Hardin Circuit Court Filing Timing and Cure Windows

CRITICALCriminal cases

When any listed document is used, Mental Health Court staff must file a copy with the appropriate clerk for the underlying criminal-offense record.

Upon utilization of any of the following documents, a copy of such document(s) shall be filed by the Mental Health Court staff with the appropriate court clerk for entry into the court record of the underlying criminal offense: - a. Order referring to Mental Health Court - b. Notice of Eligibility; - c. Order transferring to Mental Health Court; - d. Affidavit of Violations; and, - e. Orders of Termination, graduation, or administrative discharge.

CRITICAL

A motion to be heard at Motion Hour must be filed with the Clerk by 3:00 p.m. on the preceding Wednesday.

Each motion to be heard at Motion Hour shall be filed with the Clerk no later than 3:00 p.m. on the Wednesday immediately preceding the Rule Day for which the motion has been noticed.

CRITICAL

Motions for a Motion Day must be filed by 3:00 p.m. on the preceding Wednesday, although the judge may place a later-filed motion on the docket.

Each motion to be heard on a Motion Day shall be filed with the Clerk no later than 3:00 p.m. on the Wednesday immediately preceding the Motion Day for which the motion has been noticed. Any motion filed after 3:00 p.m. may be placed on the docket at the discretion of the presiding Judge.

CRITICAL

Petitions must be reviewed within an hour after presentation to a judge or trial commissioner, unless no judge or trial commissioner is available.

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.

INFO

The requesting party may file the Status Quo Order, AOC-237, with the Court when filing a motion.

The requesting party may file the Status Quo Order, AOC-237, with the Court upon the filing of a motion.

CRITICAL

Motions to be heard at Motion Hour must be filed by 3:00 p.m. on the preceding Wednesday unless good cause is shown.

Except for good cause shown, all motions to be heard at Motion Hour must be filed no later than 3:00 p.m. on the Wednesday immediately preceding the Motion Hour.

CRITICAL

The required witness and exhibit list must be filed no later than ten days before the trial or hearing date.

No later than ten (10) days prior to the trial/hearing date, each party shall file with the Clerk of this Court a list of names and addresses of all witnesses (excepting parties) to be used by them at the hearing, together with an itemized list of exhibits proposed to be introduced as evidence which shall be shown by certificate of attorney.

CRITICAL

A post-judgment motion for a rule concerning violation of an order or judgment must be filed with the Clerk at least ten days before the Rule Day on which it will be heard.

2. Post-Judgment Proceedings - A post-judgment motion for a Rule for failure to abide by the provisions of any order or judgment must be filed with the Clerk no later than ten days prior to the Rule Day on which the motion is to be heard.

CRITICAL

The Court must set a hearing date within three days after the petition is filed, with the hearing no more than 30 calendar days after filing unless good cause exists.

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

CRITICAL

Attorneys seeking payment for appointed representation in a termination of parental rights case shall submit a FINGAL-1 to the court no later than fourteen days (14) after the entry of a disposition hearing order. Any FINGAL-1 submitted after this deadline may be refused.

Attorneys seeking payment for appointed representation in a termination of parental rights case shall submit a FINGAL-1 to the court no later than fourteen days (14) after the entry of a disposition hearing order. Any FINGAL-1 submitted after this deadline may be refused.

CRITICAL

Motions in dependency, neglect, or abuse matters, other than contempt motions, must be filed one week before the court date.

Any motion, except contempt, filed in a dependency, neglect or abuse shall be filed one week in advance of the court date.

CRITICAL

A post-judgment motion for failure to abide by an order or judgment must be filed at least ten days before the Rule Day hearing.

A post-judgment motion for a Rule for failure to abide by the provisions of any order or judgment must be filed with the clerk no later than ten (10) days prior to the Rule Day on which the motion is to be heard.

CRITICAL

The witness, damages, and exhibit lists must be filed with the Clerk by 30 days before trial.

On or before 30 days prior to said trial date, each party shall file with the Clerk of this Court a list of names and addresses of all witnesses (excepting parties) to be used by them at the trial, together with an itemized list of all damages, identifying both type and amount, proposed to be proven at trial and a list of all exhibits proposed to be introduced as evidence, which shall be shown by certificate of attorney.

CRITICAL

A motion filed on the Status “J” docket, other than a contempt motion, must be filed one week before the court date.

Any motion, except contempt, filed on the Status “J” docket shall be filed one week in advance of the court date.

CRITICAL

If the genetic report excludes the defendant, a motion for additional testing must be filed before the 30-day period after the exclusionary report is filed expires to avoid dismissal.

Pursuant to FCRPP 13(3), in cases in which the genetic test report excludes the defendant from paternity, the Court after the expiration of thirty (30) days from the date of the filing of the exclusionary report, shall enter an order of dismissal in favor of the defendant unless a motion for additional testing is filed prior to the expiration of the thirty (30) days.

CRITICAL

All reports in dependency, neglect, and abuse cases must be forwarded to the Court at least 72 business hours before the hearing.

The Court requires all reports in dependency, neglect and abuse cases to be forwarded to the Court no later than 72 business hours prior to the hearing.

CRITICAL

Final Verified Disclosure Statements must be filed at least 14 days before any scheduled final hearing.

Final Verified Disclosure Statements (FVDS) shall be filed no later than 14 days prior to any scheduled final hearing.

CRITICAL

Proposed jury instructions must be filed with the Court by 7 days before trial.

On or before 7 days prior to said trial date, each party shall file with the Court and serve on counsel for all adverse parties proposed jury instructions.

