Lincoln County Circuit Court, Kentucky Filing Timing and Cure Windows

CRITICALCivil cases

The involuntary termination petition must be filed at least five days after the child's birth.

Was the petition filed five (5) days or more after the child's birth? (KRS 625.050 (5))

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

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

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.

CRITICALCivil cases

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

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.

CRITICALCivil cases

The voluntary termination petition must be filed at least 72 hours after the child's birth.

Was the petition filed 72 hours or more after the child's birth? KRS 625.040(3)

CRITICAL

The verified petition must be presented immediately to the appropriate judicial officer by the verifier or a peace officer in the county.

The sworn domestic violence petition shall then be immediately presented, by the person verifying same, or by any peace officer within the county, to the appropriate judicial officer as set forth below in Sections III and IV.

CRITICALCivil cases

Motions for a Motion Day must be filed by 3:00 p.m. on the preceding Friday; a later-filed motion may be placed on the docket at the presiding judge’s discretion.

Each motion to be heard on a Motion Day shall be filed with the Clerk no later than 3:00 p.m. on the Friday immediately preceding the Motion Day for which the motion has been noticed. Any motion filed after 3:00 p.m. may be placed on the docket at the discretion of the presiding judge.

WARNING

Petitions should be reviewed within an hour after 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

Petitioners must not be sent away or left waiting for extended periods while seeking protective orders.

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

CRITICAL

The Commissioner must file a report and recommendation no later than 14 days after the hearing and submission of all evidence and briefs.

6. The Domestic Relations Commissioner shall file a report and recommendation not later than 14 days following the hearing and the submission of all evidence and briefs.

CRITICALCivil cases

The required motion and orders must be filed with the voluntary termination petition.

Along with the Petition for Termination of Parental Rights, a motion to schedule final trial and Order scheduling final trial shall be filed with the Circuit Clerk along with a tendered order.

CRITICALCivil cases

A post-judgment motion for failure to comply with an order or judgment must be filed with the Clerk at least ten days before the Rule Day on which it will be heard.

2. Post-Judgment Proceedings - A post-judgment motion for a Rule for failure to abide by the provisions of any order or judgment must be filed with the Clerk no later than ten days prior to the Rule Day on which the motion is to be heard.

CRITICAL

The Domestic Relations Commissioner must file a report and recommendation no later than 14 days after the hearing and submission of all evidence and briefs.

6. The Domestic Relations Commissioner shall file a report and recommendation not later than 14 days following the hearing and the submission of all evidence and briefs.

CRITICALCivil cases

Deadline

3 business days

The required proposed findings and separate judgment must be tendered no later than three business days before the final hearing.

No later than three (3) business days prior to the Final Hearing, the Petitioner shall tender a proposed Findings of Fact and Conclusions of Law and a separate Judgment of Adoption or Termination of Parental Rights for entry by the Court.

CRITICALCivil cases

Counsel must file the motion and schedule the final trial after service has been perfected on all parties.

After service has been perfected on all parties, counsel shall file a motion and schedule a final trial.

CRITICAL

If no circuit court motion day occurs within fourteen days, the circuit judge considering the initial petition must set a hearing date and time within fourteen days.

If the initial domestic violence petition is considered by a circuit judge, and there is no motion day of the circuit court within fourteen (14) days, that circuit judge shall set a date and time for a hearing within 14 days.

CRITICALCivil cases

Within fifty days of appointment, the Guardian ad Litem or Military Attorney must file either an answer for the Respondent or a report stating that the Respondent cannot present a defense after careful examination of the case.

Within fifty (50) days of the appointment, the Guardian ad Litem or Military Attorney shall either file an answer on behalf of the Respondent or a report stating that after careful examination of the case that the Respondent is unable to present a defense.

CRITICALCivil cases

Discovery in contested divorce or legal-separation actions must be completed 30 days before the final trial date.

A. Discovery shall be completed thirty (30) days prior to the final trial date.

CRITICALCivil cases

Motions other than contempt motions on the Status "J" docket must be filed one week before the court date.

Any motion, except contempt, filed on the Status "J" docket shall be filed one week in advance of the court date.

CRITICALCivil cases

Parties must supplement all required responses under CR 26.05 no later than 30 days before the hearing or trial date.

B. It shall be the duty of the party to supplement all required responses in accordance with CR 26.05 not later than thirty (30) days prior to the hearing date or trial date.

CRITICAL

Domestic violence matters assigned to circuit court must be set for hearing on the next circuit court motion day, regardless of division.

