Kenton 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

Petitions will be reviewed within one hour of presentation to a judge or trial commissioner unless it is impossible due to the unavailability of a judge or trial commissioner.

Petitions will be reviewed within one hour of presentation to a judge or trial commissioner unless it is impossible due to the unavailability of a judge or trial commissioner.

CRITICALCivil cases

Applications for the rosters must remain open for 30 days.

12. Applications for the rosters shall be kept open for a period of 30 days.

CRITICAL

Filings for the Second Division motion docket are due by 4:00 p.m. on the preceding Wednesday.

Motion Docket: First and Third Tuesday of each month at 1:00 p.m.. deadline for filing is no later than 4:00 p.m. on the Wednesday prior to the noticed motion docket.

CRITICAL

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

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

CRITICAL

Motions noticed for a regular Monday Motion Docket must be filed and received by the Circuit Clerk no later than noon on the preceding Wednesday.

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 next preceding Wednesday for call on the succeeding Monday Motion Docket.

CRITICAL

Motions for a regular Motion Docket must be filed and received by the Circuit Clerk by noon on the preceding Thursday for Boone Tuesday dockets or Gallatin Monday dockets.

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 next preceding Thursday for call on the succeeding Tuesday Motion Docket for Boone and the succeeding Monday Motion Docket for Gallatin.

CRITICALCivil cases

An objection to a pre-ruling must be made before the motion docket begins at 1:30 p.m.; an objected-to case is set for hearing on the next docket.

An objection must be made before 1:30 p.m. when the motion docket begins. If a pre-ruling is objected to, then the case shall be set for hearing on the next docket.

WARNING

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

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

WARNINGCriminal cases

Defense attorneys are recommended to submit the diversion application to the Circuit Court and prosecutor simultaneously.

It is recommended the defense attorney simultaneously submit an application to the Circuit Court and to the prosecutor.

WARNINGCivil cases

Attorneys should proactively advance the case, including reducing continuances and timely filing necessary pleadings and motions.

Proactively move the case forward if it is in the client's interests, including reducing case continuances and timely filing any necessary pleadings, motions, or

WARNINGCriminal cases

Last-minute diversion applications should be avoided because they may delay trial.

[Last minute filing of an application for diversion may cause delay in the scheduled trial of a case and should be avoided .]

CRITICAL

An original Request for Admission may be filed after the response time and any CR 6.05 extension have expired, provided it contains proof stating the precise service date and manner.

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. No original Requests for Admission shall be filed pursuant to this provision unless the original Requests for Admission contain an appropriate proof of service bearing the precise date and manner of service upon the party requested to admit and any additional time provided under the CR 6.05 for responding thereto, has expired.

CRITICAL

In Boone and Campbell Counties, the petition must be filed with the clerk's office at least one day before the appointment date.

[Boone and Campbell Counties - the Petition must be filed with the clerk's office at least one day prior to the appointment date.]

CRITICAL

Applies to

Motion

Fifth Division motions must be filed by 4:00 p.m. on the Tuesday before the noticed Motion Docket.

All Motions shall be filed no later than 4:00 p.m. on the Tuesday prior to the noticed Motion Docket.

CRITICAL

At least ten days must elapse between service of notice that the report was filed and the hearing on the motion to confirm.

The Master shall file a Motion to Confirm the Report and shall notice same for the Motion Docket of the Division to which the action is assigned, provided ten (10) days have lapsed between service of the notice of the filing of the Report and the hearing or the Motion to Confirm the Report.

CRITICAL

A settlement must be filed with the probate clerk at least seven days before the confirmation date, except for an informal settlement filed under KRS 395.605.

To be confirmed, a settlement must be filed with the probate clerk at least seven (7) days prior to the confirmation date, to permit the clerk to properly advertise the settlement, if applicable. The foregoing subsections of this Rule shall not apply in an estate in which an informal settlement shall be filed in keeping with the provisions of KRS 395.605.

CRITICAL

Each party must file the certificate upon completion of discovery.

A certificate of compliance with Rule 93 shall be filed by each party upon the completion of discovery.

CRITICAL

The inventory is due within two months after the personal representative qualifies.

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.