CRITICAL

An updated Verified Financial Disclosure Statement must be filed at least five days before mediation, and copies of it and any requested case statement or materials must be provided to the mediator on the filing day.

Counsel for each party or a party, if pro se, shall file an updated Verified Financial Disclosure Statement no less than 5 days prior to the mediation conference and, on the day of filing, shall provide, to the mediator, a copy of the Verified Financial Disclosure Statement and a copy of any statement of the case or other materials requested by the mediator.

CRITICAL

The Petitioner must file the original genetic report within 30 days of receiving it in support of a motion to dismiss, set the case for trial, or seek summary judgment.

Pursuant to FCRPP 13(2), within thirty (30) days of receipt of the genetic report, the Petitioner shall file the original report with the Court in support of a motion to dismiss, to set for trial, or for summary judgment.

CRITICAL

Appointed attorneys must file adoption-case pay orders within 14 days after the final hearing; failure to do so may result in partial or total denial.

No later than fourteen days (14) after the conclusion of the final hearing in an adoption case, appointed attorneys shall file respective pay orders. Failure to tender or file said pay orders may result in the pay order being denied in part or in total.

CRITICAL

A mediation agreement must be filed with the Court within five days after the mediation session concludes.

Said agreement shall be filed with the Court within 5 days of the conclusion of the mediation session.

CRITICAL

The final review must be scheduled on a Motion Hour within 60 days before the diversion expires.

A final review date shall be set on a Motion Hour within sixty (60) days prior to the expiration of the diversion.

CRITICAL

If no objection is filed, the case stands submitted seven days after the hearing on the motion to submit.

If no objection is filed, the case shall stand submitted seven (7) days after the hearing on the motion to submit.

CRITICAL

Within 60 days of appointment, the Guardian ad Litem or Military Attorney must file either an answer or a report that the Respondent is unable to present a defense.

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

CRITICAL

Parties must supplement required responses under CR 26.05 no later than 30 days before the hearing or trial date.

B. It shall be the duty of the party to supplement all required responses in accordance with CR 26.05 not later than thirty (30) days prior to the hearing date or trial date.

CRITICAL

Discovery must be completed 30 days before the final trial date.

A. Discovery shall be completed thirty (30) days prior to the final trial date.

CRITICAL

Motions on the Paternity/Child Support “J” docket must be filed one week before the court date.

Any motion filed on the Paternity/Child Support “J” docket shall be filed one week in advance of the court date.

CRITICAL

Deadline

3 business days

The Master Commissioner must file the report of sale with the Clerk no later than three business days after the sale.

The Master Commissioner shall file a report of sale with the Clerk no later than three business days after the date of sale pursuant to AP Part IV. Sec. 5.

CRITICAL

Deadline

5 business days

The Master Commissioner must execute and deliver the deed within five business days after the sale is confirmed, the deed is approved, and the applicable costs and purchase-price conditions are satisfied.

(4) The Master Commissioner shall execute and deliver the deed to the purchaser of the property no later than five business days after the court has confirmed the sale and approved the deed and all costs, fees, and other required amounts due and owing, if any, have been paid by the foreclosing mortgagee or lienholder or the purchase price has been paid in full by the third party purchaser.

CRITICAL

The Clerk's submission of the diversion dismissal order must be scheduled within 10 days after the diversion expires.

The submission of that order by the Clerk shall be scheduled to occur within ten (10) days after the expiration of the diversion.

CRITICAL

If no objections or exceptions are filed, the report is automatically submitted to the presiding judge on the eleventh day after notice is served.

If no objections or exceptions are filed, the report will be automatically submitted to the presiding judge on the eleventh day after the notice of the report was served on the parties.

CRITICAL

Attorneys seeking payment for appointed representation must submit a FINGAL-1 within six months after entry of the disposition hearing order; a late submission may be refused.

Attorneys seeking payment for appointed representation in a dependency, neglect and abuse case shall submit a FINGAL-1 to the court no later than 6 months after the entry of a disposition hearing order. Any FINGAL-1 submitted after this deadline may be refused.

CRITICALCriminal cases

Staff must complete and submit the assessment, Notice of Eligibility, and other pertinent information to the Mental Health Court team before the defendant’s next scheduled court appearance.

The assessment, the Notice of Eligibility form, and any other pertinent information regarding the defendant shall be completed and submitted to the Mental Health Court team prior to the defendant’s next scheduled court appearance.

CRITICAL

The specified paternity, child-support, juvenile, dependency, neglect, abuse, and domestic-violence matters must be filed one week before their docket unless good cause is shown and advance permission is obtained from the Family Court Judge.

All matters involving paternity and child support connected with a paternity case/child support, juvenile status, dependent, neglected or abused, and domestic violence will be filed one week in advance of the docket set for such matters, unless good cause is shown and advance permission is obtained from the Family Court Judge.

CRITICAL

The responding party has seven days to file a similar statement or object to the motion to submit.

The responding party shall have seven (7) days in which to file a similar statement or object to the motion to submit.

WARNING

Failure to file the FVDS within five days before the final hearing may result in a continuance, at the presiding Family Court Judge’s sole discretion.

Failure to file the Final Verified Disclosure Statement (FVDS), within 5 days prior to the final hearing, may, at the sole discretion of the presiding Family Court Judge, result in a continuance of any scheduled hearing.

WARNING

The parties are expected to address pretrial issues at the conference and file in advance any written motions for consideration there.

The parties will be expected to address pretrial issues at a pretrial conference and file written motions to be considered in advance of the pretrial conference.