Lee County Circuit Court, Kentucky Filing Timing and Cure Windows

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.

CRITICAL

Deadline

3 business days

Cases must be placed on the Motion Docket by close of business three business days before the regular Motion Hour/Rule Day; exceptions require leave of Court, and the Clerk closes the docket at that time.

All cases must be placed on the Motion Docket by the close of business on the third business day preceding the regular Motion Hour/Rule Day to stand for hearing on the following regular Motion Hour/Rule Day. Any exception to this docketing rule shall be by leave of Court only, and the Clerk is directed to close the Docket for the next Motion Hour/Rule Day at the close of business on the third business day preceding the regular Motion Hour/Rule Day.

CRITICAL

The court must review protective-order petitions immediately upon filing and must not send petitioners away or leave them waiting for extended periods.

F. 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.

CRITICAL

Facsimile copies of Orders and Judgments are entered upon receipt and treated for legal purposes as originals entered at that time; the Clerk attaches the original when it arrives.

(a) Facsimile copies of Orders and Judgments will be received by the Clerk and entered in the same manner as if they were originals received in the mail. In other words, they will be entered upon receipt. Upon receipt of the original, the Clerk will attach it to the facsimile copy already of record. (b) The appropriately marked and entered facsimile copy will for all legal requirements be considered the same as if the original had been entered at that time.

WARNING

Petitions should be reviewed within an hour after presentation to a judge or trial commissioner, unless none is available.

F. 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

For matters submitted on motion, petitioner’s proof begins only after the answer-filing period expires and must be completed within four weeks; respondent then has four weeks, petitioner has two weeks for rebuttal, and the case is submitted at the next regular Motion Hour/Rule Day.

In all matters to be submitted, upon motion to the Court, the proof for the Petitioner shall not be commenced until the time for filing an answer has expired, and said proof shall be completed within four (4) weeks thereafter. The Respondent shall complete his/her proof within the following four (4) weeks. The Petitioner shall then have two (2) weeks in which to complete any rebuttal. The case shall then stand for submission at the next regular Motion Hour/Rule Day.

CRITICAL

Written objections to a proposed Order or Judgment must be filed within ten days after service to prevent it from being signed and entered.

the proposed Order or Judgment will be signed and entered unless written objections have been filed within ten (10) days from the date of service.

CRITICAL

An eligible person may petition the Circuit Court, with notice to the Commonwealth's Attorney, for the entry of a pre-trial diversion order not less than fourteen (14) days before trial.

An eligible person may petition the Circuit Court, with notice to the Commonwealth's Attorney, for the entry of a pre-trial diversion order not less than fourteen (14) days before trial.

CRITICALCriminal cases

An eligible person may petition the Circuit Court, with notice to the Commonwealth's Attorney, for the entry of a pre-trial diversion order not less than fourteen (14) days before trial .

An eligible person may petition the Circuit Court, with notice to the Commonwealth's Attorney, for the entry of a pre-trial diversion order not less than fourteen (14) days before trial .

CRITICAL

Recommendations in contested cases must be filed within 90 days after the hearing, unless the Circuit Judge extends the deadline for good cause by order.

The Commissioner's Recommendations shall be filed in the Circuit Clerk's Office no later than thirty (30) days after a Hearing in an uncontested case and no longer than ninety (90) days after a Hearing in a contested case unless otherwise extended for good cause shown by Order of the Circuit Judge.

CRITICAL

The joint statement must be submitted within 30 days after mediation terminates.

This statement shall be submitted within thirty (30) days of the termination of mediation.

CRITICAL

Recommendations in uncontested cases must be filed within 30 days after the hearing.

The Commissioner's Recommendations shall be filed in the Circuit Clerk's Office no later than thirty (30) days after a Hearing in an uncontested case

CRITICAL

Criminal motions requiring a hearing must be noticed for a regular Motion Hour/Rule Day at least 30 days before trial, unless the Court waives the requirement for just cause.

Motions to suppress evidence and any other Motions by either the Defendant or the Commonwealth that require a hearing in criminal cases shall be noticed to be heard at least 30 days before trial on a regular Motion Hour/Rule Day unless waived in the discretion of the Court for just cause.

WARNING

The order or judgment will be entered after ten days from tendering the original to the Judge, unless written objections are filed and served or the Court, for good reason, declines entry.

After the passage of ten (10) days from the date of tendering the original of said Order or Judgment to the Judge, with service of a copy of same upon counsel for all parties, the Order or Judgment will be entered unless written objections thereto including a time for a Hearing scheduled pursuant to these Rules have been filed and served upon all parties and the Court by the objecting party or unless the Court for good reason feels that said Order or Judgment should not be entered, in which case, the Court will notify all counsel of a time and place for a Hearing to be had on the tendered Order or Judgment.

WARNING

Deadline

1 hours

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.

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

An Agreed Order must be submitted to the Clerk before the Motion Docket call to excuse counsel from attending.

If an Agreed Order signed by counsel for all parties affected is submitted to the Clerk before the call of the Motion Docket, counsel need not attend the call of the Motion Docket.