Cumberland County Circuit Court, Kentucky Filing Timing and Cure Windows

WARNING

Applies to

Child support action

Child support actions initiated by the County Attorney’s Office must be filed by that office and noticed for 10:00 a.m.

Child support actions initiated by the County Attorney's Office shall be filed by the office of the County Attorney related to calculation of child support and noticed for 10:00 a.m.

INFO

A case may be submitted by motion on Rule/Motion Day or at any time on a joint motion.

Cases may be submitted to the Court pursuant to a motion on Rule/Motion Day or at any time on a joint motion.

INFO

A motion to set a case for trial may be made on any Rule/Motion Day.

Motions to set a case for trial may be made on any Rule/Motion Day

INFO

A party may move for a pretrial conference when trial is set or afterward, up to the stated 14-day point, by an appropriate motion on Rule/Motion Day.

A party may move for a pretrial conference at the time the case is set for trial or at any time from the setting of the trial date until 14 days from the date of trial by an appropriate motion on Rule/Motion Day.

INFO

A motion to set a case for trial may be made on any Rule/Motion Day.

Motions to set a case for trial may be made on any Rule/Motion Day

INFO

A case may be submitted to the Court on a motion on Rule/Motion Day, or at any time on a joint motion.

Cases may be submitted to the Court pursuant to a motion on Rule/Motion Day or at any time on a joint motion.

INFO

A party may request a pretrial conference by appropriate motion on Rule/Motion Day when trial is set or during the stated period ending 14 days from the trial date.

A party may move for a pretrial conference at the time the case is set for trial or at any time from the setting of the trial date until 14 days from the date of trial by an appropriate motion on Rule/Motion Day.

CRITICAL

Deadline

2 business days

A responsive motion must be filed with the circuit clerk two business days before the scheduled day in Clinton County.

Each responsive motion shall be filed in the office of the circuit clerk two (2) business days in Clinton County and 5 business days in Cumberland and Monroc Counties preceding the Rule/Motion Day for which the original motion is initially set.

CRITICALCivil cases

The final verified disclosure statement must be filed no later than 10 days before the hearing when property matters are disputed.

The AOC-239, Final Verified Disclosure Statement, is adopted by this Court and shall be filed in the record if property matters are in dispute, no later than ten (10) days prior to the hearing as required by FCRPP 3(3).

CRITICALCivil cases

The petitioner must obtain a pretrial date immediately upon filing a petition for involuntary termination of parental rights.

Pursuant to FCRPP 34, immediately upon the filing of any petition for involuntary termination of parental rights, the petitioner shall obtain a pretrial date.

CRITICAL

Deadline

5 working days

Commissioner fees must be paid through the circuit court clerk’s office by the fifth working day after the hearing concludes.

Such fees shall be paid through the office of circuit court clerk to the commissioner and shall be due on the fifth working day following the conclusion of the hearing.

CRITICAL

Deadline

1 hours

Petitions must be reviewed within an hour of presentation to a judge or trial commissioner, unless one is unavailable.

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.

CRITICALCivil cases

The non-moving party must file an income and expense schedule no later than the time set for the motion hearing.

The non-moving party must file his or her income and expense schedule no later than the time set for the hearing on the motion.

CRITICALCivil cases

The Commissioner must render a decision within 30 days after a case is submitted for final disposition.

Once a case is submitted to the Domestic Relations Commissioner for final disposition, the Commissioner shall render a decision within thirty (30) days.

CRITICAL

Deadline

4 business days

Transportation orders must be tendered to the Court at least four business days before the scheduled court appearance.

All Transportation orders shall be tendered to the Court no later than four (4) business days before a scheduled court appearance.

CRITICAL

A plea agreement reached at the meeting must be submitted to the Court for approval before the scheduled pretrial conference.

Same shall be submitted to the Court for approval BEFORE the scheduled date of the pretrial conference.

CRITICAL

Pretrial compliance statements are due 14 days before the trial date.

Pretrial compliance statements shail be filed by all parties 14 days before the trial date.

CRITICAL

Deadline

4 business days

Transportation orders must be tendered to the Court at least four business days before the scheduled court appearance.

All Transportation orders shall be tendered to the Court no later than four (4) business days before a scheduled court appearance.

CRITICAL

The petitioner must file a sworn disclosure statement within 15 days after filing the dissolution petition.

The petitioner shall file a sworn disclosure statement within 15 days after the filing of the Petition for Dissolution of Marriage and it shall include an itemized listing of all marital property and its value, all debts and the amounts, all property claimed as non-marital and the basis of the claim, the income of each party and other information the petitioner may believe will assist in making a proper disposition of the property.

CRITICALCivil cases

After exceptions are filed, an opposing party must have at least three days to respond by filing additional exceptions.

Upon the filing of exceptions, any opposing party shall have no less than three (3) days to respond by filing additional exceptions.

