Campbell Circuit Court Filing Timing and Cure Windows

CRITICAL

Motions noticed for a regular Friday Motion Docket must be filed and received by the Circuit Clerk no later than noon on the preceding Tuesday.

All motions noticed to be heard at the call of any regular Motion Docket shall be filed and received in the Circuit Clerk's office not later than 12:00 noon on the next preceding Tuesday for call on the succeeding Friday Motion Docket.

CRITICALCriminal cases

Copies of the listed documents must be filed when they are used.

Upon utilization of any of the following documents, a copy of such documents) shall be filed by the Mental Health Court staff with the appropriate court clerk for entry into the court record of the underlying criminal offense: (a) Order referring to Mental Health Court; (b) Notice of Eligibility; (c) Order transferring to Mental Health Court; (d) Affidavit of violations; and, (e) Orders of Termination, graduation, or administrative discharge.

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

Motions for a regular Monday Motion Docket must be filed and received by the Circuit Clerk by noon on the preceding Wednesday.

All motions noticed to be heard at the call of any regular Motion Docket shall be filed and received in the Circuit Clerk's office not later than 12:00 noon on the next preceding Wednesday for call on the succeeding Monday Motion Docket.

CRITICAL

Motions noticed for a regular Motion Docket in Boone or Gallatin must be filed and received by noon on the preceding Thursday.

All motions noticed to be heard at the call of any regular Motion Docket shall be filed and received in the Circuit Clerk's Office not later than 12:00 noon on the next preceding Thursday for call on the succeeding Tuesday Motion Docket for Boone and the succeeding Monday Motion Docket for Gallatin.

CRITICAL

The court must review a protective-order petition immediately upon filing.

F. The court shall review a petition for a protective order immediately upon its filing. KRS 403.730, KRS 456.040.

WARNING

Petitions should be reviewed within an hour of presentation to a judge or trial commissioner, unless none 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

Domestic violence petitions should be filed with the District Court Clerk at the stated address from 8:00 a.m. to 4:00 p.m. Monday through Friday, or after hours with any Campbell County police agency.

Domestic Violence Petitions should be filed with the District Court Clerk at 330 York Street, First Floor, Newport, between the hours of 8:00 a.m. and 4:00 p.m. Monday through Friday, or after hours with any Campbell County police agency.

WARNING

The Clerk must review all pending actions on the docket at least once a year.

At least once a year, the Clerk shall review all pending actions on the docket.

CRITICAL

A fee application may not be submitted until the statutory maximum fee has been earned or after disposition, whichever occurs first.

Applications for a fee shall not be submitted until the maximum fee as authorized by state law has been earned or until after disposition, whichever occurs first.

CRITICAL

Kenton Circuit Court motions must be filed no later than seven days before the hearing, and a courtesy copy must be delivered to the Court.

All motions must be filed in the Clerk's office no later than seven (7) days immediately preceding the day on which the matter is to be heard and a courtesy copy delivered to the Court.

CRITICAL

Any party may file exceptions with the Clerk of Courts from the decision of the Board of Arbitration within thirty (30) days from the filing of the report and award for either or both of the following reasons and for no other:

Any party may file exceptions with the Clerk of Courts from the decision of the Board of Arbitration within thirty (30) days from the filing of the report and award for either or both of the following reasons and for no other:

CRITICAL

A response to the petition must be filed within 20 days after service of the petition and financial disclosure affidavit.

A response to the petition shall be filed within twenty (20) days after service of the petition and financial disclosure affidavit.

CRITICAL

In Boone and Campbell Counties, the Petition must be filed with the clerk at least one day before the appointment.

[Boone and Campbell Counties - the Petition must be filed with the clerk's office at least one day prior to the appointment date.]

CRITICAL

The Court will enter the order after five days, excluding Saturdays, Sundays, and legal holidays, unless the refusing counsel files written exceptions and sets them for hearing at the earliest practicable time.

The Court shall enter the order after the expiration of five (5) (Saturday, Sunday and legal holidays excluded) days from the time it was filed, unless counsel who refused to make the endorsement shall have filed written exceptions to it and set such exceptions for hearing before the Court at the earliest practicable time.

CRITICAL

Motions must be filed with the clerk and a copy served on the Domestic Commissioner by the Friday before the Wednesday hearing.

All motions must be filed in clerk's office, with a copy served on the Domestic Commissioner, no later than the Friday immediately preceding the Wednesday on which the matter is to be heard

CRITICAL

If the parties have minor children, the judge cannot sign the decree until 60 days from service or entry of appearance.

Also check the service or entry of appearance - judge cannot sign until 60 days from service or EOA if the parties have minor children.

