Calloway Circuit Court 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.

CRITICALCivil cases

Applies to

Motion

Motions for a Wednesday motion hour must be filed with the appropriate clerk by close of business the preceding Wednesday, unless the Family Court Judge approves otherwise.

Motions to be heard on the Wednesday motion hour docket shall be filed in the appropriate Circuit Court Clerk's office by the close of business on the Wednesday of the week prior to the intended motion hour docketunless otherwise approved by the Family Court Judge

CRITICALCivil cases

Applies to

Motion

If the case is not already on the docket, a motion filed after the deadline will be rejected and returned so it can be re-noticed for a compliant date.

Any motions filed after the filing deadline where the case is not already on the docket will be rejected by the Clerk and returned to the filer by the appropriate Circuit Court Clerk's office so the parties can re-notice it to be heard at a date that satisfies the previous paragraph.

CRITICAL

If an unserved domestic violence case is transferred before a protective order is entered, the initiating court must reissue the summons for no more than 14 days, or for a period the court determines necessary to protect the petitioner.

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 a 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.

WARNINGCivil cases

Applies to

Motion

If a case is added to the motion hour docket due to a motion that is timely filed pursuant to the previous paragraph, subsequent motions filed after the deadline shall be accepted as filed and may be heard along with the timely filed motion.

If a case is added to the motion hour docket due to a motion that is timely filed pursuant to the previous paragraph, subsequent motions filed after the deadline shall be accepted as filed and may be heard along with the timely filed motion.

WARNINGCivil cases

All other persons may file dependency, neglect, or abuse petitions during the Clerk's normal working hours, 8:00 a.m. to 4:30 p.m. Monday through Friday.

All other persons may file their Petition for Dependency, Neglect or Abuse during normal working hours (8:00 a.m. - 4:30 p.m.) Monday through Friday.

CRITICALCriminal cases

Applies to

Pretrial diversion petition

An eligible person may petition for a pretrial diversion order with notice to the Commonwealth's Attorney at least seven days before sentencing.

An eligible person may petition the circuit court, with notice to the Commonwealth's Attorney, for the entry of a pretrial diversion order not less than seven (7) days before sentencing .

CRITICAL

Deadline

5 working days

Motions for the Wednesday motion docket must be filed at least five working days in advance unless the Family Court Judge allows otherwise.

All motions to be heard on the Wednesday motion docket shall be filed at least five (5) working days prior to the Wednesday motion docket, unless otherwise allowed by the Family Court Judge.

CRITICAL

No additional evidence may be placed in the Commonwealth file within 30 days of trial.

No additional evidence shall be placed in the Commonwealth file within thirty (30) days of the trial date.

CRITICAL

An affected party must file a motion to reconsider a dismissal order within 30 days after its entry.

(B) In the event an Order of Dismissal is so entered, the Court shall reconsider its order, providing any affected party shall, within thirty (30) days from the entry of said Order of Dismissal, file a motion to reconsider said Order with the Clerk.

CRITICALCivil cases

Applies to

Motion

If the Court closes for an unforeseen reason, the filing party must re-notice the motion for a regularly scheduled motion hour.

If the court is closed for any unforeseen reason, e.g., inclement weather, the motion must be re-noticed by the party filing the motion to be heard on a regular scheduled motion hour.

CRITICAL

Third-party tax lien claimants must file an itemized statement within five days after the Report of Sale is filed; failure to do so waives their claim for payment and lien on the property.

Within five (5) days after the Master Commissioner files his Report of Sale, all third party tax lien claimants shall file an itemized statement of amount due as of the date of sale for each tax lien including without limitation the taxing authority, tax year, tax bill number, PVA parcel number(s), address stated on the tax bill, date of purchase, purchase price, interest, administrative fee, attorney fees, litigation expenses and costs: If a third-party tax lien claimant fails to timely file a Statement of Amount Due, the claimant shall be deemed to have waived any claim for payment and lien on the property.

CRITICALCivil cases

Applies to

Motion

Motions in Dependency, Neglect and Abuse actions must be set on the county's designated docket, filed seven days before its next session, and not filed on the Wednesday motion-hour docket.

Any motions filed in a Dependency, Neglect and Abuse action must be set on the Dependency, Neglect and Abuse docket (Mondays for Calloway County and Fridays for Marshall County). The motion must be filed seven (7) days prior to the next scheduled Dependency, Neglect and Abuse docket (Mondays for Calloway County and Fridays for Marshall County) and are not to be filed on the Wednesday motion hour docket.