CRITICALCivil cases

Deadline

5 business days

An exception to this rule shall be if the court takes sworn proof on the record regarding the party's alleged indigency and makes a specific written finding that the party seeking that form into the record within five business days following the appointment or the counsel is indigent. In that event, the party must complete the AOC-DNA-11 form and file appointment shall be vacated.

An exception to this rule shall be if the court takes sworn proof on the record regarding the party's alleged indigency and makes a specific written finding that the party seeking that form into the record within five business days following the appointment or the counsel is indigent. In that event, the party must complete the AOC-DNA-11 form and file appointment shall be vacated.

CRITICALCriminal cases

The Commonwealth must provide the Court a written recommendation for each application within seven days.

The Commonwealth shall make a written recommendation to the Court in response to each application within 7 days .

CRITICAL

Applies to

Response

Fifth Division responses must be filed by noon on the Friday before the noticed Motion Docket, and a courtesy copy must be emailed to the Staff Attorney.

Responses shall be filed no later than 12:00 p.m. (noon) on the Friday prior to the noticed Motion Docket and a courtesy copy emailed to the Court's Staff Attorney.

CRITICALCivil cases

The clerk must docket a review hearing within 90 days after entry of the termination order.

The clerk of the court in the underlying dependency, neglect and abuse case shall docket the matter for a review hearing within 90 days from the date of the entry of the order of termination of parental rights

CRITICAL

Summary judgment motions must be made ten days before the pretrial conference.

C. Motions for summary judgment must be made ten (10) days prior to the pretrial conference.

CRITICAL

A Response to the Petition must be filed within 20 days after service of the Petition and Financial Disclosure Affidavit.

A Response to the Petition shall be filed within twenty (20) days after service of the Petition and Financial Disclosure Affidavit.

CRITICAL

Discovery in medical malpractice cases must be completed 45 days before trial.

In medical malpractice cases, discovery shall be completed forty-five (45) days prior to the trial date.

CRITICAL

If reasonably anticipated, the portion of an otherwise unfiled document needed for trial, a pre-trial or post-trial motion, or an appeal must be filed with the Clerk at the corresponding trial, motion, or appeal stage.

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 appeal 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

24 hours

A deposition used in place of a non-party witness's oral testimony must be filed in the record at least 24 hours before trial.

The deposition shall have been filed in the record not less than twenty-four (24) hours in advance of trial.

CRITICAL

Motions must be filed with the clerk and a copy served on the Domestic Commissioner by the Friday immediately preceding the Wednesday hearing.

All motions must be filed in clerk's office, with a copy served on the Domestic Commissioner, no later than the Friday immediately preceding the Wednesday on which the matter is to be heard.

CRITICALCriminal cases

An eligible person may apply for pretrial diversion in writing as soon as possible after indictment and no later than 14 days after arraignment, unless good cause is shown.

As soon as possible after indictment in circuit court, and no later than 14 days after arraignment, except for good cause shown, any person eligible for the program may apply in writing to the Circuit Court and the Commonwealth for entry of a pretrial diversion order.

CRITICAL

Fee applications may be submitted only after the maximum authorized fee has been earned or after disposition, whichever occurs first.

Applications for a fee shall not be submitted until the maximum fee as authorized by state law has been earned or until after disposition, whichever occurs first.

CRITICAL

Exceptions to an arbitrator must be raised by motion within five days after notice of assignment is mailed, and the Court will hear them.

2. Exceptions to an arbitrator shall be raised by motion filed within five (5) days of the mailing of notice of assignment and shall be heard by the Court.

CRITICAL

Objections to a recommended order may be filed within ten days after entry.

Objections to the recommended order may be filed within ten (10) days after the order is entered.

CRITICAL

Applies to

Temporary child support motion

This motion may be scheduled for hearing, or pursuant to KRS 403.160(5)(b) decided by the Court within 14 days of filing.

This motion may be scheduled for hearing, or pursuant to KRS 403.160(5)(b) decided by the Court within 14 days of filing.

CRITICAL

The party opposing an extension motion must respond within five days of service and explain 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

Deadline

24 hours

An objection to a pre-ruling must be filed at least 24 hours before the Motion Docket starts; the Court will call an objected-to matter at the next regularly scheduled docket.