CRITICALCivil cases

If no exceptions are filed within the allowed time, the Court will adopt the proposed or modified findings, conclusions, and decree within 20 days of submission.

Pursuant to FCRPP 4(4)(d), if no exceptions are filed within the time allowed, the Court will adopt the proposed or modified Findings of Fact, Conclusions of Law and Decree of Dissolution within twenty (20) days of submission.

CRITICAL

The time for filing and serving motions and responsive motions must be computed under CR 6.01.

4. COMPUTATION OF TIME FOR FILING AND SERVICE - Time for filing and service of motions and responsive motions shall be computed in accordance with CR 6.01.

CRITICALCivil cases

If exceptions are filed, the final decree must be entered within 10 days of their disposition.

If exceptions have been filed, entry of the final decree shall occur within ten (10) days of disposition of the exceptions.

CRITICAL

A motion set for a Rule/Motion Day, other than an uncontested Chapter IV matter, must be filed with the circuit clerk five days before the initially scheduled day.

Each motion to be made on a Rule/Motion Day, except uncontested matters under Chapter IV shall be filed in the office of the circuit clerk five (5) days preceding the Rulc/Motion Day for which the motion is initially set.

CRITICAL

Motions, except uncontested matters under Chapter IV, must be filed with the circuit clerk five days before the initially scheduled Rule/Motion Day.

Each motion to be made on a Rule/Motion Day, except uncontested matters under Chapter IV shall be filed in the office of the circuit clerk five (5) days preceding the Rulc/Motion Day for which the motion is initially set.

CRITICALCivil cases

Parties have 10 days after service of notice that the recommendation was filed to file exceptions with the Court.

A copy of the proposed Findings of Fact, Conclusions of Law and Order will be furnished to all parties involved in the matter who will then have ten (10) days after being served with notice of the filing of the Commissioner's recommendation in which to file exceptions to the proposed Findings of Fact, Conclusions of Law and Order with the Court.

CRITICALCivil cases

For an uncontested adoption, the final hearing must be held within 30 days after the request for a final hearing is filed.

In the event of an uncontested adoption, a hearing shall be held within thirty (30) days of the filing of a request for a final hearing.

CRITICAL

All parties must file pretrial compliance statements 14 days before trial.

Pretrial compliance statements shail be filed by all parties 14 days before the trial date.

CRITICAL

The petitioner must file a sworn disclosure statement within 15 days after filing the Petition for Dissolution of Marriage.

The petitioner shall file a sworn disclosure statement within 15 days after the filing of the Petition for Dissolution of Marriage

CRITICAL

The time for filing motions and responsive motions must be computed in accordance with CR 6.01.

4. COMPUTATION OF TIME FOR FILING AND SERVICE - Time for filing and service of motions and responsive motions shall be computed in accordance with CR 6.01.

CRITICAL

Deadline

1 hours

Petitions must be reviewed within an hour of presentation to a judge or trial commissioner, unless that is impossible because no judge or trial commissioner 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.

CRITICALCivil cases

Deadline

5 business days

The original motion must be filed and delivered to opposing counsel by the Clerk's Office closing time five business days before the Rule Day when it will be heard.

All motions to be heard at motion hour on the appropriate motion day shall be filed (the original motion) and served on opposing counsel by delivery no later than closing time in the Clerk's Office five (5) business days immediately preceding the Rule Day upon which the motion is to be heard.

CRITICAL

Deadline

2 business days

Responsive motions must be filed before the initially scheduled Rule/Motion Day: two business days in Clinton County and five business days in Cumberland and Monroe Counties.

Each responsive motion shall be filed in the office of the circuit clerk two (2) business days in Clinton County and 5 business days in Cumberland and Monroc Counties preceding the Rule/Motion Day for which the original motion is initially set.

WARNINGCivil cases

The parties may waive the normal 10-day period to serve exceptions, and that period is deemed waived for all agreed orders.

The normal ten (10) day exception period to serve exceptions pursuant to FCRPP 4(4)(a) may be waived by the parties and shall be deemed to be waived on all agreed orders.

WARNING

The Domestic Relations Commissioner must make final findings and recommendations within 45 days from the date the action is submitted to the Commissioner.

The Domestic Relations Commissioner shall make his final findings and recommendations forty-five (45) days from the date an action is submitted to the said Domestic Relations Commissioner.

INFO

The Domestic Relations Commissioner must make final findings and recommendations within 45 days from the date an action is submitted to the Commissioner.

The Domestic Relations Commissioner shall make his final findings and recommendations forty-five (45) days from the date an action is submitted to the said Domestic Relations Commissioner.

INFOCivil cases

Parties in uncontested matters may waive the normal 10-day exception period for the Commissioner’s recommendations to the Circuit Judge.

The normal ten (10) day exception period applicable to the Commissioner's recommendations to the Circuit Judge authorized by FCRPP 4(4) (a) may be waived by the parties in uncontested matters.