Floyd Circuit Court Filing Timing and Cure Windows

CRITICAL

Deadline

3 business days

Non-emergency Paternity, Dependency, Neglect and Abuse, Domestic Violence, and Status Offense motions must be filed, clocked, and noticed by 3:00 p.m. three business days before the appropriate docket.

All non-emergency Paternity, Dependency, Neglect and Abuse, Domestic Violence, and Status Offense motions shall be filed, clocked and noticed no later than 3:00 p.m. three business days preceding the appropriate docket, with copies being mailed, hand-delivered or sent by electronic transmission.

CRITICAL

Documents intended as final-hearing exhibits must be produced within 30 days of the Final Hearing.

The Attorneys or parites, if pro se litigants, shall also produce any documents they intend to submit as Exhibits at the Final Hearing within 30 days of the Final Hearing.

CRITICAL

Motions for a motion day must be filed and clocked by 4:00 p.m. on the preceding Tuesday; late motions are automatically passed to the next motion day unless an emergency situation applies.

All motions, civil and criminal, to be heard at motion day shall be filed and clocked no later than 4 :00 o'clock p .m . on the Tuesday preceding the appropriate motion day . Motions filed after said time except in an emergency situation, shall automatically be passed to the next following motion day and placed by the clerk on the next appropriate motion docket .

CRITICAL

The failure-to-participate notification must be filed within ten days of the litigant’s failure to participate.

Domestic Facilitators Group personnel shall file with the Courts notification concerning litigants who has failed to participant in the Program within Ten (10) days of the their failure.

CRITICAL

The defendant's attorney must submit expected motions at least ten days before the pretrial conference.

The attorney appearing for the defendant at arraignment, unless previously relieved by order, shall be in attendance at the pretrial conference and shall submit such written motions as the attorney shall expect to offer in the case at least ten (10) days prior to the conference

CRITICALCivil cases

The parties must jointly file the Case Management Report by the fifteenth day after the Case Management Meeting.

The parties shall jointly file a Case Management Report no later than the fifteenth day after the Case Management Meeting.

CRITICAL

Deadline

1 hours

Petitions must be reviewed within an hour after presentation to a judge or trial commissioner, unless unavailability makes that impossible.

E. 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

A defendant objecting to assignment must file an objection stating its basis within the timeframe required by CR 12.01.

A defendant objecting to the assignment of the case to the Business Court Docket shall, within the timeframe required by CR 12.01, file an objection setting forth the basis therefore.

CRITICALCivil cases

Filing an objection does not stay other filing obligations, including the CR 12.01 deadline for a responsive pleading or motion.

The filing of an objection shall not constitute a stay of any other filing obligation, including the obligation to file a responsive pleading or motion within the timeframe required by CR 12.01.

CRITICAL

No further motions may be offered after the pretrial conference without leave of Court, which may be granted for the stated excusable-neglect circumstances or in the interest of justice.

No additional motions maybe offered after pretrial conference except by leave of Court upon a showing of excusable neglect if it concerns a matter of which the attorney was not aware or which did not come to the attorney's attention prior to the time of pretrial conference or in the interest of justice

CRITICAL

Motions filed and noticed fewer than seven days before a hearing are automatically passed to the next Motion Hour.

All motions filed and noticed for a hearing in less than seven (7) days shall be automatically passed to the next Motion Hour.

CRITICALCriminal cases

An eligible person may apply for pretrial diversion after indictment, but must do so no later than 60 days before trial.

After indictment in circuit court, and no later than sixty (60) days before trial, any person eligiblefor the program may apply to the Circuit Court and the Commonwealth for entry of a pretrial diversion order.

CRITICAL

The Guardian ad Litem must file the required Answer or Report within 60 days of appointment.

Within sixty (60) days of the appointment, the Guardian ad Litem shall file and 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 on their behalf.

CRITICAL

Deadline

72 hours

The Permanency Hearing Report is due to the Court 72 hours before the Court date.

At the Permanency Hearing/Review, CHFS shall complete a Permanency Hearing Report and submit same to the Court 72 hours preceding the Court date.

CRITICAL

A written objection and request for hearing must be filed within 10 days of the date in the Certificate of Service to avoid submission without a hearing.

unless a written objection and request for hearing is filed within ten (10) days of the date contained in the Certificate of Service.

CRITICAL

If no objection is filed within 10 days after service of the summons, petition, and motion, the Court will enter the Status Quo Order.

If no objection is filed within 10 days of service of the Summons, Petition and Motion, the Status Quo Order will be entered by the Court.

CRITICAL

The joint statement must be submitted within 10 days after mediation terminates.

This statement shall be submitted within 10 days of the termination of mediation .

CRITICAL

The course-completion certificate must be filed within ten days after the litigant completes the required course.

Domestic Facilitator Group personnel shall file with the Clerk of the Court, to be placed in the litigants' case file, a Certificate showing successful course completion by the litigant within Ten (10) days after the litigant's successful completion of the required course

CRITICAL

A Domestic Relations schedule must be filed within 15 days after a petition is filed.

A Domestic Relations schedule shall be filed within fifteen (15) days from the filing of a petition .

CRITICAL

If no pretrial order is entered at the conference, attorneys must submit it no later than 10 days after the conference.

If a pretrial order is not entered at the time, the attorneys shall be responsible for preparation and submission of a pretrial order, incorporating the Court's rulings, agreements or stipulation of the parties and any other matter designated by the Court not later than 10 days following the pretrial conference.

CRITICALCivil cases

Filing a motion for reassignment does not stay other filing obligations, including the CR 12.01 deadline for a responsive pleading or motion.

The filing of a motion for reassignment shall not constitute a stay of any other filing obligation, including the obligation to file a responsive pleading or motion within the timeframe required by CR 12.01.

CRITICAL

Motions under FCRP 201(A) must be filed and noticed at least seven days before the next regularly scheduled motion docket.

All motions pursuant to FCRP 201(A) shall be filed and noticed for hearing no less than seven (7) days from the date of the next regularly scheduled motion docket.

CRITICAL

An entry and appearance must not be signed before the petition is filed.

No entry and appearance shall be signed prior to the filing of a petition.

CRITICALCivil cases

A motion for reassignment must be filed within the timeframe for serving an answer or response to the complaint.

The motion for reassignment shall be limited to five pages in length and shall be filed within the same timeframe required for serving an answer or response to the complaint.

WARNINGCivil cases

A plaintiff may file an objection stating its basis within the time required by CR 12.01.

A plaintiff objecting to the reassignment of the case to the Business Court Docket may, within the timeframe required by CR 12.01, file an objection setting forth the basis therefore.