Greenup Circuit Court Filing Timing and Cure Windows

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

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

Applies to

Motion

If the Greenup or Lewis Family Court is closed Friday, motions for a Motion Hour must be filed and clocked by 4:30 p.m. on the preceding Thursday; later motions are automatically passed to the next Motion Hour.

If the Greenup Family Court or Lewis Family Court is closed Friday, motions shall be filed and clocked no later than 4:30 p.m. on the preceding Thursday with copies to be mailed, hand delivered or sent by electronic transmission. All motions filed after 4:30 p.m. on such Thursday shall be automatically passed to the next Motion Hour.

CRITICAL

Applies to

Motion

All motions to be heard at the Greenup Family Court Motion Hour or the Lewis Family Court Motion Hour shall be filed and clocked no later than 4:30 p.m. on the preceding Friday with copies to be mailed, hand delivered or sent by electronic transmission. All motions filed after 4:30 p.m. on such Friday shall be automatically passed to the next Motion Hour.

All motions to be heard at the Greenup Family Court Motion Hour or the Lewis Family Court Motion Hour shall be filed and clocked no later than 4:30 p.m. on the preceding Friday with copies to be mailed, hand delivered or sent by electronic transmission. All motions filed after 4:30 p.m. on such Friday shall be automatically passed to the next Motion Hour.

WARNING

Agreed orders, judgments, and in forma pauperis motions may be submitted at any time and should not be placed on the Motion Day docket.

Agreed orders and judgments, and in forma pauperis motions, may be submitted to the Court at any time and should not be placed on the Motion Day docket .

WARNING

Petitions should be reviewed within an hour of presentation to a judge or trial commissioner, unless none is available.

Petitions should be reviewed within an hour of presentation to a judge or trial commissioner unless impossible due to no judge or trial commissioner being available.

CRITICAL

Applies to

Motion

Defense counsel must submit expected written motions by the Trial Management Conference; later motions require Court leave and one of the stated grounds.

The attorney appearing for the Defendant at arraignment, unless otherwise relieved, shall be in attendance at the Trial Management Conference, and shall submit such written motions as the attorney shall expect to offer in the case. No additional motions may be offered after the Trial Management Conference, except by leave of the Court, upon a showing of excusable neglect, or 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 the Trial Management Conference, or in the interest ofjustice .

CRITICAL

The Commonwealth must file supplemental material by the Trial Management Conference; material reasonably ascertainable before then but filed later is excluded from evidence unless the Court grants leave for good cause.

The Commonwealth remains under a continual order to file any supplemental material . All supplemental material must be filed by the Trial Management Conference . All supplemental material and information that could have reasonably been ascertained prior to the Trial Management Conference, that is filed after the Trial Management Conference, will not be permitted to come into evidence except upon leave of the Court for good cause shown.

CRITICAL

Deadline

1 hours

The court must review protective-order petitions immediately upon filing, must not send petitioners away or leave them waiting for extended periods, and should review petitions within an hour of presentation unless no judge or trial commissioner is 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 reviewed within an hour of presentation to a judge or trial commissioner unless impossible due to no judge or trial commissioner being available.

CRITICAL

For Lewis County motions, an attorney must file on the Saturday immediately before the first or third Friday motion day; untimely motions will not be heard unless the Court gives prior approval.

The Court will conduct motion hour in Lewis County beginning at 9:30 a.m . every first and third Friday. An attorney must file a motion on the Saturday immediately prior to Friday for the Court to hear it. The Court will not hear a motion if untimely fled, unless the Court gives prior approval .

CRITICAL

The Commonwealth must file its plea offer within 14 days after filing its discovery.

The attorney for the Commonwealth shall provide to the Defendant, a recommendation of disposition of the case by filing in the Court record, "Commonwealth's Offer on a Plea of Guilty", AOC Form 491 .1, within fourteen (14) days of filing the Commonwealth's Discovery .

CRITICALCriminal cases

An eligible person may apply for a pretrial diversion order after indictment, but must do so no later than 14 days before trial.

After indictment :n circuit court, and no later than 14' days before trial any eligible person for the program may apply to the Circuit court and the Commonwealth's Attorney for entry of a pretrial diversion order.

CRITICAL

For Greenup County motions, an attorney must file on the Friday immediately before Thursday's motion day; untimely motions will not be heard unless the Court gives prior approval.

The Court will conduct motion hour in Greenup County beginning at 10 :30 a.m. every Thursday . The Court will entertain motions in criminal cases at 1 :30 p.m. An attorney must file a motion on the Friday immediately prior to Thursday for the Court to hear it. The Court will not hear a motion if untimely filed, unless the Court gives prior approval .

CRITICAL

The Commonwealth must file its written statement about withheld contents at the same time it files the Prosecutor's file contents.

In the event the Commonwealth withholds any material contents in its file, under a claim of same being non-discoverable, the Commonwealth shall state so in writing, at the time the Prosecutor's file contents are filed with the Court.

CRITICAL

Written notice of intent to call the expert must be given 30 days before trial.

The defending attorney shall, in writing, notice the court and the Commonwealth thirty (30) days prior to trial of the defending attorney's intent to call the expert as a witness.

CRITICAL

Motions must be filed with the clerk by close of business on the Friday before the hearing, unless the Court approves a later filing.

All motions must be filed with the clerk by the close of business on the Friday immediately prior to the day they are to be heard, unless there is approval from the Court to file a motion after that time.

CRITICAL

All parties must file the Trial Management Report by the date indicated in paragraph 3 of the order.

All parties shall file with the court a Trial Management Report the date indicated in paragraph 3 of this order .

CRITICAL

Should the Defendant accept the proposal, at the Trial Management Conference, Defense Counsel shall submit to the Court, "Motion to Enter Guilty Plea, form AOC-491, or other applicable forms, signed by the Defendant, and Defense Counsel .

Should the Defendant accept the proposal, at the Trial Management Conference, Defense Counsel shall submit to the Court, "Motion to Enter Guilty Plea, form AOC-491, or other applicable forms, signed by the Defendant, and Defense Counsel .

CRITICAL

A Guardian ad Litem must file an answer or a report stating inability to present a defense within 60 days of appointment.

Within sixty (60) days of the appointment, the Guardian ad Litem shall file an 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.

CRITICAL

All parties must complete discovery exchange, submit the Trial Management Report, and provide the listed items by the date specified in the order.

IT IS FURTHER ORDERED THAT ALL PARTIES WILL COMPLETE ALL EXCHANGE OF DISCOVERY, SUB:~`_Z 1 THE `l'RIAL MANAGEMENT REPORT AND OTHER ITEMS LISTED BELOW BY THE 195

CRITICAL

The Commonwealth must file the discoverable portion of the Prosecutor's file within 14 days of arraignment.

The Commonwealth shall file with the Court, a copy of the discoverable portion of the contents of the Prosecutor's file for the use and inspection ofthe Defendant, within fourteen (14) days of arraignment

WARNING

Failure to file an answer or report within 60 days of notification of appointment may result in sanctions and removal from the applicable attorney list.

The failure of the Guardian ad Litem or Military Attorney to file an answer or report within sixty (60) days of notification of appointment may result in sanctions being imposed against the attorney and removal from the Greenup/Lewis Family Court Guardian Ad Litem or Military Attorney List.

WARNING

A. At least ten (10) days before the date of hearing in any contested matter as to division of marital property. there should be filed with the Court an itemized list of all property in dispute stating :

A. At least ten (10) days before the date of hearing in any contested matter as to division of marital property. there should be filed with the Court an itemized list of all property in dispute stating :