Domestic violence matters which, according to the above rules, are to be heard in the circuit court shall be set for hearing on the next circuit court motion day, regardless of the circuit court division in which the case is pending.

CRITICALCivil cases

The Court will schedule a case management or pretrial conference 30 days after the petition is filed and notify all parties.

The Court will automatically schedule a case management conference or pretrial conference 30 days after the filing of the petition and send notice to all parties.

CRITICALCivil cases

For an indigent parent seeking termination, the checklist asks whether an attorney was appointed within 48 hours of the court's determination.

Is the parent desiring termination indigent? If yes, was an attorney appointed within 48 hours of court's determination? KRS 625.0405(1)

CRITICAL

Domestic violence matters assigned to district court must be scheduled for a hearing within fourteen days.

Domestic violence matters which, according to the rules set forth above, are to be heard in the district court shall be scheduled for a hearing within fourteen days.

CRITICALCivil cases

The Guardian ad Litem fee Motion and Affidavit must be filed promptly at the final hearing or before the final judgment is entered.

Guardian ad Litem fee Motion and Affidavit shall be promptly filed at the final hearing or prior to entry of the final judgment.

CRITICALCivil cases

When revisions are required, the revised documents must be tendered within three business days following the final hearing.

Should the Court require revisions, the Petitioner shall tender a revised Findings of Fact and Conclusions of Law and a separate Judgment of Adoption or Termination of Parental Rights within three (3) business days following the Final Hearing for the Court's entry.

CRITICAL

If no circuit court motion day occurs within fourteen days of the initial motion or petition after a district judge or trial commissioner considers it, the matter must be set for a district court domestic violence session held within fourteen days.

If, because of the unavailability of a circuit judge, the initial domestic violence petition is considered by a district judge or a district judge trial commissioner, and there is no circuit court motion day within 14 days of the initial domestic violence motion or petition, the matter shall be set for hearing on a district court domestic violence session to be held within 14 days.

CRITICALCivil cases

Deadline

1 hours

Petitions must be directed to the appropriate judge or Trial Commissioner for review as soon as reasonably possible and no later than one hour after filing, unless that official is unavailable.

Petitions filed with the Clerk or other authorized entity shall be directed to the appropriate Judge or Trial Commissioner for review as soon as reasonably possible, not to exceed one hour of filing, EXCEPT in circumstances where the Judge or Trial Commissioner is unavailable.

CRITICALCivil cases

Applies to

Motion

A motion on the Paternity/Child Support "J" docket must be filed one week before the court date.

Any motion filed on the Paternity/Child Support "J" docket shall be filed one week in advance of the court date.

CRITICAL

The verified petition must be presented immediately to the appropriate judicial officer by the verifier or a peace officer in the county.

The sworn domestic violence petition shall then be immediately presented, by the person verifying same, or by any peace officer within the county, to the appropriate judicial officer as set forth below in Sections III and IV.

CRITICALCivil cases

Motions must be filed and noticed five days, excluding weekends, before the hearing.

D. Motions shall be filed and noticed five days (excluding weekends) prior to hearing.

CRITICALCivil cases

The responding party has seven days to file a similar statement or object to the motion to submit.

The responding party shall have seven (7) days in which to file a similar statement or object to the motion to submit.

CRITICAL

Deadline

1 hours

Protective-order petitions must be directed for review as soon as reasonably possible and no later than one hour after filing, unless the judge or trial commissioner is unavailable.

2. Petitions filed with the Clerk or other authorized entity shall be directed to the appropriate Judge or Trial Commissioner for review as soon reasonably possible, not to exceed one hour of filing, EXCEPT in circumstances where the Judge or Trial Commissioner is unavailable.

CRITICALCivil cases

If no objection is filed, the case stands submitted seven days after the hearing on the motion to submit.

If no objection is filed, the case shall stand submitted seven (7) days after the hearing on the motion to submit.

CRITICALCivil cases

Deadline

3 business days

Within three (3) business days after a petition for the voluntary termination of parental rights is filed, the Court will set a date for a hearing which shall not be more than thirty (30) calendar days after the petition is filed.

Within three (3) business days after a petition for the voluntary termination of parental rights is filed, the Court will set a date for a hearing which shall not be more than thirty (30) calendar days after the petition is filed.

WARNINGCivil cases

Petitions should be reviewed within an hour of presentation to a judge or trial commissioner, unless no judge or trial commissioner is available; the quoted text ends mid-sentence.

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