Larue County Circuit Court, Kentucky Filing Timing and Cure Windows

CRITICAL

After-hours petitions must be presented immediately to the designated judicial officer.

Upon receipt of a petition after regular business hours, the authorized agency/officer shall immediately present the petition to the following:

CRITICAL

Upon receipt of a petition during regular business hours, the Circuit Clerk's Office shall immediately present the petition to the following: (1) LaRue County: The Clerk's Office shall present the domestic violence petition to the District Judge of the Tenth Judicial District for the purposes of issuing an emergency protective order. If the District Judge is unavailable, and the Hart County Trial Commissioner has been temporarily assigned to serve LaRue County pursuant to SCR 5.040, the Clerk's Office shall present the domestic violence petition to the Hart County Trial Commissioner.

Upon receipt of a petition during regular business hours, the Circuit Clerk's Office shall immediately present the petition to the following: (1) LaRue County: The Clerk's Office shall present the domestic violence petition to the District Judge of the Tenth Judicial District for the purposes of issuing an emergency protective order. If the District Judge is unavailable, and the Hart County Trial Commissioner has been temporarily assigned to serve LaRue County pursuant to SCR 5.040, the Clerk's Office shall present the domestic violence petition to the Hart County Trial Commissioner.

CRITICAL

During regular business hours, the Circuit Clerk's Office must immediately present a received petition to the appropriate judicial officer.

Upon receipt of a petition during regular business hours, the Circuit Clerk's Office shall immediately present the petition to the following:

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.

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.

WARNING

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.

WARNING

Petitioners must not be sent away or left waiting for extended periods while their petitions are handled.

Petitioners shall not be sent away or left waiting for extended periods of time.

CRITICAL

The Commissioner must prepare a report on a submitted matter within 60 days, including findings of fact and conclusions of law when required by law.

The Commissioner shall prepare a Report of his/her recommendations to the Court on any matter submitted to him/her within sixty (60) days, including findings of fact and conclusions of law where required by law.

CRITICAL

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

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

CRITICAL

All parties must file the required pre-trial materials at least 14 days before the final hearing.

Not later than fourteen (14) days prior to the final hearing, all parties shall file the following:

CRITICAL

When copies are served on opposing counsel by mail, the motion must be filed at least five days before the hearing.

If copies to opposing counsel are served by mail, said motion must be filed not later than five (5) days prior to the day of said hearing on the motion.

CRITICAL

All parties must file pre-trial compliance statements no later than 60 days before trial.

Not later than 60 days prior to the trial date, all parties shall file pre-trial compliance statements, the contents of which shall be as follows, to-wit :

CRITICAL

Deadline

1 hours

Petitions must be reviewed within an hour after presentation, unless a judge or trial commissioner is unavailable and review is impossible.

Petitions shall 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.

CRITICAL

When a domestic violence case is transferred because of a pending dissolution or custody matter in another circuit, the emergency protective order continues and the summons is reissued for up to 14 days if service was not made before transfer, or as the court determines necessary for the petitioner's protection; afterward, the transfer court reissues the summons as needed.

Domestic violence cases shall be reassigned or transferred to another circuit if a dissolution or custody matter was pending in another circuit prior to the filing of the domestic violence petition. Consistent with FCRPP 12, the emergency protective order shall continue and the summons reissued by the Tenth Judicial District Court or the Fifty-Seventh Judicial District Court, pursuant to KRS 403.740(4), for a period not to exceed fourteen (14) days if service has not been made on the adverse party by the date of transfer, or as the court determines is necessary for the protection of the petitioner. Thereafter, reissuance of the summons shall occur as needed in the court of transfer.

CRITICAL

Applies to

Motion

The time for filing and serving a motion must be computed under CR 6.01.

Time for filing and service of a motion shall be computed in accordance with CR 6.01 .

CRITICAL

If no objections or exceptions are filed, the Report is automatically submitted to the presiding judge on the eleventh day after service of notice of its filing.

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

CRITICAL

Applies to

Motion

A motion set for a rule day must be filed with the Circuit Clerk eight days before the initially scheduled rule day.

Each motion to be made on a rule day shall be filed in the office of the Circuit Clerk eight (8) days preceding the rule day for which the motion is initially set .

