Butler Circuit Court Filing Timing and Cure Windows

CRITICAL

The court must review an order-of-protection petition immediately after it is filed.

The court shall review a petition for an order of protection immediately upon its filing.

CRITICAL

The Clerk must place a CR 78(2) motion on the next available motion day after ten days from filing to allow time for objections or requests for an evidentiary hearing.

The notice of any motion filed under this rule shall state the following: "This motion is filed pursuant to CR 78(2). In order to expedite the business of the court, the movant does not request an oral hearing on this motion. This motion has been served upon all parties, including the client. In order to allow time for written objections or requests for an evidentiary hearing to be filed in this matter, the Clerk shall place this motion on the next available motion day after ten (10) days from the date of filing. Should no written objections be filed at that time, the Court may enter the attached tendered order."

CRITICAL

The court must review a petition for an order of protection immediately after it is filed.

(e) The court shall review a petition for an order of protection immediately upon its filing.

INFO

Default motions may be brought before the Court at any time, subject to the Court's convenience and discretion.

(5) Motions by default may be brought before the Court at any time at the convenience and discretion of the Court.

INFO

The circuit clerk must docket the motion for consideration on the next regular motion day occurring after 10 days from filing.

(3) The circuit clerk shall docket the motion for the Court's consideration on the next regular motion day occurring after 10 days from the date of filing of the motion.

CRITICAL

No motion may be filed or heard after the pretrial conference without good cause shown.

No motions shall be filed or heard subsequent to the Pretrial without good cause shown.

CRITICAL

If no action is taken after notice, an order of dismissal is to be entered 30 days after service of the notice to dismiss.

If notice is given and the attorneys or partics fail to take any action pursuant thereto, an order of dismissal shall be entered as a matter of course at the expiration of thirty (30) days from service of notice to dismiss.

CRITICAL

Deadline

3 business days

Motions must be filed and received by the Clerk, and served, by close of business on the third business day before motion day; weekends do not count, and noncompliant motions are omitted from the docket.

(3) To facilitate the preparation of motion day dockets, all motions shall be filed, served and received in the Clerk's Office by the close of business on the third business day prior to motion day. The Circuit Clerk of each county is hereby ordered to omit from the docket all motions that are not filed in accordance with this rule. (Saturday and Sunday are not considered business days for purposes of this rule.)

CRITICAL

A party objecting to dismissal must file the written objection before the scheduled dismissal date.

A party objecting to dismissal shall file a written objection to the dismissal prior to the scheduled date of dismissal and shall appear to argue the objection to the dismissal.

CRITICAL

Discovery must be completed by the date set in the order; later discovery is barred unless allowed on motion for good cause shown.

Discovery shall be completed on or before No additional discovery will be permitted thereafter except upon motion for good cause shown.

CRITICAL

Dispositive motions must be filed and heard no later than the pretrial conference date.

All dispositive motions shall be filed and heard on or before Pretrial Conference date.

CRITICAL

Witness names and expert designations must be exchanged by the dates set in the order; undisclosed witnesses may not testify unless permitted on motion for good cause shown.

Names of all witnesses shall be exchanged no later than A. Plaintiff's expert(s) shall be named by B. Defendant's experts) shall be named by . Witnesses who are not disclosed shall not be permitted to testify except upon motion for good cause shown.

CRITICAL

Deadline

5 business days

Except for good cause shown, motions must be filed with the circuit clerk at least five business days before the hearing.

Except for good cause shown, a motion shall be filed with the circuit clerk and served upon each party, except those in default for failure to appear, no less than five business days prior to the date the motion is scheduled to be heard.

CRITICAL

Non-dispositive motions must be filed by the date set in the order.

All non-dispositive motions shall be filed on or before

CRITICAL

Deadline

24 hours

Counsel must review trial depositions for objections before trial, and objections must reach the Court at least 24 hours before the scheduled pretrial conference or they are waived.

Prior to trial, all depositions to be used at Trial are to be reviewed by counsel for objections. Objections not received by the Court at least 24 hours prior to the scheduled Pretrial shall be deemed waived.

CRITICALCriminal cases

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

After indictment in circuit court, and no later than three (3) 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 party wishing to object, request an oral hearing, or otherwise respond must file its response within 10 days after the motion is filed.

Any party wishing to object to the motion, request an oral hearing, or otherwise respond to the motion shall file said response within 10 days from the date of filing of the motion.

CRITICAL

Deadline

5 business days

The prevailing party must tender the corrected order within five business days after the Court's ruling.

(1) When a court ruling has been made in any case where the tendered order does not accurately reflect the Court's ruling, the prevailing party shall prepare the proper order and tender to the Court personally or by U.S. mail or e-mail within five (5) business days.

WARNING

The Court may dismiss a civil action for want of prosecution after it has remained on the docket for one year without steps indicating an intent to prosecute.

When any civil action has remained on the docket for one (1) year without any steps being taken indicating an intention to prosccute said action, the Court on its own Motion or on the Motion of either party may dismiss the action for want of prosecution at the cost of the Plaintiff.

WARNING

Orders without a “Have Seen” are held by the Court for three days after receipt to allow opposing counsel to object before signing and entry.

(2) In instances covered by Paragraph (1) above, the order may contain a "Have Seen and the signatures of other attorneys of record and, if the order meets with the Court's approval, shall be signed without delay. Orders not containing a "Have Seen" shall contain a certificate of service showing that all attorneys of record have been served with a copy and such orders will be held by the Court for three (3) days after receipt thercof to allow opposing counsel to make their objections to the order before signing and entry.