Clark County Circuit Court, Kentucky Filing Timing and Cure Windows

CRITICAL

E-mailed or faxed motions are not recognized by the Court until the original is received and entered in the record by the appropriate Circuit Clerk.

Parties may e-mail or fax motions to the Court prior to the hearing date for informational purposes, but e-mailed or faxed motions shall not be recognized by the Court until the original is received and entered in the record by the appropriate Circuit Clerk.

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

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.

CRITICALCivil cases

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.

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.

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.

CRITICAL

The Petitioner's proof cannot begin until the time to file an answer has expired.

The proof for the Petitioner shall not be commenced until the time for filing an answer has expired,

CRITICALCivil cases

The Cross Reference Data Sheet must be filed simultaneously with the initial pleading.

In order to promote the goal of"one family, one judge". simultaneous with the filing of auy initial pleading, the Petitioner or Movant shall also file with the clerk a Cross Reference Data Sheet on a form approved by the Court.

CRITICAL

Unless the Court directs otherwise, cases must be placed on the Motion Docket by close of business on the preceding Friday, or on the preceding Thursday if Friday is a holiday.

Unless otherwise directed by the Court, all cases must be placed on the Motion Docket by the close of business on the Friday preceding the regular Motion Docket (unless Friday is a holiday, in which event it shall be close of business on the Thursday preceding the docket).

CRITICAL

The Petitioner's proof must be completed within 30 days after the time for filing an answer expires.

said proof shall be complete within thirty (30) days thereafter ;

CRITICAL

A dissolution proceeding tried by oral testimony may not be assigned for trial until 30 days have elapsed after the joint petition is filed or the respondent is actually or constructively summoned by warning order.

No proceeding by oral testimony for dissolution of marriage, including joint petition, shall be assigned for trial until thirty (30) days have elapsed following the date the joint petition is filed, or the Respondent is actually summoned or is deemed to have been summoned by warning order

CRITICAL

In contested cases, factual disclosure forms must be filed at least 10 days before the hearing or, if proof will be taken by deposition, at least 10 days before the first deposition.

21 .16 Factual Disclosure Requirement : In contested cases, verified factual disclosure forms, attached hereto, shall be filed and served on every other party not less than ten (10) days before the hearing date, or, if proof is to be taken by deposition, ten (10) days before the taking of the first deposition .

CRITICAL

Written objections to the proposed order or judgment must be filed within ten days from service to prevent its stated signing and entry.

The proposed order or Judgment, for purposes of this paragraph, shall include a Certificate of Service showing the fact of the tender and service, the date of the same, and that the proposed order or Judgment will be signed and entered unless written objections have been filed within ten (10) days from the date of service .

CRITICALCivil cases

All motions to be heard on cither the Monday or Tuesday Domestic Motion Docket shall be filed and served on or before the close of business 10 days prior to the hearing on the motion

All motions to be heard on cither the Monday or Tuesday Domestic Motion Docket shall be filed and served on or before the close of business 10 days prior to the hearing on the motion

CRITICAL

Motions may not be filed on the morning of trial unless the Court grants leave.

No motions may be filed the morning of the trial without leave of the Court.

CRITICAL

Cases must be placed on the Motion Docket by close of business Monday before the Motion Day, or by the preceding Friday if Monday is a holiday; exceptions require leave of Court.

All cases must be placed on the Motion Docket by the close of business on the Monday preceding the regular Motion Day (unless that Monday is a holiday, in which event, it shall be the close of business on the preceding Friday) to stand for hearing on the following regular Motion Day . Any exception to this docketing rule shall be by leave of Court only, and the Clerk is directed to close the docket for the next Motion Day at the close of business on the preceding Monday .

CRITICAL

The respondent must file disclosures within 15 days after the petitioner files disclosures, if the order's disclosure requirement applies.

the Respondent shall file disclosures within fifteen (15) days of the Petitioner's filing

CRITICAL

Counsel may present the order or judgment after ten days from tendering the original to the Clerk, unless timely objections are filed and served or the Court, for good reason, declines entry and schedules a hearing.

(b) After the passage of ten (10) days from the date of tendering the original of said Order or Judgment to the Clerk, with service of a copy of same upon counsel for all parties, unless : (i) written objections thereto, including a time for a hearing obtained pursuant to these rules, have been filed and served by the objecting party ; or (ii) the Court, for good reason, feels that said Order or Judgment should not be entered, in which case, the Court will notify all counsel of time and place for a hearing to be had on the tendered Order or Judgment .

CRITICAL

The Commissioner must act immediately on temporary-order hearings and inform all parties or their attorneys of the decision within two working days after the hearing.

21 .13 Temporary Orders : All hearings for temporary orders shall receive immediate action by the Commissioner, and he/she shall inform all parties or their attorneys of his/her decision within two (2) working days following the hearing .

CRITICAL

In no event shall any such case be assigned for trial before thirty (30) days have elapsed following entry of appearance or service of summons

In no event shall any such case be assigned for trial before thirty (30) days have elapsed following entry of appearance or service of summons

CRITICAL

The opposing party’s verified factual disclosure form must be filed within 10 days after service of the motion for a final trial date.

The verified factual disclosure form for the opposing party shall be filed within ten (10) days of the service of the motion for final trial date

CRITICAL

The appellant must schedule the hearing for the next available Motion Day.

The appellant shall schedule the hearing for the next available Motion Day .