CRITICAL

Deadline

48 hours

For in-person service, motions must be filed and served at least 48 hours before the scheduled hearing, excluding Saturdays, Sundays, and holidays.

All motions shall be filed and served not later than forty-eight (48) hours prior to the scheduled hearing on the motion, excluding Saturdays, Sundays, and holidays, if service is made in person.

CRITICAL

The Commissioner must prepare a report of recommendations within 60 days of a matter being submitted, including findings of fact and conclusions of law when required by law.

The Commissioner shall prepare a Report of his/her recommendations to the Court on any matter submitted to him/her within sixty (60) days, including findings of fact and conclusions of law where required by law.

CRITICAL

Both parties must file a completed Verified Disclosure Statement with the Circuit Court Clerk within 30 days after filing the dissolution petition.

The completed Verified Disclosure Statement, sworn to under oath and under penalty of perjury, shall be filed by both parties with the Circuit Court Clerk within thirty days of the filing of the Petition for Dissolution of Marriage .

CRITICAL

Each party has 15 days thereafter to amend or supplement their VDS.

Each party shall have 15 days thereafter to Amend or Supplement their respective VDS .

CRITICALCriminal cases

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

After indictment in circuit court, and no later than 3 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

A party filing objections or exceptions must notice them for hearing on the next available motion hour.

If objections or exceptions are filed, the party filing the objections or exceptions shall notice them for hearing on the next available motion hour.

CRITICALCriminal cases

Applies to

Pretrial diversion application

An eligible person may apply to the Circuit Court and the Commonwealth for a pretrial diversion order after indictment and no later than 3 days before trial.

After indictment in circuit court, and no later than 3 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

Circuit Court motions must be filed with the Circuit Clerk at least eight days before the scheduled motion day.

All motions shall be filed in the office of the Circuit Clerk at least eight (8) days prior to the scheduled motion day.

CRITICAL

The Commissioner must prepare a report of recommendations within 60 days of a matter being submitted, including findings of fact and conclusions of law where required by law.

The Commissioner shall prepare a Report of his/her recommendations to the Court on any matter submitted to him/her within sixty (60) days, including findings of fact and conclusions of law where required by law.

CRITICAL

All parties must file the required pretrial materials no later than 14 days before the final hearing.

Not later than fourteen (14) days prior to the final hearing, all parties shall file the following:

CRITICAL

Commissioner-track motions must be filed with the Circuit Clerk at least eight days before the scheduled motion day.

All motions shall be filed in the office of the Circuit Clerk at least eight (8) days prior to the scheduled motion day.

CRITICAL

Deadline

48 hours

District Court motions must be filed no later than 48 hours before the scheduled hearing; when service is in person, Saturdays, Sundays, and holidays are excluded.

All motions shall be filed and served not later than forty-eight (48) hours prior to the scheduled hearing on the motion, excluding Saturdays, Sundays, and holidays, if service is made in person.

CRITICAL

If copies are served on opposing counsel by mail, the motion must be filed at least five days before the hearing.

If copies to opposing counsel are served by mail, said motion must be filed not later than five (5) days prior to the day of said hearing on the motion.

CRITICAL

In a contested divorce or legal-separation action, the parties must file a VDS within 40 days after the petition is filed.

In each contested action for divorce or legal separation, the parties shall file a Verified Disclosure Statement (VDS) no later than forty (40) days after the filing of the Petition.

WARNING

The time for filing and serving a motion must be computed under Civil Rule 6.01.

Time for filing and service of a motion shall be computed in accordance with Civil Rule 6.01.

WARNING

If no objections or exceptions are filed, the Report is automatically submitted to the presiding Judge on the 11th day after notice of filing was served.

If no objections or exceptions are filed, the Report shall be automatically submitted to the presiding Judge on the eleventh day after the notice of the filing of the Report was served on the parties

WARNING

Compute motion filing and service deadlines in accordance with Civil Rule 6.01.

Time for filing and service of a motion shall be computed in accordance with Civil Rule 6.01.

WARNING

A completed disclosure statement should be filed at least 10 days before mediation; failure to do so could result in sanctions.

Failure of a party to file a completed disclosure statement at least ten (10) days prior to mediation could result in sanctions deemed appropriate by the Domestic Relations Commissioner.