Edmonson County Circuit Court, Kentucky Filing Timing and Cure Windows

CRITICAL

The checklist verifies that the petition was filed at least 72 hours after the child's birth.

J Was the petition filed 72 hours or more after the child's birth? KRS 625.040(3)

CRITICAL

EPO and TIPO requests may be filed at the Edmonson County 911 dispatch office after regular business hours and during weekends.

After the regular business and during the weekends, requests for an EPO or a TIPO may be filed at the Edmonson County 911 dispatch office located at: Edmonson County 911 Dispatch 247 Mohawk Street Brownsville, Kentucky 42210 PHONE 270-597-2729

CRITICAL

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 revicwed within an hour of presentation to a judge unless impossible duc to no judge being available.

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 revicwed within an hour of presentation to a judge unless impossible duc to no judge being available.

CRITICAL

EPO and TIPO petitions may be filed with the Edmonson County Circuit Court Clerk during regular business hours, Monday through Friday from 8:00 a.m. to 4:00 p.m.

During regular business hours (8:00 a.m.- 4:00 p.m. Monday thru Friday) a verificd petition for an Emergency Protective Order (EPO) or Temporary Interpersonal Protective Order (TIPO) may be filed at the Office of the Edmonson County Circuit Court Clerk located at: Edmonson County Courthouse 110 West Main Cross Street Brownsville, Kentucky 42210 (270) 597-2584

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. KRS 403.730, KRS 456.040.

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

An untimely coverage request cannot delay the proceeding, and no request filed after the proceeding begins will be considered.

Under no circumstances will the proceeding be delayed to accommodate an untimely request, nor will any request be considered if filed after the proceeding has commenced .

WARNING

A late coverage request will not be considered unless exceptional circumstances prevented timely filing and the parties consent.

Requests filed later than the time period provided will not be considered unless the presiding judge finds exceptional circumstances have prevented the filing of a timely request, and the parties consent to the coverage.

CRITICAL

Petitioner must identify experts in compliance with CR 26 by December 15, 2011.

Petitioner shall identify experts in compliance with CR 26 by December 15, 2011

CRITICAL

Deadline

3 business days

Within three (3) business days after a petition for the voluntary termination of parental rights is filed, the Court will set a date for a hearing which shall not be more than thirty (30) calendar days after the petition is filed.

Within three (3) business days after a petition for the voluntary termination of parental rights is filed, the Court will set a date for a hearing which shall not be more than thirty (30) calendar days after the petition is filed.

CRITICAL

Deadline

10 business days

For the stated attorney-fee procedure, the moving party must request compliance in writing, and the noncompliant party has 10 business days from the request date to file the preliminary statement or acknowledgment.

Thereafter, the moving party provides the noncompliant party with a written request to file a Preliminary Verified Disclosure Statement or Preliminary Verified Disclosure Statement Acknowledgement within 10 business days of the date of said written request;

CRITICAL

Petitioner must identify any rebuttal experts in compliance with CR 26 by February 1, 2012.

Petitioner shall identify any rebuttal experts in compliance with CR 26 by February 1, 2012 .

CRITICAL

Division IV reports for Monday dockets must be filed by the preceding Wednesday at 9 a.m.

Warren Circuit, Division IV: Reports must be filed by the preceding Wednesday at 9 a.m. for Monday dockets

CRITICAL

Division III reports for a Tuesday docket must be filed by the preceding Thursday at 9 a.m.

the preceding Thursday by 9 a.m. for a Tuesday docket;

CRITICAL

Deadline

7 calendar days

The excerpt states that a request for hearing is filed within seven calendar days from the date in the certificate of service.

and request for hearing is filed within seven (7) calendar days from the date contained in the certificate of service.

CRITICAL

A motion for a motion day must be filed with the clerk and opposing parties notified by the clerk's closing time on the preceding Wednesday.

Each motion to be heard on a motion day shall be filed with the clerk and opposing parties, notified no later than closing time of the clerk's office on the Wednesday immediately preceding the motion day on which the motion is to be heard.

CRITICAL

All discovery, including expert depositions, must be completed by the stated March 2012 deadline.

All discovery, including discovery of experts by deposition, shall be completed by March L, 2012 .