Attorneys and pro se litigants who wish to object to the pre-ruling(s) shall file said objection at least twenty-four (24) hours before the Motion Docket start time. If an objection is filed to the pre-ruling, the Court will call the matter at the next regularly scheduled Motion Docket.

CRITICAL

The text sets a 45-day period for a judgment to be submitted to and accepted by the Court, but the triggering event is cut off in the provided text.

If no judgment has been submitted to and accepted by the Court within forty-five (45) days from the

CRITICAL

In non-jury cases, each party must file a trial brief no later than 5 days before trial, excluding Saturdays, Sundays, and legal holidays.

In all non-jury cases, each party to the action shall file with the Court, no later than five (5) days prior to trial (Saturday, Sunday and legal holidays excluded), a trial brief.

CRITICAL

Exceptions to an order placing a case on the arbitration list must be raised by motion within ten days after notice of the order is mailed, and the Court will hear them.

Exceptions to an order placing a case on the arbitration list shall be raised by a motion filed within ten (10) days of the mailing of notice of such order, and shall be heard by the Court.

CRITICAL

Unless the division judge orders otherwise, motions noticed for a regular Friday Motion Docket must be filed and received by the Circuit Clerk by noon on the preceding Tuesday.

Unless the Judge of the Division orders otherwise, each Division of the Court shall hold a Motion Docket twice a month commencing at the hour of 9:00 a.m., as follows: (a) First Division - on the first and third Friday of each month. (b) Second Division - on the second and fourth Friday of each month. The Motion Docket shall be made up by the Clerk. All reports requiring confirmation shall be placed on this docket. 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 next preceding Tuesday for call on the succeeding Friday Motion Docket.

CRITICAL

A party must file any exceptions to the arbitration decision within 30 days after the report and award are filed.

Any party may file exceptions with the Clerk of Courts from the decision of the Board of Arbitration within thirty (30) days from the filing of the report and award for either or both of the following reasons and for no other:

CRITICAL

A seven (7) day notice of the hearing date of a motion is required.

A seven (7) day notice of the hearing date of a motion is required.

CRITICAL

The Chairperson must file the award with the Circuit Clerk and Bar Association within 15 days after the hearing.

Within fifteen (15) days after the hearing, the Chairperson of the Board of Arbitration shall file its award with the Circuit Clerk and the Bar Association and on the same day shall mail or otherwise forward copies thereof to all parties or their counsel.

CRITICAL

Motions must be filed with the Clerk no later than the Monday immediately before the Friday hearing.

All motions must be filed in Clerk's office no later than the Monday immediately preceding the Friday on which the matter is to be heard.

CRITICAL

A party must supplement all required discovery responses, including the names and locations of witnesses and expert witnesses, no later than 30 days before trial.

It shall be the duty of a party to supplement all required responses to discovery including the identity (names and location) of all witnesses and expert witnesses not later than thirty (30) days prior to the trial date.

CRITICAL

A written objection to an order referring a case to arbitration must be filed within ten days after the referral order is filed.

(c) No party has filed written objection to an order referring a case to arbitration within ten (10) days of the filing of the referral order.

CRITICAL

A hearing requires ten days' notice unless the parties certify in the notice their reasons for giving less notice.

A ten (10) day notice of the hearing date is required unless the parties certify in the notice reasons for a hearing on lesser notice.

CRITICAL

The conditions for appealing an arbitration award must be satisfied within 30 days after the award is entered on the Clerk of Courts' docket.

The right of appeal shall be subject to the following conditions, all of which shall be complied with within thirty (30) days after the entry of the award of the Board on the docket in the office of the Clerk of Courts:

CRITICAL

Orders must be tendered to the Court within seven days after the hearing or trial unless the Court directs otherwise.

Such Orders shall be tendered to the Court within seven (7) days following the date of the hearing or trial, or as otherwise directed by the Court.

CRITICAL

Applies to

Motion

The Court Schedule sets each division's motion filing deadline unless the Court grants leave to file at another time.

203.01 The Motion filing deadline for each division can be found on the Court Schedule above, unless the Court has given leave to file the motion at another time.