CRITICAL

Motions for summary judgment must be made at least ten days before the pretrial conference.

C. Motions for summary judgment must be made ten (10) days prior to the pretrial conference.

CRITICAL

For a case with no pretrial step in the preceding year, the Clerk must give written notice that it will be dismissed without prejudice in 30 days unless good cause is shown by affidavit.

The Clerk shall cause a written Notice to be given to each attorney of record, or litigant if pro set, of every case in which no pre-trial step has been taken within the last year, that the case will be dismissed without prejudice in thirty (30) days for want of prosecution except for good cause shown by affidavit.

CRITICAL

A seven (7) day notice of the hearing date of a motion is required.

A seven (7) day notice of the hearing date of a motion is required.

CRITICAL

A motion raising an exception to an arbitrator must be filed within 5 days after notice of assignment is mailed.

2. Exceptions to an arbitrator shall be raised by motion filed within five (5) days of the mailing of notice of assignment and shall be heard by the Court.

CRITICAL

The exhibit list must be tendered at trial commencement or at the pre-trial immediately preceding trial.

D. List of Exhibits. At the commencement of a civil trial, or at the pre-trial next preceding the commencement of a civil trial, each party's counsel shall tender to the Court and to opposing counsel, a list of all exhibits the party then intends to utilize at trial; the list shall contain the pre-marked number and a short description of the exhibit.

CRITICAL

The certificate of compliance with Rule 93 is due upon completion of discovery.

A certificate of compliance with Rule 93 shall be filed by each party upon the completion of discovery.

CRITICAL

The Chairperson must file the award with the Circuit Clerk and Bar Association within 15 days after the hearing and send copies to all parties or counsel on the filing day.

Within fifteen (15) days after the hearing, the Chairperson of the Board of Arbitration shall file its award with the Circuit Clerk and the Bar Association and on the same day shall mail or otherwise forward copies thereof to all parties or their counsel.

CRITICAL

If reasonably anticipated, the relevant portion of an otherwise unfiled document must be filed with the Clerk at trial commencement, with the motion, or at the time of appeal, depending on its use.

If a document not filed pursuant to CR 5.06 is to be used at trial, or is necessary to a pre-trial or post-trial motion, or is necessary for appeal purposes, the portion of the document to be used shall be filed with the Clerk at the commencement of the trial, or at the time of filing the motion, or at the time of the appeal, if the document's use can be reasonably anticipated.

CRITICAL

An original Request for Admission may not be filed under this provision until any additional CR 6.05 response time has expired.

No original Requests for Admission shall be filed pursuant to this provision unless the original Requests for Admission contain an appropriate proof of service bearing the precise date and manner of service upon the party requested to admit and any additional time provided under the CR 6.05 for responding thereto, has expired.

CRITICAL

An appeal’s required conditions, including filing a notice of appeal with an affidavit, must be completed within 30 days after the award is entered on the Clerk’s docket.

The right of appeal shall be subject to the following conditions, all of which shall be complied with within thirty (30) days after the entry of the award of the Board on the docket in the office of the Clerk of Courts: The appellant shall file with the Clerk a notice of appeal accompanied by an Affidavit within thirty (30) days that the appeal is not being taken for delay.

CRITICAL

In non-jury cases, trial briefs must be filed no later than 5 days before trial, excluding Saturdays, Sundays, and legal holidays.

B. In all non-jury cases, each party to the action shall file with the Court, no later than five (5) days prior to trial (Saturday, Sunday and legal holidays excluded), a trial brief.

CRITICAL

A written objection to an arbitration referral order must be filed within 10 days of the referral order’s filing.

No party has filed written objection to an order referring a case to arbitration within ten (10) days of the filing of the referral order.

CRITICAL

An initial Petition and docketing of the case for the appointment of a personal representative, probate of a Will or similar initial proceeding shall be filed with the Probate Division of the District Clerk's office on the date of the hearing and all required fees shall be paid.

An initial Petition and docketing of the case for the appointment of a personal representative, probate of a Will or similar initial proceeding shall be filed with the Probate Division of the District Clerk's office on the date of the hearing and all required fees shall be paid.

CRITICAL

A temporary child support motion may be scheduled for hearing or decided under KRS 403.160(5)(b) within 14 days of filing.

This motion may be scheduled for hearing, or pursuant to KRS 403.160(5)(b) decided by the Court within 14 days of filing.

CRITICAL

Motions must be filed in the Clerk's office by the Monday immediately before the Friday hearing.

All motions must be filed in Clerk's office no later than the Monday immediately preceding the Friday on which the matter is to be heard.