CRITICAL

The parties have 10 days after the Respondent's proof period to complete any rebuttal.

parties shall then have ten (10) days in which to complete any rebuttal .

CRITICALCivil cases

Each party must file a Pre-hearing Memorandum at least seven days before the Case Management Conference.

At least seven (7) days prior to the Case Management Conference. cach party shall file a Pre-hearing Memorandum

CRITICALCivil cases

The Pre-caring Memorandum containing the petitioner's request must be filed before the Case Management Conference.

Petitioner shall make the request on the Pre-caring Memorandum filed prior to the Case Management Conference.

CRITICAL

Nonresident counsel must make the written designation no later than the filing of the first responsive pleading.

whenever a party to a case is , represented by counsel not residing within the Commonwealth of Kentucky, such counsel shall designate in writing, at the time the first responsive pleading is filed, some member of the Kentucky Bar Association residing within this state upon whom notices and papers may be served . Upon his/her failure to do so, the Court may, upon motion, strike all pleadings of such party .

CRITICALCivil cases

The 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 remain for trial. This statement shall be submitted within ten (10) enumerating the issues that have been resolved and the issues that retured to the Court's active docket in compliance with FCRPP days of the termination of mediation.

CRITICAL

The Respondent must complete their proof within the following 30 days.

the Respondent shall complete his/her proof within the following thirty (30) days ;

CRITICAL

Counsel must prepare and tender a conforming order or judgment within ten days of a ruling, verdict, or judgment.

Whenever any ruling is made, verdict returned, or judgment rendered, an order or Judgment in conformity therewith shall be prepared and tendered by counsel within ten (10) days from date of ruling .

CRITICAL

After the proof and rebuttal periods, the case stands for submission at the next regular Motion Day of the assigned division.

The case shall then stand for submission at the next regular Motion Day of the division to which the case has been assigned .

CRITICAL

The petitioner must file the disclosures within 15 days after filing the petition, if the order's disclosure requirement applies.

The Petitioner shall first file said disclosures within fifteen (15) days of the filing of the petition

CRITICAL

The Commissioner must submit findings, conclusions, and recommendations within 20 days after the hearing in dissolution actions.

21 .08 Recommended Findings and Conclusions : The Commissioner shall report by making Findings of Fact, Conclusions of Law, and Recommendations to the Court in all dissolution actions on or before twenty (20) days from the date of hearing .

CRITICAL

When there are infant children, the case may not be assigned for trial until 60 days have elapsed from the earliest of service of summons, appearance, or responsive pleading.

if there are infant children, before sixty (60) days have elapsed from the date of service of summons, appearance or responsive pleading, whichever occurs first

WARNING

The Commissioner must rule on all other matters in an expeditious manner.

All other matters shall be ruled upon by the Commissioner in an expeditious manner .

WARNING

Unless Respondent promptly objects prior to the date of the hearing, it will be considered that both parties have opted to proceed by oral testimony

Unless Respondent promptly objects prior to the date of the hearing, it will be considered that both parties have opted to proceed by oral testimony

WARNING

An opposing party is not required to file a responsive pleading to a pleading with an unfiled referenced exhibit until that exhibit is filed.

If any exhibit (or copy of exhibit) referred to in a pleading as a part thereof be not filed, the opposing party shall not be required to file a responsive pleading thereto until the same shall have been filed ; but at his/her election, the opposing party may require such exhibit to be filed under the penalty of the pleading being dismissed or stricken from , the record .

WARNINGCivil cases

Deadline

48 hours

The opposing party may file a verified response or supporting affidavits 48 hours before the hearing.

to which the opposing party may file a verified response or supporting affidavits 48 hours prior to the hearing.

WARNING

Applies to

Response

Failure to respond to a motion with a supporting statement or memorandum may be grounds to deny leave to file a response after the hearing-notice deadline.

Failure to file a response to a motion accompanied by such a statement or memorandum may be grounds for denying a request for leave to file such a response after the time specified for a hearing of said motion .

WARNING

The annual donated legal services panel list is due to the Circuit Clerk on or about January 1.

In each county, on or about January 1st of each year, the President of the local bar association shall present a - list of all attorneys who adhere to this policy to the Circuit Clerk .

WARNING

Applies to

Response

A properly served party may file a response with a statement or memorandum and supporting citations by the time stated in the motion hearing notice.

Any party, properly served with a motion accompanied by a statement or memorandum of law supporting said motion, may file a response containing either a statement or memorandum of law, with citation of supporting authorities, at or prior to the time specified in the notice of hearing of the motion .

WARNINGCivil cases

In cases where parental rights are terminated at a final hearing. pursuant 10 FCRPP 36, a review shall be docketed by the Court 90 days from the date

In cases where parental rights are terminated at a final hearing. pursuant 10 FCRPP 36, a review shall be docketed by the Court 90 days from the date

WARNING

The petitioner may respond within 10 days of the referenced filing.

and the Petitioner may respond within ten (10) days of said filing .

INFO

A defendant may seek to resolve the case by filing a Motion to Enter a Guilty Plea at any time before trial, for hearing on the presiding judge's next available criminal docket.

At any time prior to trial, a defendant who wishes to resolve his/her case by entering a guilty plea may do so by filing a Motion to Enter a Guilty Plea to be heard on the presiding judge's next available criminal docket.

INFO

Counsel may tender proposed jury instructions at any time before trial begins.

Counsel may tender proposed jury instructions any time prior to the commencement of the trial.