CRITICAL

Within 60 days of appointment, the military attorney must file either an answer or a report explaining that no defense can be presented after careful examination.

Within sixty (60) days of the appointment, the military attorney shall either file an answer on behalf of the Respondent or a report stating that after careful examination of the case, the military attorney is unable to present a defense on behalf of the Respondent.

CRITICAL

Division III reports for a Monday docket must be filed by the preceding Wednesday at 1 p.m.

Warren Circuit, Division III: Reports must be filed by the preceding Wednesday at 1 p.m. for a Monday docket

CRITICAL

An eligible person may apply for a pretrial diversion order after indictment, but no later than 15 days before trial.

After indictment in circuit court, and no later than fifteen (15) days before trial, any person eligible for the program may apply to the Circuit Court and the Common- wealth for entry of a pretrial diversion order.

CRITICAL

A petition for review of an administrative order may not be filed in Warren Family Court until all administrative remedies are exhausted.

No Petition for Review of an administrative order shall be filed in Warren Family Court until all administrative remedies have been exhausted.

CRITICAL

Deadline

3 business days

A statement of objections and its grounds must be filed at least three business days before the proceeding begins.

A statement of objections to the coverage requested, together with the grounds therefor, shall be filed not later than three (3) business days prior to the commencement of the proceeding sought to be covered.

CRITICAL

When an agreement or partial agreement is reached, a typed draft must be prepared and forwarded for review within five business days following the mediation conference.

In cases where agreement or partial agreement is reached as to any matter or issue, including legal or factual issues to be determined by the Court, the attorneys and/or parties unrepresented by counsel shall prepare a typed mediation conference and shall forward same to the opposing attorney or draft of the agreement within five (5) business days following the party unrepresented by counsel for review.

CRITICAL

Certificates of completion must be filed before the divorce proceeding concludes.

The parties shall file their certificates of completion prior to the conclusion of the divorce proceeding.

CRITICAL

Division IV reports for Wednesday dockets must be filed by the preceding Friday at 9 a.m.

the preceding Friday at 9 a.m. for Wednesday Docket.

CRITICAL

The required mediation preparation documents must be provided to the mediator at least five days before the mediation conference.

Counsel for each party or a party, if unrepresented by counsel, shall no less than five (5) days prior to the mediation conferences, provide the mediator with the following documents:

CRITICAL

The updated financial disclosure statement must be filed at least five days before the mediation conference.

Counsel for each party or a party, if unrepresented by counsel, shall file, no less than five (5) days prior to the mediation conference, an updated financial disclosure statement, a copy of which shall be provided to the mediator.

CRITICAL

After service has been perfected on all parties, counsel shall file a motion and schedule a final trial.

After service has been perfected on all parties, counsel shall file a motion and schedule a final trial.

CRITICAL

The opposing party has fourteen days to file an objection and schedule a motion to dissolve or amend a Status Quo Order.

The opposing party shall have fourteen (14) days to file an objection and schedule a motion to dissolve or amend the "Status Quo Order."

CRITICAL

Within 60 days of appointment, the Guardian ad Litem or military attorney must file an answer on the Respondent’s behalf or a report.

. 1. Within sixty (60) days of the appointment, the Guardian ad Litem for incarcerated adult or military attorney shall either file an answer on behalf case that the Respondent is unable to present a defense if applicable in that of the Respondent or a report stating that after careful examination of the

CRITICAL

The final agreement must be filed with the Court within ten business days unless the Court grants an extension.

A final typed draft of the agreement shall be completed, signed by all parties and their respective attorneys, and filed with the Court, within ten (10) business days unless an extension of time is granted by the Court.

CRITICAL

Subject to WFCR 703C.(2)(e), when the parties do not agree on any or all issues, they must file the final verified disclosure statements no less than 10 days before the final hearing.

Subject to WFCR 703C.(2)(e), if the parties do not reach an Verified Disclosure Statements in the record no less than 10 days agreement on any or all issues, the parties shall file AOC-239 Final before the final hearing.

CRITICAL

Respondent may file a motion for a hearing within a seven-day period.

Respondent may within a seven (7) day period file a motion for a hearing on this matter.

