rule or statute, all motions to be set on a docket must be filed with the Circuit Clerk and served on the opposing parties or attorney, if represented, date. All responses must be filed with the Circuit Clerk and served on the opposing and clocked no later than close of business 10 days in advance of the scheduled motion parties or attorney, if represented, and clocked no later than close of business 3 days in advance of the scheduled motion date. Failure to timely respond to a motion may be grounds for granting the motion. Further, the Court may impose sanctions upon an attorney or party for failure to comply with this rule, including overruling the motion or not considering the response.

CRITICAL

The failure of the Military Attorney to file an answer or report within sixty (60) days of notification of appointment may result in sanctions being imposed against the attorney and removal from the Military Attorney List.

The failure of the Military Attorney to file an answer or report within sixty (60) days of notification of appointment may result in sanctions being imposed against the attorney and removal from the Military Attorney List.

CRITICAL

The plea-entry motion must be filed when the Court takes the plea.

A motion to enter the guilty plea or plea pursuant to North Carolina v. Alford shall be filed at the time the defendant’s plea is taken by the Court.

CRITICAL

Deadline

3 business days

The Master Commissioner must report the actions taken at the sale to the Court within three business days after the sale.

The Master Commissioner after making the sale shall report his/her actions to the Court within three (3) business days of the sale.

CRITICAL

When applicable, the felony-diversion motion and proposed order must be filed when the defendant’s plea is taken.

If applicable, a motion for felony diversion and proposed order of diversion shall also be filed at the time the defendant’s plea is taken.

CRITICALCriminal cases

An eligible person may apply for a Pretrial Diversion Order 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 a Pretrial Diversion Order.

CRITICAL

If the Plaintiff or moving party fails to submit the confirmation order within twenty days after filing of the Report of Sale, the Master Commissioner must stop additional interest from accruing on the Judgment effective that same twenty-day point.

In the event the Plaintiff or moving party shall fail to submit the Order Confirming Sale to the Master Commissioner within twenty (20) days after the filing of the Report of Sale, then the Master Commissioner shall terminate the accrual of any additional interest on the Judgment effective twenty (20) days after the filing of the Report of Sale.

CRITICAL

The Master Commissioner must file the written, signed appraisal in the court record before the sale.

In accordance with KRS 426.520(2) the appraisal shall be in writing, shall be signed by the persons making it, and shall be filed in the Court record by the Master Commissioner prior to the sale.

CRITICAL

The Master Commissioner must sell the property within 90 days after the referral order, except that vacant and abandoned property is sold under KRS 426.205.

The Master Commissioner shall sell the property in a reasonable time not to exceed 90 days after the date of the order of referral except that property found to be “vacant and abandoned” shall be sold in accordance with KRS 426.205.

CRITICAL

A motion response must be filed by the time specified in the hearing notice.

Such response shall be filed at or before the time specified in the notice of hearing of the motion.

CRITICAL

The Plaintiff or moving party must submit the confirmation order, sufficient copies, and prepaid envelopes to the Master Commissioner within twenty days after the Report of Sale is filed; the Commissioner submits it with the deed for Court approval and entry.

an order confirming the sale with sufficient copies and postage prepaid envelopes, shall be submitted by the Plaintiff or moving party to the Master Commissioner within twenty (20) days after the filing of the Report of Sale, who shall submit same along with the Deed conveying the subject property for approval and entry by the Court.

CRITICAL

The sale is deemed confirmed ten days after the report is filed if no exceptions have been filed, without a motion.

Ten (10) days after the filing of that report, if no exceptions have been filed thereto and without motion, the sale shall be deemed confirmed

CRITICAL

Deadline

1 hours

A petition must be reviewed within one hour after presentation to a judge or trial commissioner unless their unavailability makes that impossible.

Petitions will be reviewed within an hour of presentation to a judge or trial commissioner unless it is impossible due to the unavailability of a judge or trial commissioner.

CRITICAL

No further pleadings, proof, or briefs may be filed after submission unless the Court orders or allows them for good cause.

No further pleadings, proof or briefs shall be filed after submission, unless ordered or allowed by the Court for good cause shown.

WARNING

Deadline

1 hours

Petitions should be reviewed within an hour of presentation to a judge or trial commissioner, unless neither 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.

WARNING

An agreed order resolving a docketed motion must be submitted to the Circuit Clerk before the docket call for counsel to be excused from attending the call.

If an agreed order relating to a motion on the docket, signed by counsel for all parties affected or a party if unrepresented, is submitted to the Circuit Clerk prior to the call of the docket, counsel need not attend the call of the docket.

WARNING

The Court sets final-hearing notice timing at its convenience, except that an uncontested adoption hearing must be held within 30 days after the request is filed unless required documents have not been filed.

A motion for final hearing in an adoption proceeding shall be noticed at the convenience of the Court except that in the case of an uncontested adoption, a hearing shall be held within 30 days of the filing of the request for a final hearing pursuant to FCRPP 33(2) unless all required documents have not been filed.