Lyon 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

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 an hour of presentation unless a judge or trial commissioner is unavailable.

E. Petitions will 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

Facsimile copies are entered upon receipt by the clerk.

In other words, they will be entered upon receipt.

CRITICAL

Deadline

7 calendar days

Motions must be filed by 4:00 p.m. at least seven calendar days before the scheduled Rule Day.

The Clerk in each county shall keep a motion docket in which there shall be docketed all motions filed with that Clerk, not later than 4:00 p.m. at least seven (7) calendar days before the scheduled Rule Day. (For example, a motion in Lyon County must be filed by 4:00 p.m. on the Monday immediately before the first Monday of the month, the regularly scheduled Rule Day.)

CRITICAL

In a default case involving personal service, the Respondent must have been served more than twenty days before the Motion to Submit.

(b) the Respondent was personally served more than twenty days before this Motion to Submit

CRITICAL

For service through a warning order attorney, the attorney must have filed a report and more than fifty days must have elapsed since the attorney's appointment.

if served through a warning order attorney, the warning order attorney has filed his report and more than fifty days have elapsed since the appointment of the warning order attorney

WARNING

Petitions should be reviewed within an hour of presentation unless no judge or trial commissioner 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

Matters or motions presented to the clerk after noon on the preceding business day will not be added to the next day’s docket.

Practice in the District Courts shall follow these same local rules where the rules would ordinarily apply, with the exception that any matters or motions presented to the clerk after noon on the preceding business day will not be added to the next day’s docket.

CRITICAL

Motions filed within seven calendar days of a Rule Day are placed on the next month’s Rule Day unless extraordinary circumstances and prior Court approval allow otherwise.

Except in extraordinary circumstances and by prior approval of the Court, motions filed within seven (7) calendar days before a scheduled Rule Day shall be heard on the next month’s Rule Day and the Clerk shall place it on the next month’s Rule Day docket, and counsel will be so informed by the Clerk.

CRITICAL

Immediately after a sale, the Master Commissioner must report to the Court; the Clerk must give notice, and the report lies over under CR 53.06.

Immediately following a sale, the Master Commissioner shall make his/her report to the Court which shall be noticed by the Clerk and shall lie over in accordance with CR 53.06.

CRITICAL

The required disclosure filing or permitted no-change affidavit must be filed no later than five days before trial.

No later than five (5) days prior to the trial, the parties shall file an AOC-239, Final Verified Disclosure Statement, in the record if property matters are in dispute at that trial; or the parties may file an affidavit that there are no changes in circumstances since the completion of the AOC-238, Preliminary Verified Disclosure Statement, if filed.

CRITICAL

When service is by mail, three additional days are added when computing time under CR 6.01.

Time is computed pursuant to CR 6.01 with an additional 3 days added when service is by mail, pursuant to CR 6.05.

CRITICAL

If no objection is filed within ten days after service of the Summons, Petition, and Motion, the Court will enter the Status Quo Order.

If no objection is filed within ten (10) days of service of the Summons, Petition and Motion, the Status Quo Order will be entered by the Court.

CRITICAL

Post-judgment motions are subject to the ten-day rule unless noticed for the next regular Rule Day after filing.

(e) Any post-judgment motion shall be filed under the ten (10) day rule, LR 204(10), unless noticed for the next regular Rule Day after filing of the Motion.

WARNING

A CR 78(2) motion may be routinely granted ten days after filing unless an objection is received or a response is filed.

The movant, in the Notice, Certificate of Service, or elsewhere in the motion, shall state that the motion is made under CR 78(2) and shall direct the opposing attorney's attention to the fact that under this local rule, the motion may be granted routinely by the Court ten (10) days after filing, unless an objection is received or a response filed.

WARNING

The judge will decide the Motion to Submit without an oral hearing ten days after filing unless an opposing party files an objection or requests a hearing.

This Motion to Submit is brought under LR 204(10) (CR 78(2)) and will be decided by the judge without any oral hearing ten (10) days after filing, unless an opposing party files an objection or a request for an oral hearing.

CRITICAL

A response to a motion must be filed with the Clerk at least two days before the scheduled hearing.

The response to any motion shall be in similar form and shall be filed with the Clerk at least two (2) days prior to the scheduled hearing date