Christian Circuit Court Filing Timing and Cure Windows

CRITICAL

Civil domestic violence and interpersonal violence cases must be set for a Tuesday morning hearing within 14 days of petition issuance, at 9:00 AM at the specified court location.

All Civil Domestic Violence and Interpersonal Violence cases shall be set for any Tuesday morning (within fourteen (14) days of the issuance of the petition) at 9:00 AM in the Christian Circuit Court, Family Court Division, 100 Justice Way, 2"° Floor, Hopkinsville, Kentucky 42240.

CRITICAL

Motions requiring a hearing must be noticed for a specific hearing date or filed under CR 78(2)/Local Rule 5.

A. All motions that require a hearing shall be noticed for a specific hearing date or filed in accordance with CR 78(2)/Local Rule 5.

CRITICAL

If the Clerk's Office is closed on the seven-day-before-hearing filing date, the motion is due by 4:30 p.m. on the first day the office reopens.

If the Christian Circuit Clerk's Office is closed on the date which is seven (7) days in advance of the hearing, then the Motion shall be filed by 4:30PM on the first day which the Circuit Clerk's Office reopens.

CRITICAL

A criminal complaint for violation of a protective order is available 24 hours a day, seven days a week through the Emergency Operations Center and on-call County Attorney, or during business hours at the County Attorney's Office.

A Criminal Complaint for Criminal Violation of an EPO/EIPO/DVO/IPO is available twenty-four hours a day and seven days a week by the victim contacting the Hopkinsville-Christian County Emergency Operations Center (i.e. "911") and the on-call Christian County Attorney completing the necessary paperwork for signature by the on- call Judge or during business hours going to the Christian County Attorney's Office.

CRITICAL

Original petition and protective-order documents must be delivered to the Circuit Clerk's office as soon as possible the next business day.

The original documents, including the petition and Emergency Protective Order (EPO) or Emergency Interpersonal Protective Order (IEPO), shall be delivered to the Circuit Clerk's office as soon as possible the next business day.

CRITICAL

Requests for a Forthwith Order of Arrest or Show Cause Motion may be filed with the Circuit Clerk during office hours or with the Emergency Operations Center or Sanctuary, Inc. after hours, using the initial-petition presentation procedure.

A request for a Forthwith Order of Arrest or a Show Cause Motion can be filed with the Christian Circuit Clerk's Office during office hours. A request for a Forthwith Order of Arrest or a Show Cause Motion can be filed with the Hopkinsville-Christian County Emergency Operations Center or Sanctuary, Inc. after office hours. The procedure to present to a Judge shall be the same as filing the initial petition above.

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

Covered motions must be filed and clocked with the Clerk by 4:30 p.m. at least seven days before the hearing; late motions may be denied or continued, subject to the stated exceptions.

All motions pursuant to CFRP 201, except emergency or ex-parte motions or motions with other timeframes under the FCRPP or appropriate statute, shall be filed and clocked with the Christian Circuit Clerk's Office no later than 4:30 p.m. at least seven (7) days in advance of the hearing. Except for good cause shown, permitted by FCRPP or statute, waiver of notice requirement, all motions filed less than seven (7) days in advance may be denied as procedurally deficient or continued to a date more than seven (7) days after the filing of the motion.

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

Deadline

3 business days

Covered non-emergency motions must be filed, clocked, and noticed by 4:30 p.m. three business days before the docket; late motions are passed to the next motion hour unless the parties or Court waive the timeframes.

All non-emergency Paternity, Dependency, Neglect and Abuse, Domestic Violence, and Child Support (when the Christian County Child Support Division is involved) motions shall be filed, clocked and noticed no later than 4:30 p.m. three business days preceding the appropriate docket. All motions filed after the deadline shall be passed to the docket's next scheduled motion hour unless time frames are waived by the parties or the Court.

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

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

EPO intake ends at 4 p.m. Monday through Friday.

Please note: EPO intake ends at 4 p.m. Monday - Friday (due to the amount of time it takes to complete EPO intake).

INFO

The covered actions may be filed any day and at any hour, including holidays and days the Judicial Center is closed.

These actions can be filed seven (7) days a week and twenty- four (24) hours a day even on holidays and days when the Christian County Judicial Center is closed.

CRITICAL

The tendered order for a CR 78(2) motion must be filed at least thirteen days after the motion is filed.

The party making any Motion under CR 78(2) shall file an appropriate tendered order of relief with the Court, at minimum, thirteen (13) days after filing of the CR 78(2) Motion.

CRITICAL

The filing time frames for a notice of appeal or motion to reconsider run from entry of the original order with the Christian Circuit Clerk.

The time frames for filing Notice of Appeals or any Motions to Reconsider shall be from the date of the entry of the original order with the Christian Circuit Clerk.

CRITICALCriminal cases

An eligible person may petition for pre-trial diversion within 60 days from arraignment.

An eligible person may petition the circuit court with notice to the Commonwealth's Attorney, for the entry of a pre-trial diversion within sixty (60) days from arraignment .

CRITICAL

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

The movant shall give notice that the motion is made under CR 78(2) and shall direct the attention of the opposing attorney (or party if there is no attorney) to the fact that under this local rule, the motion may be granted routinely by the Court ten (10) days after filing, unless a response is filed.

CRITICAL

For the specified motions, a written objection and request for hearing must be filed within ten days of the date in the Certificate of Service; otherwise, the motions stand submitted and are not placed on the regular docket.

