Breckinridge County Circuit Court, Kentucky Filing Timing and Cure Windows

CRITICAL

Petitions must be reviewed within an hour of presentation to a judge or trial commissioner unless neither is available.

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

The subpoena copy or alternative service memorandum must be filed with the Clerk at least two days before the continuance motion.

In addition to the requirements of RCr 9.04, any party seeking the continuance of a trial date based upon the absence of a necessary witness, except for good cause shown, shall have filed with the Clerk of the Court no less than two (2) days prior to the making of the motion for a continuance, a copy of the subpoena for said witness which was on that date or prior to that date issued for the appearance of said witness; or, a memorandum setting forth the name of the person subpoenaed, the agency/entity to whom the subpoena was delivered for service, and the date the subpoena was so delivered. Further, counsel must be prepared to advise the Court that a good faith effort has been made to achieve service and explain the reason that service has not been made.

CRITICAL

The responding party must file the required disclosure within 30 days after service of civil summons or filing of the Petitioner’s disclosure, whichever occurs later.

The responding party, upon whom the initial moving party's pleadings are served, shall be required to file a VFI within thirty (30) days of service of civil summons or filing of the Petitioner's VPD, wiichever is later.

CRITICAL

Deadline

5 working days

A motion and its notice must be filed with the Clerk at least five working days before the hearing date for the motion to be assigned to a docket.

The Clerk of each Court shall establish a separate Domestic Relations Docket Sheet, which shall not be co-mingled with matters to be heard by the Court. The Clerk will not assign any motion to a cocket unless the motion and notice shall have been filed in the clerk's office at least five (5) working days prior to the date set for hearing.

CRITICAL

If no objection is filed within ten days after service of the summons, petition, and motion, the court will enter the Status Quo Order.

If no objection is filed within 10 days of service of the Summons, Petition and Motion, the Status Quo Order will be entered by the Court.

CRITICAL

Deadline

5 business days

A matter must be filed at least five business days before its scheduled hearing to be docketed, unless the court grants leave.

Note: In order to ensure proper notice to all parties, no matter will be docketed, except by leave of court, within five business days of the scheduled hearing. For example, a matter to be heard Wednesday must be filed with the circuit court clerk the preceding Wednesday to meet the requirement.

CRITICAL

The initial moving party must file the VFD within 45 days after filing the pleading that initiates the legal process.

The initial movin? party's VFD shall be required to be filed within forty-five (45) days of filing of the pleading initiating legal process (i.e. Petition for Dissolution, etc.).

CRITICALCriminal cases

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

After indictment in circuit court, and no later than forty-five (45) days prior to the scheduled trial, a person eligible for the program may apply to the Circuit Court and the Commonwealth for entry of a pretrial diversion order.

CRITICAL

Appearing counsel may not withdraw while the matter is pending unless counsel moves to withdraw based on good cause and files the motion at least 60 days before trial.

Counsel, whether appointed or retained, who has appeared on behalf of a party, will not be permitted to withdraw while the matter is still pending unless a Motion for withdrawal is made based upon good cause, filed at least sixty (60) days prior to trial.

CRITICAL

If no objections are filed and the motioning attorney notifies the clerk, the report will be submitted to the presiding judge on the fourteenth day after notice was served.

If no objections are filed, the report will be submitted to the presiding Judge on the fourteenth (14) day after the notice of the report was served on the parties if the motioning attorney notifies the clerk.

CRITICAL

Deadline

5 business days

Absent good cause, a facsimile copy or original of each motion for Motion Day must be filed with the appropriate Clerk by close of business on the fifth preceding business day, for docketing purposes only.

Except for good cause shown, all Motions to be heard on Motion Day must have a facsimile copy or original filed with the Clerk of the Court wherein the matter is to be heard no later than close of business on the fifth business day preceding said Motion Day. (Grayson, the preceding Tuesday; Breckinridge, the preceding Wednesday; Meade, the preceding Thursday) This rule is not intended and does not modify the applicable procedural rules regarding Notice; instead, this rule is adopted solely for docketing purposes.

CRITICAL

Appearing counsel may not withdraw from a pending matter unless a motion based on good cause is filed at least 60 days before trial.

Counsel, whether appointed or retained, who has appeared on behalf of a party, will not be permitted to withdraw while the matter is still pending unless a Motion for withdrawal is made based upon good cause, filed at least sixty (60) days prior to trial.

CRITICAL

For the stated restriction on review of a pendente lite order to apply, written notice of the hearing must be filed at least five days before the hearing after civil summons has been served.

In pendente lite matters. if civil summons had been served and written notice of a pendente lite hearing filed at least five (5) days prior to the hearing, the pendente lite order may be reviewed only upon a showing of serious endangerment or a substantial change of circumstances occurring since the date of hearing.

CRITICAL

A Warning Order or Military Warning Order Attorney must file a motion for an additional fee with supporting affidavit before or at the same time as the report, or the attorney is deemed to accept the standard fee.

