Caldwell Circuit Court Filing Timing and Cure Windows

CRITICAL

Matters and motions presented to the clerk after noon on the preceding business day will not be added to the next day’s docket.

Practice in the District Courts shall follow these same local rules where the rules would ordinarily apply, with the exception that any matters or motions presented to the clerk after noon on the preceding business day will not be added to the next day’s docket.

CRITICAL

Faxed copies and accompanying documentation are entered upon receipt by the clerk.

In other words, they will be entered upon receipt.

CRITICAL

Deadline

7 calendar days

Motions must be filed by 4:00 p.m. at least seven calendar days before Rule Day; late motions are ordinarily docketed for the next month unless extraordinary circumstances and prior Court approval apply.

The Clerk in each county shall keep a motion docket in which there shall be docketed all motions filed with that Clerk, not later than 4:00 p.m. at least seven (7) calendar days before the scheduled Rule Day. (For example, a motion in Lyon County must be filed by 4:00 p.m. on the Monday immediately before the first Monday of the month, the regularly scheduled Rule Day.) Except in extraordinary circumstances and by prior approval of the Court, motions filed within seven (7) calendar days before a scheduled Rule Day shall be heard on the next month’s Rule Day and the Clerk shall place it on the next month’s Rule Day docket, and counsel will be so informed by the Clerk.

CRITICAL

Applies to

Motion to submit

For a default Motion to Submit, the Respondent must have been personally served more than 20 days before the motion, or the warning order attorney must have filed a report and more than 50 days must have elapsed since appointment.

(b) the Respondent was personally served more than twenty days before this Motion to Submit or, if served through a warning order attorney, the warning order attorney has filed his report and more than fifty days have elapsed since the appointment of the warning order attorney;

CRITICAL

A response to a motion must be filed with the Clerk at least two days before the scheduled hearing.

The response to any motion shall be in similar form and shall be filed with the Clerk at least two (2) days prior to the scheduled hearing date

CRITICAL

A post-judgment motion must follow the ten-day rule unless it is noticed for the next regular Rule Day after filing.

Any post-judgment motion shall be filed under the ten (10) day rule, LR 204(10), unless noticed for the next regular Rule Day after filing of the Motion.

CRITICAL

The AOC-239 Final Verified Disclosure Statement is due no later than five days before trial when property matters are disputed.

No later than five (5) days prior to the trial, the parties shall file an AOC-239, Final Verified Disclosure Statement, in the record if property matters are in dispute at that trial; or the parties may file an affidavit that there are no changes in circumstances since the completion of the AOC-238, Preliminary Verified Disclosure Statement, if filed.

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.

CRITICAL

If there are minor children, 60 days must have elapsed from the earliest listed service, appointment, or filing event.

H. If there are minor children, sixty (60) days have elapsed from the date of service of summons, the appointment of a Warning Order Attorney, or the filing of the entry of appearance or responsive pleading by Respondent, whichever occurred first (KRS 403.044).

CRITICAL

Immediately after a sale, the Master Commissioner must report to the Court; the Clerk must give notice, and the report lies over under CR 53.06.

Immediately following a sale, the Master Commissioner shall make his/her report to the Court which shall be noticed by the Clerk and shall lie over in accordance with CR 53.06.

CRITICAL

Petitioners must not be sent away or left waiting for extended periods.

Petitioners shall not be sent away or left waiting for extended periods of time.

CRITICAL

Deadline

1 hours

Petitions will 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

An objection to entry of the Status Quo Order must be filed within ten days of service of the Summons, Petition, and Motion.

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

CRITICAL

The judge decides a Motion to Submit without an oral hearing 10 days after filing unless an opposing party files an objection or requests an oral hearing.

This Motion to Submit is brought under LR 204(10) (CR 78(2)) and will be decided by the judge without any oral hearing ten (10) days after filing, unless an opposing party files an objection or a request for an oral hearing.

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

A CR 78(2) motion may be granted routinely ten days after filing if no objection is received or response filed.

The movant, in the Notice, Certificate of Service, or elsewhere in the motion, shall state that the motion is made under CR 78(2) and shall direct the opposing attorney's attention to the fact that under this local rule, the motion may be granted routinely by the Court ten (10) days after filing, unless an objection is received or a response filed.

WARNING

Uncontested matters may be submitted for the next regular Rule Day or under LR 204(10)'s 10-day rule.

Uncontested hearings for dissolution of marriage, annulments, or legal separations, may be submitted for the next regular Rule Day or under LR 204(10) (10-day rule) with either a Notice of Submission or Motion to Submit so that the circuit clerk will calendar the case and bring it to the Court’s attention (Form 1 in Appendix 2 of these rules or similar document).

WARNING

Time is computed under CR 6.01, with three additional days added when service is by mail under CR 6.05.

Time is computed pursuant to CR 6.01 with an additional 3 days added when service is by mail, pursuant to CR 6.05.