Breathitt Circuit Court Filing Timing and Cure Windows

CRITICAL

Necessary paperwork and orders must be tendered to the Court seven days before the hearing.

Counsel shall tender all necessary paperwork and orders to the Court seven (7) days prior to the hearing for review.

CRITICAL

Deadline

3 business days

Motions filed at least three business days before a Motion day are docketed for that day; later-filed motions are docketed on the following Motion day unless the parties agree otherwise.

The Clerk shall keep a motion docket in which there shall be docketed, in order, all motions filed with the clerk no later than 3 business days prior to the Court's Motion day. Any motions filed thereafter shall be docketed on the following motion day unless otherwise agreed to by the parties.

CRITICAL

A statement of appeal must be filed within 30 days after the first notice of appeal unless an extension motion is filed under CR 74; otherwise, dismissal and remand follow.

If the appeal is not perfected by the filing of a statement of appeal as provided in CR 72.06 within 30 days from the date of filing the first notice of appeal as provided in CR 72.08 and no motion for extension of time is filed as provided by CR 74, the Clerk shall notity the Circuit Judge of the failure to perfect the appeal and an order of dismissal and remand shall be entered.

CRITICALCriminal cases

An eligible person may apply for pretrial diversion after indictment, but the application must be made no later than the pretrial conference.

After indictment in Circuit Court, and no later than the pre-trial conference any person eligible for the program may apply to the Circuit Court and the Commonwealth for entry of a pretrial diversion order.

CRITICAL

A dissolution proceeding may not be assigned for a final contested hearing or submitted on deposition until 20 days have elapsed from the earliest listed event, or 60 days if the parties have minor children.

A proceeding for dissolution of marriage will not be assigned for a final contested hearing or submitted upon deposition until twenty (20) days (or sixty (60) days, if there are minor children of the parties) has elapsed from the date of service of summons, the appointment of a warning order attorney or the filing of an entry of appearance or a verified responsive pleading by the Respondent, whichever first occurs, following the following of the petition and issuance of the summons.

CRITICAL

A motion that is not timely filed must be re-noticed for hearing on a specified day and time.

All motions not timely filed shall be re-noticed for hearing on a day and time certain.

CRITICALCriminal cases

An eligible person may apply for pretrial diversion after indictment, but no later than the pretrial conference.

After indictment in Circuit Court, and no later than the pre-trial conference any person eligible for the program may apply to the Circuit Court and the Commonwealth for entry of a pretrial diversion order .

CRITICAL

A response to a motion must be filed with the Clerk before the hearing date unless the Court fixes a different time.

If a party desires to respond or if the Court orders a response, the response to any motion shall be in similar form and shall be filed with the Clerk prior to the date set for the hearing of the motion unless a different time is fixed by the Court.

CRITICAL

Signed Judgments and Orders of Sale must be sent to the Master Commissioner's Office within ten days of the Judge's signature.

A. All signed Judgments and Orders of Sale must be sent to the Master Commissioner's Office within ten (10) days of Judge's signature.

CRITICAL

Deadline

5 business days

If counsel disagree about whether a proposed order conforms to the ruling, they must review the hearing video within five business days after notice and, if they remain in disagreement, submit a joint statement with both proposed orders attached.

In the event counsel disagree on whether a proposed order is in conformity with the judge's ruling counsel shall notify each other of the disparity, and within five (5) business days of notice, shall review the video tape of the hearing, and if still in disagreement, counsel shall tender a joint statement to the judge with both proposed orders attached thereto for entry by the Court.

CRITICAL

If the statement of appeal is timely filed and no counter-statement is filed pursuant to CR 72.12 within 30 days thereafter and no motion for extension of time is filed within 10 days after that, the Circuit Clerk shall provide the Circuit Judge with the file and the case shall stand submitted.

If the statement of appeal is timely filed and no counter-statement is filed pursuant to CR 72.12 within 30 days thereafter and no motion for extension of time is filed within 10 days after that, the Circuit Clerk shall provide the Circuit Judge with the file and the case shall stand submitted.

CRITICAL

Deadline

7 business days

In the specified civil cases, prevailing-party counsel must prepare a conforming Order or Judgment within seven business days after the Order or Verdict.

A. In all civil cases in which a verbal Order or Judgment is announced by the Judge and in the case of a jury verdict, an Order or Judgment in conformity therewith shall be prepared by counsel for the prevailing party within seven (7) business days after the Order or Verdict,

CRITICAL

The Guardian ad Litem must file the required answer or report within 60 days of appointment.

Within sixty (60) days of the appointment, the Guardian ad Litem shall file an answer on behalf of the respondent or a report stating that, after careful examination of the case, he or she isn't able to present a defense.

CRITICAL

Reports from CHFS, the GAL, or other agencies must be filed within 45 days after the petition is filed unless the Court extends the deadline.

Any reports of the CHFS, GAL or other agencies shall be filed within 45 days of the filing of the petition unless extended by the Court.

CRITICAL

Motions for the Motion Docket are due by close of business no later than seven days before the scheduled Motion Hour.

Motions to be placed on the Motion Docket shall be filed in the county of the proceeding and shall be filed in the Office of the Circuit Court Clerk in that county or electronically filed by the close of business no later than seven (7) days prior to the scheduled Motion Hour.

WARNING

To qualify for the stated agreed-order procedure, the signed order must be submitted to the Clerk before the docket is called.

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

WARNING

An action with no step indicating intent to prosecute for one year may be dismissed for want of prosecution on a party's motion or the Court's own motion.

Pursuant to CR 77.02, when any action has remained on the Civil Docket for one (1) year without any step being taken indicating an intention to prosecute said action, the action may be dismissed for want of prosecution on motion of either party or on the Court's own motion.

WARNING

A show-cause order issued after the motion and affidavit are filed may issue ex parte, and its hearing must be at least seven days after service unless the Court orders otherwise.

When this motion and affidavit are filed, an Order may be issued ex parte which shall not come on for a hearing sooner than seven (7) days from the date it is served, unless otherwise ordered by the Court.

WARNING

Failure to file an answer or report within 60 days of notification of appointment may lead to sanctions and removal from the Family Court Guardian ad Litem appointment list.

The failure of the Guardian ad Litem 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 Family Court Guardian ad Litem appointment list.

WARNING

If the filing deadline falls on a day the Clerk’s Office is closed, the deadline is extended until the close of the Clerk’s Office on the preceding day.

In the event that the filing deadline falls on a day that the Circuit Court Clerk's Office is closed then the deadline for filing the Motion is extended until the close of the Circuit Court Clerk's Office the preceding day.

INFO

Counsel or parties may submit a proposed order, decree, or judgment on or before the hearing date.

Counsel or parties may tender a proposed order, decree or judgment on or before the date of the hearing.