Henry County Circuit Court, Kentucky Filing Timing and Cure Windows

CRITICAL

B. Motions shall be "filed" with the Clerk's office by 4:00 P.M. if filing in person or by 11:59 P.M. if e-filing, per the following schedule: For Motion Hour on a Monday, file by preceding Monday. For Motion Hour on a Tuesday, file by preceding Tuesday. For Motion Hour on a Wednesday, file by preceding Wednesday. 4. For Motion Hour on a Thursday, file by preceding Thursday. For Motion Hour on a Friday, file by preceding Friday.

B. Motions shall be "filed" with the Clerk's office by 4:00 P.M. if filing in person or by 11:59 P.M. if e-filing, per the following schedule: For Motion Hour on a Monday, file by preceding Monday. For Motion Hour on a Tuesday, file by preceding Tuesday. For Motion Hour on a Wednesday, file by preceding Wednesday. 4. For Motion Hour on a Thursday, file by preceding Thursday. For Motion Hour on a Friday, file by preceding Friday.

CRITICAL

Immediately upon filing, the Petitioner shall obtain a pretrial date directly from the Court and shall serve a copy of the Order setting the pretrial date upon the parents and GAL with the Petition and Summons.

Immediately upon filing, the Petitioner shall obtain a pretrial date directly from the Court and shall serve a copy of the Order setting the pretrial date upon the parents and GAL with the Petition and Summons.

CRITICAL

If the courthouse is closed on a scheduled filing day, the motion must be filed by 4:00 p.m. on the prior business day.

C. In the event the Courthouse is closed on the above days, the motion shall be filed by 4:00 p.m. on the prior business day.

CRITICAL

Default-judgment motions for failure to plead or defend stand submitted upon filing and are not noticed for motion hour, unless the Court determines a hearing is necessary.

Motions for Default Judgment for failure to plead or otherwise defend, as provided by the Rules of Civil Procedure, shall stand submitted upon filing and shall not be noticed for motion hour; however, if the Court determines that a hearing is necessary under CR 55.01, a hearing date will be assigned.

CRITICAL

Mailed or e-mailed motions are not recognized until the original is received and filed in the record by the appropriate Circuit Clerk.

mailed or e-mailed motions shall not be recognized by the Court until the original is received and filed in the record by the appropriate Circuit Clerk.

WARNING

The clerk will assign a case number on the next working day.

next working day at which time the clerk will assign a case number.

INFO

In emergencies outside normal business hours, the listed law enforcement officers, attorneys, crisis centers, and shelters are authorized to provide and verify domestic violence petitions.

Pursuant to KRS 403.725(4) and KRS 456.030(4), all law enforcement officers, Commonwealth's Attorneys, County Attorneys, regional rape crisis centers, or domestic violence shelters are authorized to provide and verify domestic violence petitions in emergencies arising outside normal business hours of the Circuit Clerk's offices.

CRITICAL

If no oral argument is requested, the moving party must notify the Court by correspondence or AOC-280 that the matter is ready for final submission and adjudication seven days after briefing closes.

If no oral argument is requested then seven (7) days after the close of the briefing, the moving party shall notity the Court the matter is ready for final submission and adjudication by correspondence or AOC-280.

CRITICAL

Applies to

Dispositional report

Dispositional reports must be filed one week before the dispositional hearing.

All dispositional reports) shall be filed one (1) week in advance of the dispositional hearing.

CRITICAL

Unless the Court directs otherwise, requests to docket a case and notices of motions must be filed at least 7 days before the Motion Docket.

Unless otherwise directed by the Court, all requests to docket a case and notice of all motions must be electronically served upon opposing counsel and filed at least 7 days prior to the Motion Docket.

CRITICAL

The Master Commissioner must sell the property within 90 days after the referral order, except that vacant-and-abandoned property is sold under KRS 426.205.

(a) The Master Commissioner of the Oldham/Henry/Trimble Circuit Court shall sell the property within ninety (90) days after the date of the order of referral except that property found to be "vacant and abandoned" shall be sold in accordance with KRS 426.205.

CRITICAL

The petitioner must obtain a pretrial date by filing a motion noticed for the first available motion hour occurring 21 days after filing.

