Henderson Circuit Court Filing Timing and Cure Windows

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

CRITICAL

Motions filed by Wednesday noon before a motion day are docketed for that motion day; later motions are docketed for the following motion day unless the parties agree otherwise.

The Clerk shall keep a motion docket in which there shall be docketed, in order, all motions filed with the Clerk no later than Wednesday NOON preceding the next motion day . Any motions filed thereafter shall be docketed on the following motion day unless otherwise agreed by the parties .

CRITICAL

If the court is closed on Thursday or Friday, motions under HFRP 201 A must be filed and clocked by 4:30 p.m. on the preceding Tuesday.

If the Henderson Family Court is closed on Thursday or Friday, motions pursuant to HFRP 201 A. shall be filed and clocked no later than 4:30 p.m. on the preceding Tuesday

CRITICAL

Motions other than those listed in subsection 203 C must be filed by noon C.S.T. on the preceding Wednesday.

A. All motions except those listed in 203 C. below shall be filed no later than 12:00 noon C.S.T. on the preceding Wednesday

CRITICAL

Non-emergency Dependency, Neglect and Abuse and Status Offense motions must be filed and noticed by noon at least one week before the court date.

C. All non-emergency Dependency, Neglect and Abuse, and Status Offense motions shall be filed and noticed no later than 12:00 noon at least one week preceding the Court date, with copies being mailed or hand-delivered to opposing party or counsel or placed with a process server by 4:30 p.m. on that same date.

CRITICAL

If a continuance is obtained, the party seeking it must re-file the motion.

If a continuance is obtained, whether it be by agreement or not, the party seeking the continuance shall re-file the motion

WARNING

Proposed jury instructions filed with the Clerk are not part of the official record unless a party re-submits or tenders them, or portions of them, to the Court at the conclusion of all evidence.

Such instructions are to be filed with the Clerk of the Court but shall not be deemed to constitute a part of the official record and tendered instructions on behalf of a party unless and until a party re-submits or tenders such instructions, or portions thereof, to the Court at the conclusion of all evidence on the trial of the case

CRITICAL

Motions filed after noon on the preceding Wednesday are automatically passed to the next Motion Hour.

All motions filed after 12:00 noon on such Wednesday shall be automatically passed to the next Motion Hour.

CRITICAL

Plaintiff's counsel must submit the trial-problems memorandum at least 7 days before the pretrial conference.

Not less than 7 days before the pretrial conference, plaintiff's counsel shall submit a memorandum brief on any unusual problems anticipated to arise in the trial of the action

CRITICAL

Proposed jury instructions must be submitted to the Court on or before the pretrial conference.

On or before the pretrial conference, submit to the Court proposed jury instructions, together with sufficient copies to be served upon opposing counsel

CRITICALCriminal cases

An eligible person may apply for a pretrial diversion order after indictment, but must apply no later than 30 days before trial.

After indictment in circuit court, and no later than thirty (30) 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

The required disclosure statement and contested-matter resolution must be delivered at least five days before the Case Management Conference.

The AOC-239, Final Verified Disclosure Statement, and a proposed resolution of all suite 301, Henderson County Judicial Center, at least 5 days before the Case contested matters shall be faxed, emailed or hand-delivered to Henderson Family Court, Management Conference.

CRITICAL

Deadline

5 working days

Counsel for the successful party must prepare an order conforming to the announced order, judgment, or jury verdict within five work days, unless the judge directs otherwise.

In all civil and criminal cases in which a verbal order or judgment is announced by the Judge, and in the case of a jury verdict, an order or judgment in conformity therewith shall be prepared by counsel for the successful party within five (5) work days after the order or verdict, unless directed otherwise by the Judge .

CRITICAL

A response to a motion must be filed with the Clerk before the hearing date unless the Court sets a different time.

the response to any motion shall be in similar form and shall be filed with the Clerk prior to the date set for the hearing of the motion unless a different time is fixed by the Court .

CRITICAL

Signed judgments and orders of sale must be sent to the Master Commissioner's office within ten days of the Judge's signature.

All signed Judgments and Orders of Sale must be sent to the Master Commissioner's office within ten days of the Judge's signature

CRITICAL

Motions filed after noon on Tuesday are passed to the next Motion Hour.

All motions filed after 12:00 noon on Tuesday shall be passed to the next Motion Hour.

CRITICAL

The AOC-238 Preliminary Verified Disclosure Statements must be delivered at least five days before the Case Management Conference.

Parties must deliver the AOC-238, Preliminary Verified Disclosure Statements, to the Court at least five days prior to the Case Management Conference.

CRITICAL

Motions filed after the deadline are passed to the docket's next scheduled Motion Hour.

All motions filed after the deadline shall be passed to the docket's next scheduled Motion Hour.

CRITICAL

Pursuant to FCRPP 15(3), when the genetic test report excludes the defendant from the filing of the exclusionary report, will enter an order of dismissal in favor of the defendant paternity of the child, the Court, after the expiration of thirty (30) days from the date of the unless a motion for additional testing pursuant to KRS 406.091 is filed prior to the expiration of the thirty (30) days.

Pursuant to FCRPP 15(3), when the genetic test report excludes the defendant from the filing of the exclusionary report, will enter an order of dismissal in favor of the defendant paternity of the child, the Court, after the expiration of thirty (30) days from the date of the unless a motion for additional testing pursuant to KRS 406.091 is filed prior to the expiration of the thirty (30) days.

CRITICAL

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, a motion for trial, or a motion for summary judgment.

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, a motion for trial, or a motion for summary judgment.

WARNING

Defendant's counsel may, if desired, reply to the memorandum brief within 4 days prior to the pretrial conference.

defendant's counsel may, within 4 days prior to the pretrial conference, reply thereto should he or she desire