Gallatin County Circuit Court, Kentucky Filing Timing and Cure Windows

CRITICAL

All motions pursuant to B/GFCR Rule 2, except emergency or ex-parte motions or motions with other timeframes under the FCRPP or appropriate statute, shall be filed and clocked with the Boone/Gallatin Circuit Clerk's Office, and notice served upon the opposing party (ies), no later than 4:00 p.m. at least seven (7) days in advance of the hearing.

All motions pursuant to B/GFCR Rule 2, except emergency or ex-parte motions or motions with other timeframes under the FCRPP or appropriate statute, shall be filed and clocked with the Boone/Gallatin Circuit Clerk's Office, and notice served upon the opposing party (ies), no later than 4:00 p.m. at least seven (7) days in advance of the hearing.

CRITICAL

Except for the stated exceptions, Gallatin Rule 2 motions must be filed and clocked, with notice served on the opposing parties, by 4:30 p.m. at least seven days before the hearing.

All motions pursuant to B/GFCR Rule 2, except emergency or ex-parte motions or motions with other timeframes under the FCRPP or appropriate statute, shall be filed and clocked with the Gallatin Circuit Clerk's Office, and notice served upon the opposing party (ies), no later than 4:30 p.m. at least seven (7) days in advance of the hearing.

CRITICAL

Except for the stated exceptions, Rule 2 motions in Gallatin County must be filed and clocked, with notice served on the opposing parties, by 4:30 p.m. at least seven days before the hearing.

All motions pursuant to B/GFCR Rule 2, except emergency or ex-parte motions or motions with other timeframes under the FCRPP or appropriate statute, shall be filed and clocked with the Gallatin Circuit Clerk's Office, and notice served upon the opposing party(ies), no later than 4:30 p.m. at least seven (7) days in advance of the hearing.

CRITICAL

The court must review a protective-order petition immediately after it is filed.

The Court shall review a petition for a protective order immediately upon its filing.

CRITICAL

Except for the stated exceptions, Rule 2 motions must be filed and clocked with the Boone Circuit Clerk by 4:00 p.m. at least seven days before the hearing.

All motions pursuant to B/GFCR Rule 2, except emergency or ex-parte motions or motions with other timeframes under the FCRPP or appropriate statute, shall be filed and clocked with the Boone Circuit Clerk's Office no later than 4:00 p.m. at least seven (7) days in advance of the hearing.

CRITICAL

Motions for a Boone Tuesday Motion Docket must be filed and received by noon on the preceding Thursday.

All motions noticed to be heard at the call of any regular Motion Docket shall be filed and received in the Circuit Clerk's Office not later than 12:00 noon on the preceding Thursday for call on the Tuesday Motion Docket for Boone and the preceding Monday for call on the Friday Motion Docket for Gallatin.

CRITICAL

Pleadings and other papers must be presented to the Court on the scheduled hearing date.

All pleadings and other paper shall be presented to the Court at the scheduled hearing date and shall be in writing, typewritten in black type not smaller than 12 point pursuant to CR 7.02.

CRITICAL

A personal representative must file two copies of an inventory with the Probate clerk within two months after qualifying.

A personal representative shall file an inventory in duplicate with the Probate clerk within two (2) months from the time of qualifying as said personal representative.

CRITICAL

Opposing counsel may object only that the order or judgment does not conform to the Court's ruling, and must file the objection as soon as possible.

Opposing counsel shall file an objection only on the basis that the order or judgment is not in conformity with the ruling of the Court as soon as possible.

CRITICAL

If use can reasonably be anticipated, file the relevant portion of an otherwise unfiled document when trial begins, when the motion is filed, or at the time of appeal, as applicable.

If a document not filed pursuant to CR. 5.06 is to be used at trial, or is necessary to a pre-trial or post-trial motion, or is necessary for appellate purposes, the portion of the document to be used shall be filed with the Clerk at the commencement of the trial, or at the time of filing the motion, or at the time of the appeal, if the document's use can be reasonably anticipated.

CRITICAL

Deadline

1 hours

Petitions must be reviewed within an hour of presentation to a judge, unless no judge is available.

Petitions shall be reviewed within an hour of presentation to a judge unless impossible due to no judge being available.

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.

CRITICAL

In Boone and Gallatin Counties, the petition must be filed with the clerk at least two days before the appointment date.

[Boone and Gallatin Counties - the Petition must be filed with the clerk's office at least two days prior to the appointment date.]

CRITICAL

Deadline

1 hours

Petitions must be reviewed within an hour of presentation to a judge unless no judge is available.