CRITICAL

A purchaser seeking payment of prior-year taxes or assessments from sale proceeds must claim them in writing and file the claim of record before confirmation.

All taxes or assessments on the property for all prior years shall be paid from the sale proceeds if properly claimed in writing and filed of record by the " purchaser prior to confirmation.

CRITICALCivil cases

The initiating agency must deliver the original petition and a copy of any Emergency Protective Order or Temporary Interpersonal Protective Order issued during non-office hours to the appropriate clerk's office at the beginning of the next regular office day.

The original petition and a copy of the Emergency Protective Orders/Temporary Interpersonal Protective Orders issued during non-office hours shall be delivered to the appropriate clerk's office at the beginning of the next regular office day by the agency where the petition was initiated to be processed.

CRITICAL

Dependency, neglect, and abuse petitions filed during normal working hours must be filed with the Clerk at least 30 minutes before closing, Monday through Friday excluding holidays.

During normal working hours (8:00 a.m. - 4:30 p.m.), Monday through Friday, excluding holidays, persons filing a Petition for Dependency, Neglect and Abuse shall file said Petition with the Clerk of the Court no later than thirty minutes prior to the closing hours.

CRITICALCivil cases

Applies to

Motion

A motion may not be noticed for hearing on a state holiday.

No motion shall be noticed to be heard on a state holiday.

CRITICALCriminal cases

An eligible person may petition for pretrial diversion with notice to the Commonwealth's Attorney at least seven days before sentencing.

An eligible person may petition the circuit court, with notice to the Commonwealth's Attorney, for the entry of a pretrial diversion order not less than seven (7) days before sentencing .

CRITICAL

Motions other than those permitted to be heard ex parte must be filed at least eight days before the hearing, subject to waiver or modification by the Court for good cause or in the interests of justice.

The following shall apply to all motion in civil or criminal matters, except those which are permitted by the Civil Rules or Statute to be heard ex parte. Motions shall be filed with the Clerk and served at least eight (8) days prior to the time fixed for the hearing. These time limits may be waived or modified by the Court upor a showing of good cause or in the interests of justice.

CRITICALCivil cases

Cabinet for Health and Family Services employees and attorneys must file dependency, neglect, or abuse petitions at least thirty minutes before the Clerk's office closes on a non-holiday weekday.

During normal working hours (8:00 a.m. - 4:30 p.m.) Monday through Friday, excluding holidays, Cabinet for Health and Family Services employees and/or attorneys filing a Petition for Dependency, Neglect or Abuse shall file said Petition with the Clerk of the Court no later than thirty minutes prior to the closing of the Clerk's office..

CRITICALCriminal cases

Applies to

Pretrial diversion petition

The Commonwealth's Attorney may petition the circuit court, with notice to the Commonwealth's Attorney, for the entry of a pretrial diversion order not less than seven (7) days before sentencing .

The Commonwealth's Attorney may petition the circuit court, with notice to the Commonwealth's Attorney, for the entry of a pretrial diversion order not less than seven (7) days before sentencing .

CRITICAL

Any response must be filed at least three days before the hearing, subject to waiver or modification by the Court for good cause or in the interests of justice.

The following shall apply to all motion in civil or criminal matters, except those which are permitted by the Civil Rules or Statute to be heard ex parte. Responses, if any, shall be filed and served at least three (3) days prior to the time fixed for the hearing. These time limits may be waived or modified by the Court upor a showing of good cause or in the interests of justice.

CRITICALCivil cases

Applies to

Motion

Motions in Domestic Violence or Interpersonal Protective Order actions must be set on the county's designated docket, filed seven days before its next session, and not filed on the Wednesday motion-hour docket.

Any motions filed in a Domestic Violence/Interpersonal Protective Order action must be set on the Domestic Violence docket (Tuesdays for Marshall County and Thursdays for Calloway County). The motion must be filed seven (7) days prior to the next scheduled Domestic Violence docket (Tuesdays for Marshal County and Thursdays for Calloway County) and are not to be filed on the Wednesday motion hour docket.

CRITICAL

The agency where a petition was initiated must deliver copies of all petitions and Emergency Protective Orders issued during non-office hours to the appropriate clerk's office at the beginning of the next regular office day.