CRITICAL

unless the adverse party, within the seven (7) day period, files a motion for a hearing before the court.

unless the adverse party, within the seven (7) day period, files a motion for a hearing before the court.

CRITICAL

Covered motions must be noticed for a hearing scheduled at least 20 days after the motion’s certification date.

Motions for judgment on the pleadings, summary judgment, to set aside default judgments, and to dismiss shall be noticed for a hearing scheduled at least twenty (20) days from the certification date on the motion.

CRITICAL

Roster members must submit a written letter of intent to continue on the roster by August 1 each year.

By August 1 of each year, roster members shall submit to the Family Court Staff in writing a letter of intent to continue on the roster.

CRITICAL

Respondent must identify experts in compliance with CR 26 by January 15, 2012.

Respondent shall identify experts in compliance with CR 26 by January 15, 2012.

CRITICAL

Deadline

7 calendar days

The court will sign the order if no objection is made within seven calendar days.

The Order will be signed if there is no objection within seven (7) calendar days.

CRITICAL

The mediator must file the mediation outcome report immediately at the conclusion of mediation.

At the conclusion of mediation, the mediator shall immediately file a report, without comment, to the Court as to the outcome of the mediation (i.e., a full, partial or no agreement).

CRITICAL

A scheduling order must be entered in every case within 60 days after service of the petition on the respondent.

A Scheduling Order Regarding Discovery, Amendment of Pleadings, Experts and Mediation shall be entered in every case within 60 days following service of the petition upon respondent;

CRITICAL

Deadline

4 business days

A coverage request must be filed at least four business days before the proceeding begins.

Requests for coverage shall be filed not later than four (4) business days prior to commencement of the trial or other proceeding ("proceeding") sought to be covered, and shall specify whether the request applies to the entire proceeding or only selected portions thereof.

CRITICAL

The Guardian ad Litem fee Motion and Affidavit must be filed at the final hearing or before entry of final judgment.

Guardian ad Litem fee Motion and Affidavit shall be promptly filed at the final hearing or prior to entry of the final judgment.

CRITICAL

Deadline

10 business days

For the stated attorney-fee procedure, the moving party must request compliance in writing, and the noncompliant party has 10 business days from the request date to file the final statement or acknowledgment.

Thereafter, the moving party provides the noncompliant party with a written request to file a Final Verified Disclosure Statement or Final Verified Disclosure Statement Acknowledgement within 10 business days of the date of said written request;

CRITICAL

If mediation fails, the parties must move the Court to set the matter for pretrial and trial within 10 days.

If mediation is unsuccessful, the parties shall, within 10 days of failed mediation, move the Court to set this matter for pre-trial and trial.

CRITICAL

The parties must submit to mediation by the stated April 15 deadline.

The parties shall submit to mediation in an effort to resolve all permanent issues on or before 4pril 15,

CRITICAL

Applies to

Pretrial conference filings

Each party must file the specified pretrial conference documents at least seven days before the conference.

Each party shall file the following documents at least seven (7) days prior to the Pretrial Conference

CRITICAL

Applies to

Pretrial compliance

The petitioner and respondent must file a Pretrial Compliance at least 30 days before trial unless the parties agree otherwise or the Court orders otherwise.

At least thirty (30) days prior to trial, unless otherwise agreed by the parties or ordered by the Court, the Petitioner and the Respondent shall file a Pretrial Compliance, which addresses the following:

CRITICAL

Deadline

3 business days

If revisions are required, revised findings and a separate judgment must be tendered within three business days after the Final Hearing.

Should the Court require revisions, the Petitioner shall tender a revised Findings of Fact and Conclusions of Law and a separate Judgment of Adoption or Termination of Parental Rights within three (3) business days following the Final Hearing for the Court's entry.

CRITICAL

Motions to amend the pleadings must be filed by October 15, 2011.

Motions to amend the pleadings shall be filed no later than October 15, 2011.

CRITICAL

Deadline

3 business days

The Petitioner must tender the required proposed findings and separate judgment at least three business days before the Final Hearing.

No later than three (3) business days prior to the Final Hearing, the Petitioner shall tender a proposed Findings of Fact and Conclusions of Law and a separate Judgment of Adoption or Termination of Parental Rights for entry by the Court.