A. Motions for wage assignments pursuant to KRS 403.215 and KRS 405.465, appointment of Guardian ad Litem, for Guardian ad Litem fees, and to compel discovery shall not be placed on the regular docket but shall stand submitted to the Court unless a written objection and request for hearing is filed within ten (10) days of the date contained in the Certificate of Service.

CRITICAL

A party or attorney seeking to offer virtual witness testimony at a hearing or trial must file a motion for authorization in advance.

Any party or attorney seeking to offer testimony at any hearing or trial through a witness testifying virtually must file a motion to obtain authorization in advance.

CRITICAL

Within three days after the order is filed, the opposing side may file objections stating the reasons or submit an alternative order; afterward, the matter stands submitted to the Court.

Within three (3) days after filing of the order with the clerk, the opposing attorney or pro se party may file any objections to the order, specifying the reasons therefore or submit an alternative order for consideration by the Court, after which time the matter shall stand submitted to the Court.

CRITICAL

Civil domestic-violence and interpersonal-violence cases must be set for a Tuesday morning hearing within 14 days of petition issuance, at 9:00 AM at the specified court location.

All Civil Domestic Violence and Interpersonal Violence cases shall be set for any Tuesday morning (within fourteen (14) days of the issuance of the petition) at 9:00 AM in the Christian Circuit Court, Family Court Division, 100 Justice Way, 2°° Floor, Hopkinsville, Kentucky 42240.

CRITICAL

The notice of submission must be filed once briefing and evidence are complete, or the time for them has elapsed and the matter is ready for decision.

It shall be the responsibility of the attorneys of record, or any party not represented by counsel, to file a notice of submission on the AOC 280 Form with the Clerk and with the Circuit Court Judge, with a copy mailed to the Administrative Office of the Courts, at such time that the case, or an issue therein, has been completely briefed and all necessary evidence submitted, or the time for filing briefs and submitting evidence has elapsed and the matter stands ready for a decision by the Court.

CRITICAL

An exception to the Master Commissioner’s report must be filed within ten days after the report is filed; absent an exception, the Court shall enter an Order of Confirmation upon tender.

Unless an exception to such report is filed within ten days following the filing of the report, the Court shall enter an Order of Confirmation upon its tender by the Master Commissioner.

CRITICAL

The original petition and any EPO or IEPO must be delivered to the Circuit Clerk's office as soon as possible the next business day.

The original documents, including the petition and Emergency Protective Order (EPO) or Emergency Interpersonal Protective Order (IEPO), shall be delivered to the Circuit Clerk's office as soon as possible the next business day.

CRITICAL

The listed pretrial submissions must be filed by close of business at least seven days before the conference, unless a scheduling order provides otherwise.

Unless otherwise addressed in a scheduling order, parties shall file the following by the close of business at least seven (7) days prior to the pre- trial conference: 1. Witness lists; 2. Exhibits lists; 3. Motions in limine; 4. Proposed jury instructions, with a modifiable Word file emailed to the Presiding Judge.

CRITICAL

A written response opposing a motion must be filed by close of business at least two days before the hearing.

Any party opposing the motion shall file a written response no later than the close of business at least two (2) days prior to the time fixed for the hearing.

CRITICAL

Motions must be filed by close of business at least seven days before the hearing.

B. Motions shall be filed not later than the close of business seven (7) days prior to the time fixed for the hearing.

CRITICAL

Within 60 days of appointment, a Guardian ad Litem must file an answer for the respondent or a report stating that no defense can be presented after careful examination.

G. Within sixty (60) days of the appointment, the Guardian ad Litem shall file an answer on behalf of the respondent or a report stating that, after careful examination of the case, he/she is unable to present a defense.

CRITICAL

If an opposing party requests a hearing in a response filed within ten days, the movant must promptly notice a hearing under Local Rule 4.

If, within ten days, a party files a response in opposition requesting a hearing, the movant shall promptly notice the motion for a hearing in accordance with Local Rule 4.

WARNING

A Guardian ad Litem or Military Attorney who fails to file an answer or report within 60 days after notification of appointment may be sanctioned and removed from the applicable court list.

H. The failure of the Guardian ad Litem or Military Attorney to file an answer or report within sixty (60) days of notification of appointment may result in sanctions being imposed against the attorney and removal from the Christian Family Court Guardian Ad Litem or Military Attorney List.

WARNING

Parties should allow three additional days for a motion served only by U.S. Mail.

Pursuant to the applicable Kentucky Rules of Civil Procedure, the parties should allow three (3) additional days for any motion served by the U.S. Mail only.

WARNING

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

B. The movant shall give notice that the motion is made under CR 78(2) and shall direct the attention of the opposing attorney (or party if there is no attorney) to the fact that under this local rule, the motion may be granted routinely by the Court ten days after filing unless a response is filed.

WARNING

Do not tender a proposed order before a motion hearing; when no hearing is required or the motion proceeds under CR 78(2)/Local Rule 5, it may be tendered when the motion is ripe for decision.

Proposed orders shall not be tendered prior to the hearing on the motion. Where no hearing is required or the motion is filed under CR 78(2)/Local Rule 5, a proposed order may be tendered at the time the motion is ripe for decision.

INFO

The movant may file a notice that the motion is ripe for decision without a hearing when an opposition is filed or the response does not request a hearing.

D. If a response in opposition is filed or the response does not request a hearing, the movant may then file notice that the motion is ripe for decision without a hearing.