A copy of all petitions and Emergency Protective Orders issued during non-office hours shall be delivered to the appropriate clerk's office at the beginning of the next regular office day by the agency where the petition was initiated to be processed.

CRITICAL

Deadline

3 business days

The Master Commissioner must file the Report of Sale no later than three business days after the sale.

The Master Commissioner shall file a Report of Sale no later than three business days after date of sale.

CRITICAL

Deadline

5 working days

A facsimile pleading or order is not considered filed of record unless the original is tendered within five working days of transmission.

No facsimile pleading or order shall be considered filed of record without an original being tendered within five working days of the facsimile transmission.

CRITICAL

Trial briefs must be filed as directed by the Court’s pretrial orders, and untimely filing may result in sanctions.

Trial Briefs shall be filed in accordance with the Court pretrial orders. Failure to timely file a trial brief may subject counsel to appropriate sanctions by the Court.

CRITICAL

Petitions for Dependency, Neglect and Abuse received after normal business hours must be filed with the Clerk by noon on the next business day.

All Petitions for Dependency, Neglect and Abuse received after normal business hours shall be filed with the Clerk of the court by noon on the next business day in compliance with FCRPP 20.

CRITICALCivil cases

Applies to

Response

Any response to a motion must be filed at least two days before the motion-hour date.

Responses to motions, if any, shall be filed and served at least two (2) days prior to the motion hour date.

CRITICAL

Answer to Interrogatories and Requests for Admissions must be returned within thirty (30) days after service of the Interrogatories for forty-five (45) days after service of Summons of the Defendant.

Answer to Interrogatories and Requests for Admissions must be returned within thirty (30) days after service of the Interrogatories for forty-five (45) days after service of Summons of the Defendant.

CRITICAL

The required joint statement must be submitted within ten days after mediation terminates.

If some, but not all, of the issues in the case are settled during mediation or if agreements are reached to limit discovery or on any other matter, the parties shall submit a joint statement to the Court enumerating the issues that have been resolved and the issues that remain for trial. This statement shall be submitted within ten (10) days of the termination of mediation.

CRITICALCriminal cases

The Commonwealth's Attorney may petition the circuit court, with notice to the Commonwealth's Attorney, for the entry of a pretrial diversion order not less than seven (7) days before sentencing .

The Commonwealth's Attorney may petition the circuit court, with notice to the Commonwealth's Attorney, for the entry of a pretrial diversion order not less than seven (7) days before sentencing .

CRITICAL

Deadline

1 hours

Petitions should be reviewed within an hour of presentation to a judge, unless a judge is unavailable.

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

CRITICAL

If no objections to the Report of Sale have been filed, the Master Commissioner must file a motion to confirm sale ten days after the report is filed; the motion is ruled on at the Court's convenience without a hearing.

Ten (10) days after filing the Report'of Sale, if no objections have been filed thereto, the Master Commissioner shall file a motion to confirm sale to be ruled on at the convenience of the Court without a hearing, and shall tender a proposed order confirming sale.

WARNING

The Court will consider when it received a motion when ruling on a request for late filing.

The time of receipt of the motion shall be considered by the Court in riling on requests for late filing.

WARNINGCivil cases

After the applicable statutory or civil-rule time requirements expire and all FCRPP and local-rule requirements are complete, either or both parties may move for a decree or final order without a hearing.

Upon the expiration of the time requirements set forth by the applicable statute or civil rule, and upon completion of all requirements of the Kentucky FCRPP and these Local Rules, either or both parties may move for the entry of a decree or final order without a hearing.

WARNINGCivil cases

Deadline

1 hours

The court must review a protective-order petition immediately upon filing, must not leave petitioners waiting for extended periods, and should review the petition within an hour of presentation to a judge or trial commissioner unless none is available.

F. The court shall review a petition for a protective order immediately upon its filing. KRS 403.730, KRS 456.040. Petitioners shall not be sent away or left waiting for extended periods of time. 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.

WARNINGCivil cases

Deadline

10 calendar days

The Court may routinely grant the motion without a hearing ten calendar days after filing if no response or objection is filed.

This motion may be routinely granted by the Court ten (10) calendar days from the date of filing, without a hearing on the motion, unless a response or objection is filed.

WARNING

A CR 78(2) motion may be routinely granted ten days after filing unless a response is filed.

the motion maybe granted routinely by the Court ten days afer filing unless a response is filed.

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.