Daviess Circuit Court Filing Timing and Cure Windows

CRITICAL

If the Clerk's Office is closed on the date seven calendar days before a hearing, the motion must be filed by 4:00 p.m. on the first day the office reopens.

If the Daviess Circuit Court Clerk's Office is closed on the date which is seven (7) calendar days in advance of the hearing, then the Motion shall be filled by 4:00 p.m. on the first day thereafter which the Daviess Circuit Court Clerk's Office reopens.

WARNINGCriminal cases

Last-minute diversion applications should be avoided because they may delay the scheduled trial.

[Last minute filing of an application for diversion may cause delay in the scheduled trial of a case and should be avoided

CRITICAL

Motions regarding active dependency, neglect, and abuse issues must be filed seven days before the scheduled hearing.

Any Motions regarding active dependency, neglect and abuse issues shall be filed seven (7) days prior to the scheduled hearing date; and notice shall be provided to all parties, counsel of record, and the County Attorney.

CRITICAL

A hearing on a petition must be scheduled no more than fourteen days after the Emergency Protective Order is issued.

All petitions shall be set for hearing no more than fourteen (14) days from the issuance of the Emergency Protective Order.

CRITICALCriminal cases

An eligible person may apply for pretrial diversion after indictment, but the application must be made no later than 30 days before trial.

After indictment in circuit court, and no later than 30 days before trial, any person eligible for the program may apply to the Circuit Court and the Commonwealth for entry of a pretrial diversion order

CRITICAL

The written notice of a covered move must be filed with the court at least 60 days before the move.

and file same with the court at least sixty (60) days prior to such move.

CRITICAL

Deadline

7 calendar days

Motions generally must be filed at least seven calendar days before the hearing; specified motions are excepted, and untimely motions may be denied or continued absent permitted good cause.

All motions, except emergency, ex-parte motions, and motions with timeframes governed by statewide rules or statute, shall be filed with the Daviess Circuit Court Clerk's Office at least seven (7) calendar days prior to the date the action is scheduled to be heard. Except for good cause shown, permitted by FCRPP or statute, all motions filed less than seven (7) days in advance of the scheduled hearing may be denied as procedurally deficient or continued to a date more than seven (7) days after the filing of the motion.

CRITICAL

A petition must be reviewed within one hour of presentation to a Judge unless no Judge is available.

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

CRITICAL

Responses must be filed by the time specified in the motion hearing notice.

Such responses shall be filed at or prior to the time specified in the notice of hearing of the motion.

CRITICAL

Unless the Judge directs otherwise, counsel for the successful party must prepare an order or judgment conforming to an announced verbal order or judgment or jury verdict within seven days.

In all civil and criminal cases in which a verbal order or judgment is announced by the Judge, and in the case of a jury verdict, an order or judgment in conformity therewith shall be prepared by counsel for the successful party within seven (7) days after the order or verdict, unless directed otherwise by the Judge.

WARNING

Applies to

Motion to assign trial dates

Attorneys are discouraged from moving to assign for trial before the pleadings are closed and discovery completed. A motion to assign trial dates should not be filed until the moving party has completed discovery.

Attorneys are discouraged from moving to assign for trial before the pleadings are closed and discovery completed. A motion to assign trial dates should not be filed until the moving party has completed discovery.

WARNING

If the parties cannot agree on virtual attendance, either party may file a motion for the Court to hear before the hearing for which virtual attendance is requested.

In the event the parties are unable to agree on participation by virtual attendance, either party may file an appropriate Motion to be heard by the Court prior to the hearing date in which virtual attendance is requested.

WARNING

A CR 78(2) motion may routinely be granted ten days after filing if no 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.