Petitions shall be reviewed within an hour of presentation to a judge unless impossible due to no judge being available.

CRITICAL

A party opposing an extension motion must respond within five days after service and state why the extension should not be granted.

The party opposing the motion shall respond within five (5) days of service of the motion, setting forth the reasons why the requested extension should not be granted.

CRITICAL

A case with no pretrial step in the preceding year faces dismissal without prejudice 30 days after notice unless a sufficient verified answer is made or good cause is shown.

The Clerk shall cause a written Notice to be given to each attorney of record, or litigant if prose, of every case in which no pre-trial step has been taken within the last year that the case will be dismissed without prejudice in thirty (30) days for want of prosecution except for good cause shown. The Court shall enter an Order dismissing each case without prejudice at Plaintiff's cost in which no verified answer or an insufficient answer to the Notice is made. 77.02(2).

CRITICAL

A settlement must be filed with the probate clerk at least ten days before the confirmation date.

To be confirmed, a settlement must be filed with the probate clerk at least ten (10) days prior to the confirmation date, to permit the clerk to properly advertise the settlement, if applicable.

CRITICAL

In an action that is not dismissed, pretrial steps must be taken within 30 days or the action will be automatically dismissed.

In each action which is not dismissed, pre-trial steps shall be taken within thirty (30) days or the action will be automatically dismissed and the Court may make such orders as will facilitate the prompt disposition of the action on the calendar for trial or hearing. CR 77.02(2).

CRITICALCriminal cases

An eligible person may apply for pretrial diversion after indictment or entry of criminal information, but must apply no later than 60 days before trial.

After indictment or the entering of a criminal information in Circuit Court, and no later than sixty (60) 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

Appraisal objections must be filed and a hearing arranged before the sale date.

Any party to a suit objecting to an appraisal shall file written objections thereto and shall arrange with the Court to have a hearing thereon prior to the date of sale.

CRITICAL

Interrogatories and production requests may not be filed, and a Request for Admission may be filed only after its response time has passed, unless the Court orders otherwise.

Documents Not to Be Filed. Except as herein provided, the following shall not be filed with the Court unless the Court orders otherwise: a. Interrogatories propounded under CR 33; Requests for Production or Inspection made under CR 34; and c. Requests for Admission propounded under CR 36 unless the time for filing a response thereto has passed, in which event, counsel may file the original Request for Admission previously served.

CRITICAL

An initial Petition and docketing of the case for the appointment of a personal representative, probate of a will or a similar initial proceeding shall be filed with the Probate Division of the District Clerk's office on the date of the hearing and all required fees shall be paid.

An initial Petition and docketing of the case for the appointment of a personal representative, probate of a will or a similar initial proceeding shall be filed with the Probate Division of the District Clerk's office on the date of the hearing and all required fees shall be paid.

WARNING

Allow the opponent three additional days to act on a motion served by U.S. mail or electronic service.

Pursuant to CR 6.05, the parties shall allow three (3) additional days for the opponent to act on any motion served by the U.S. mail or electronic service.

WARNING

A motion to increase a bond should be made when the previous bond is found to be inadequate.

A motion to increase bond should be made whenever it is learned that the previous bond is inadequate.

WARNING

Motions filed fewer than seven days before the hearing may be denied or continued to a date more than seven days after filing, subject to the stated exceptions.

All motions filed less than seven (7) days in advance may be denied as procedurally deficient or continued to a date more than seven (7) days after the filing of the motion absent agreement by the parties, authorization by FRPP or statute, or good cause shown.

WARNING

Motions filed fewer than seven days before the hearing may be denied or continued to a date more than seven days after filing, subject to the stated exceptions.

All motions filed less than seven (7) days in advance may be denied as procedurally deficient or continued to a date more than seven (7) days after the filing of the motion absent agreement by the parties, authorization by FORPP or statute, or good cause shown.

WARNING

Gallatin motions filed fewer than seven days before the hearing may be denied or continued to a date more than seven days after filing, subject to the stated exceptions.

All motions filed less than seven (7) days in advance may be denied as procedurally deficient or continued to a date more than seven (7) days after the filing of the motion absent agreement by the parties, authorization by FCRPP or statute, or good cause shown.

INFO

A motion to reduce a fiduciary's bond may be made after a filed periodical settlement shows that the fiduciary's remaining assets have decreased.

A motion to reduce the bond of a fiduciary may be made any time after a periodical settlement has been filed showing a reduction in the assets remaining in the hands of a fiduciary.