CRITICAL

The response must be filed within 20 days after service of the petition and financial disclosure affidavit.

A Response to the Petition shall be filed within twenty (20) days after service of the Petition and Financial Disclosure Affidavit.

CRITICAL

Deadline

1 hours

A petition must be reviewed within one hour after presentation to a judge or trial commissioner, unless their unavailability makes that impossible.

D. 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

Applies to

Motion

Motions must be filed at least seven days before the court date, except ex-parte emergency motions.

All motions shall be filed at least (7) days in advance of the court date. Ex-parte emergency motions are exempt from this rule.

CRITICAL

Counsel must receive at least 10 days’ notice of a pre-trial conference.

On motion of any party, or on the Court's motion, a pre-trial may be held in any civil action. Counsel shall be given a minimum often (10) days notice of a pre-trial conference.

CRITICAL

Deadline

48 hours

A party who no longer wants a requested jury must notify the Court at least 48 hours before the case is called; otherwise, jury costs will be imposed on that party.

When a party who requested a jury no longer desires one, the party shall notify the Court not later than forty-eight (48) hours before the case shall be called. Failure to do so shall result in the imposition of jury costs on the requesting party.

CRITICAL

Applies to

Settlement

A settlement must be filed with the probate clerk at least seven days before its confirmation date.

To be confirmed, a settlement must be filed with the probate clerk at least seven (7) days prior to the confirmation date, to permit the clerk to properly advertise the settlement, if applicable.

CRITICAL

Objections to a recommended order may be filed within 10 days after entry of the order.

Objections to the recommended order may be filed within ten (10) days after the order is entered.

CRITICAL

Each party must file mediation-related motions, stipulations, and agreements at least 7 days before the case management conference.

At least seven (7) days prior to the conference, each party shall file any related motions, stipulations, or agreements reached as a result of the mediation.

CRITICAL

A party opposing an extension motion must respond within five days after service and state why the extension should not be granted.

The party opposing the motion shall respond within five (5) days of service of the motion, setting forth the reasons why the requested extension should not be granted

CRITICAL

In an action not dismissed, pre-trial steps must be taken within 30 days or the action will be automatically dismissed.

B. In each action which is not dismissed, pre-trial steps shall be taken within thirty (30) days or the action will be automatically dismissed and the Court may make such orders as will facilitate the prompt disposition of the action on the calendar for trial or hearing. CR 77.02(2).

CRITICAL

Applies to

Inventory

A personal representative must file two copies of the inventory with the Probate clerk within two months after qualifying.

A personal representative shall file an inventory in duplicate with the Probate clerk within two (2) months from the time of qualifying as said personal representative.

CRITICAL

After court-ordered mediation fails to resolve all issues, the parties must contact the Court within 10 days to schedule a case management conference.

If the parties are ordered by the Court to attend mediation, but are unable to resolve all issues through mediation, they shall contact the Court within ten (10) days to schedule a case management conference.

CRITICAL

The Affidavit of Indigency is due within seven days from entry of the order, or as soon thereafter as reasonably possible.

Said appointment for parents and/or custodian is contingent upon the party's submission of an Affidavit of Indigency with this Court within seven (7) days from the date the Order is entered or as soon thereafter is reasonably possible.

CRITICAL

A party objecting to an appraisal must file written objections and arrange a hearing with the Court before the sale date.

C. Before the sale of land, the Master shall have it appraised pursuant to KRS 426.200(3). Any party to a suit objecting to an appraisal shall file written objections thereto and shall arrange with the Court to have a hearing thereon prior to the date of sale.

CRITICAL

In jury cases, trial briefs and desired jury instructions must be filed no later than 10 days before trial, excluding Saturdays, Sundays, and legal holidays.

A. In all jury cases, each party to the action shall file with the Court, no later than ten (10) days prior to trial( Saturday, Sunday and legal holidays excluded), a trial brief and desired jury instructions.

CRITICAL

A motion raising an exception to an order placing a case on the arbitration list must be filed within 10 days after notice of the order is mailed.

Exceptions to an order placing a case on the arbitration list shall be raised by a motion filed within ten (10) days of the mailing of notice of such order, and shall be heard by the Court.

CRITICAL

Opposing counsel has 10 days to object to an order or judgment only for lack of conformity with the Court’s ruling; if no objection is filed, the Court will enter it.

Opposing counsel has ten (10) days within which to file an objection only on the basis that the order or judgment is not in conformity with the ruling of the Court. If no objection is filed within said time the Court will enter the order or juagment.

WARNING

Times provided in the arbitration procedures are computed from the date the Circuit Clerk enters the order.

All times provided herein shall be computed from the date the order is entered by the Circuit Clerk.