Failure of the Warning Order/Military Warning Order Attorney to file a Motion and supporting affidavit for additional fee prior to or contemporaneous with the filing of his/her report shall be deemed acceptance of the standard fee herein established.

CRITICAL

For an uncontested matter to be submitted orally before the Commissioner, the parties must submit the motion immediately after any statutory limitation expires.

If to be submitted orally before the Commissioner in uncontested matters, the parties shall submit a motion to submit the action before the Commissioner immediately upon the expiration of any statutory limitation.

CRITICAL

For an uncontested matter to be submitted orally before the commissioner, the parties must submit a motion immediately after the applicable statutory limitation expires.

If to be submitted orally before the commissioner in uncontested matters, the parties shall submit a motion to subrit the action before the commissioner immediately upon the expiration of any statutcry limitation.

CRITICAL

A Guardian ad Litem must file a motion for an additional fee with supporting affidavit before or at the same time as the report, or the Guardian ad Litem is deemed to accept the standard fee.

Failure of the Guardian ad Litem to file a Motion and supporting affidavit for additional fee prior to, or contemporaneous with the filing of his/her report shall be deemed acceptance of the standard fee herein established.

CRITICAL

Deadline

5 business days

Except for good cause, motions to be heard on Motion Day must be filed by close of business on the fifth business day before that day, with the stated county-specific preceding weekdays.

Except for good cause shown, all Motions to be heard on Motion Day must be filled with the Clerk of the Circuit wherein the matter is to be heard no later than close of business on the fifth business day preceding said Motion Day. (Grayson, the preceding Tuesday; Breckinridge, the preceding Wednesday; Meade, the preceding Thursday).

CRITICAL

Deadline

5 business days

Unless good cause is shown, a motion for Motion Day must be filed by facsimile or as an original with the appropriate Clerk by close of business on the fifth business day before that Motion Day.

Except for good cause shown, all Motions to be heard on Motion Day must have a facsimile copy or original filed with the Clerk of the Court wherein the matter is to be heard no later than the close of business on the fifth business day preceding said Motion Day. (Grayson, the preceding Tuesday; Breckinridge, the preceding Wednesday; Meade, the preceding Thursday).

CRITICAL

Unless good cause is shown, motions in limine and other motions that must be heard before trial must be noticed for hearing by the final pre-trial conference date.

Except for good cause shown, motions in limine and all other motions which are necessary to be heard prior to trial shall be noticed for hearing no later than the final pre-trial conference date.

CRITICAL

An agreed order modifying an existing order or condition must be noticed and docketed on the DRC docket before submission to the Judge.

Any Agreed Order modifying an existing order(s) or conditions therein shall be noticed and docketed on the DRC docket prior to submission to the Judge of the Court.

CRITICAL

An eligible person may apply for pretrial diversion no later than 45 days before the scheduled trial.

After indictment ic. circuit court, and no later than forty-five (45) days prior to the scheduled trial, a person eligible for the program may apply to the Circuit Court and the Common tealth for entry of a pretrial diversion order.

CRITICAL

Deadline

5 business days

Unless the Court orders otherwise, the Judge must immediately sign the recommended order and the Clerk must enter it by the close of the fifth business day after delivery.

Unless otherwise ordered, the recommended order shall be immediately signed by the Judge and entered by the Clerk on or before the close of the fifth business day after it has been so delivered.

CRITICAL

Deadline

7 working days

The commissioner must submit the report to the Court within seven working days thereafter.

The commissioner shall submit his/her report to the Court within seven (7) working days thereafter.

CRITICAL

Deadline

10 working days

The Commissioner must submit the report to the court within ten working days thereafter.

The Commissioner shall submit his/her report to the Court within ten (10) working days thereafter.

CRITICAL

In pendente lite matters, the DRC’s recommended order and case file must be delivered to the Judge within five days of the hearing.

In pendente lite matters, the DRC's recommended order and casc file shall be delivered to the Judge of the Cour within five (5) days of the hearing.

WARNING

At the Commissioner's discretion, parties may be required to file proposed findings, conclusions, and an order or judgment within 15 days after a pendente lite or final hearing; the Commissioner's report period begins at that time.

At the conclusion of any pendente lite or final hearing, the Domestic Relations Commissioner may require the parties to file Proposed Findings of Fact, Conclusions of Law and Order/Judgment within fifteen (15) days, at which time the period of time for the Commissioner to file a report, finding or recommendation under KRS 454.350(2) shall begin.

WARNING

Deadline

5 business days

When a civil summons has been served and written notice of a pendente lite hearing was filed at least five business days before the hearing, review of the order is limited to cases showing serious endangerment or a substantial change of circumstances since the hearing.

In pendente lite matters, if civil summons had been served and written notice of a pendente lite hearing filed at least five (5) business days prior to the hearing, the pendente lite order may be reviewed only upon a showing of serious endangerment or a substantial change of circumstances occurring since the date of hearing.

WARNING

Deadline

1 hours

Petitions must be reviewed within an hour after presentation to a Judge or Trial Commissioner, unless that review is impossible because no Judge or Trial Commissioner is available.

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.