In accordance with FCRPP 32(1), the petitioner shall obtain a pretrial date by filing a motion noticed for the first available motion hour occurring 21 days post filing.

CRITICAL

Counsel must file and serve motions for judgment on a defendant's cross-claims at least seven days before the noticed Judgment and Order of Sale motion date.

All motions for Judgment on any Defendant's cross-claims must be filed and served by counsel not less than seven (7) days prior to the date noticed for the Judgment and Order of Sale motion.

CRITICAL

The listed motions may be considered off docket and stand submitted unless a written objection and hearing request is filed within seven days of the date on the motion's Certificate of Service.

The following motions may be filed for consideration off docket at the Court's convenience and shall stand submitted to the Court unless a written objection and request for hearing is filed within seven (7) days of the date shown on the Certificate of Service of the motion: Motion for Appointment of Guardian ad Litem Motion to Request for Approval of Guardian ad Litem fee Motion for Wage Assignment pursuant to KRS 403.215 and KRS 405.465 4. Motion to Submit to DNA testing.

CRITICAL

Except as provided for Judicial Sales, the specified motions must be noticed, served, and filed at least ten days before the Motion Docket hearing and must be accompanied by a memorandum of authority.

Except as set forth in these Rules for Judicial Sales, all Motions for Summary Judgment, for Judgment on the Pleadings, to Dismiss, to Strike, and under CR 12.02 shall be noticed, served, and filed at least ten (10) days prior to the date to be heard on Motion Docket with a memorandum of authority.

CRITICAL

During regular work hours, a verified DVO or IPO petition must be filed at the Circuit Clerk's Office in the county where the petitioner resides or fled to escape domestic violence and abuse.

A. Per KRS 403.725 and 456.030, during regular work hours, a verified petition for Domestic Violence Order (DVO) of protection or Interpersonal Protective Order (IPO) shall be filed at the Circuit Clerk's Office in the county where petitioner resides or in the county to which Petitioner has fled to escape domestic violence and abuse.

CRITICAL

CHFS or other agency reports must be filed within 90 days after the petition is filed.

Any reports from the CHFS or other agencies shall be filed within (90) days of the filing of the petition, as stated in KRS 199.510.

CRITICAL

A hearing must be held within 60 days of a motion for a trial date.

A hearing shall be held within sixty (60) days of a motion for a trial date.

CRITICAL

Additionally, the Court may Order the Parties to submit a pre-trial memorandum outlining the issues to be tried before the Court in advance of the trial date. Said pre-trial memorandum shall be on a form to be supplied by the Court with the entry of the Order setting pre-trial deadlines and the filled-in memorandum shall be filed as a legal pleading by the deadline prescribed by the Court.

Additionally, the Court may Order the Parties to submit a pre-trial memorandum outlining the issues to be tried before the Court in advance of the trial date. Said pre-trial memorandum shall be on a form to be supplied by the Court with the entry of the Order setting pre-trial deadlines and the filled-in memorandum shall be filed as a legal pleading by the deadline prescribed by the Court.

CRITICAL

Applies to

Petition

If not filed with the emergency custody order, the petition must be filed with the clerk within 72 hours of taking the child into custody in the same case file as the order and affidavit.

C. If not filed with the emergency custody order, a petition shall be filed with the clerk within 72 hours of taking the child into custody in the same case file as the emergency custody order and affidavit.

CRITICAL

A party taking exception to the sale report must file its exceptions within ten days after the report is filed.

Any party taking exception to the Report of Sale shall, within ten (10) days from filing of Report of Sale, file in Court and serve a copy of his exceptions on all parties entitled to notice, and on the Master Commissioner.

CRITICAL

Motions may not be filed on the morning of trial unless the Court grants leave.

No motions may be filed the morning of the trial without leave of the Court.

CRITICAL

Unless the Court directs otherwise, cases must be placed on the Motion Docket at least seven days before the regular Motion Docket.

Unless otherwise directed by the Court, all cases must be placed on the Motion Docket at least seven (7) days prior to the regular Motion Docket.

CRITICAL

Deadline

3 business days

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

No later than three business days after the date of sale, the Master Commissioner shall file in Court his report of the sale and serve a copy on each party entitled to notice.

CRITICAL

The pre-trial memorandum must be submitted 14 days before the trial date.

Petitioner's OR Respondent's (check one) Pre-trial Memorandum (to be submitted 14 days prior to trial date)

CRITICAL

Counsel must tender the necessary final paperwork and proposed orders, including Findings of Fact and Judgment of Adoption, 14 days before the hearing, unless the Court orders otherwise.

Counsel shall tender all necessary final paperwork and proposed orders to the Court fourteen days prior to the hearing for review, including Findings of Fact and Judgment of Adoption except as otherwise ordered by the Court.

CRITICAL

An objection to the Trial Order must be noticed and heard at a motion hour before trial or it is waived.

6. Any objection to this Order must be noticed and heard before on a motion hour prior to the date of the trial or said objection shall be deemed waived.

CRITICAL

The required pretrial filings and exchanges are due at least fourteen days before the trial date.

2. At least fourteen (14) days in advance of the trial date, each party shall file and exchange the following information: a. A pretrial memorandum on the form supplied by the Court outlining all issues in dispute to be tried; b. A list of all witnesses that may be called to testify; and c. A list of all exhibits that may be introduced.

CRITICAL

The listed motions must be noticed for motion hour and filed seven days before the requested date.

The following motions shall be noticed for motion hour and shall be filed seven (7) days prior to the requested date: 1. Motion to Establish Child Support 2. Motion to Establish Parenting Time 3. Motion to Modify, Suspend, or Terminate Child Support 4. Motion to Determine Child Support Arrearage Motion for Contempt 6. Motion for Summary Judgment Motion for Judgment of Paternity.

CRITICAL

The transport order for an incarcerated subpoenaed witness must be submitted to the Court at least seven days before the desired appearance.

If any subpoenaed witness is incarcerated, the party on whose behalf the witness is to testify shall submit a transport order, with appropriate times and locations, to the Court at least seven (7) days in advance of the desired appearance.

CRITICAL

A defendant who does not reduce claims to judgment within the stated timeframe is limited to the specified fees, principal, and interest, and any other claim not submitted for judgment will be dismissed.

Any Defendant who does not reduce their claims to Judgment within the above time frame will be limited to pre-litigation fees per KRS 134.452, principal, and interest. Any other claim not submitted for judgment will be dismissed.

CRITICAL

Motions filed after the stated deadlines will be rejected and must be re-noticed for the next docket.

D. Any Motions filed after the deadlines established herein shall be rejected by the clerk and will have to be re-noticed for the next docket.

CRITICAL

Motions for default or summary judgment and an Order of Sale must be filed at least 30 days before the noticed hearing date.

(c) Motions for Default and/or Summary Judgment and Order of Sale shall be filed not less than thirty (30) days before the date noticed for hearing of the motion.

WARNING

Either party may request oral argument within seven days after the pleadings close.

Within seven (7) days from the close of the pleadings, either party may make a request for an oral argument.

WARNING

If trial is rescheduled, the Trial Order and all its scheduling requirements continue to apply to the new date.

8. In the event the trial is rescheduled, this Trial Order remains in effect and in all scheduling requirements contained herein shall be applicable to the rescheduled date.

WARNING

C. Motions to hold a Party in contempt for violation of the terms or conditions of a protective order should be noticed for the motion hour docket in the county in which the case is pending. Such motions should be filed at least seven (7) days in advance of the motion hour in a manner consistent with Rule 203 herein.

C. Motions to hold a Party in contempt for violation of the terms or conditions of a protective order should be noticed for the motion hour docket in the county in which the case is pending. Such motions should be filed at least seven (7) days in advance of the motion hour in a manner consistent with Rule 203 herein.

WARNING

All time periods are calculated in calendar days unless otherwise specified.

Time calculations: For the purpose of calculating times, all days are calendar days unless otherwise specified.

WARNING

The Commonwealth may respond in writing to the motion within ten days after it is presented at the initial hearing.

The Commonwealth shall have the opportunity to respond in writing to the motion within ten (10) days of the presentation of the motion at the initial hearing.

INFO

A defendant may file a Motion to Enter a Guilty Plea at any time before trial, and it will be heard on the presiding judge's next available criminal docket.

At any time prior to trial, a defendant who wishes to resolve his/her case by entering a guilty plea may do so by filing a Motion to Enter a Guilty Plea to be heard on the presiding judge's next available criminal docket.