Marshall County Circuit Court, Kentucky Filing Timing and Cure Windows

CRITICALCivil cases

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. KRS 403.730, KRS 456.040.

CRITICAL

When an unserved domestic violence case is transferred before entry of a protective order, the emergency protective order continues and the initiating court must reissue the summons for up to 14 days or as the court determines necessary to protect the petitioner.

In the event a domestic violence case is transferred to another circuit prior to a domestic violence protective order being entered, the emergency protective order shall continue and the summons shall be reissued by the initiating 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.

CRITICAL

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.

CRITICALCivil cases

An after-deadline motion in a case not already on the docket will be rejected and returned so the parties can re-notice it for a compliant date.

Any motions filed after the filing deadline where the case is not already on the docket will be rejected by the Clerk and returned to the filer by the appropriate Circuit Court Clerk's office so the parties can re-notice it to be heard at a date that satisfies the previous paragraph.

CRITICALCivil cases

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 received after normal business hours must be filed with the Clerk by noon on the next business day.

All Petitions for Dependency, Neglect and Abuse received after normal business hours shall be filed with the Clerk of the court by noon on the next business day in compliance with FCRPP 20.

WARNINGCivil cases

If a timely motion has placed a case on the motion-hour docket, subsequent motions filed after the deadline must be accepted and may be heard with the timely motion.

If a case is added to the motion hour docket due to a motion that is timely filed pursuant to the previous paragraph, subsequent motions filed after the deadline shall be accepted as filed and may be heard along with the timely filed motion.

INFOCivil cases

All other persons may file a Dependency, Neglect or Abuse Petition during normal working hours, 8:00 a.m. to 4:30 p.m., Monday through Friday.

All other persons may file their Petition for Dependency, Neglect or Abuse during normal working hours (8:00 a.m. - 4:30 p.m.) Monday through Friday.

CRITICALCivil cases

Cabinet for Health and Family Services employees and attorneys filing a Dependency, Neglect or Abuse Petition must file it during the stated weekday working hours, excluding holidays, and no later than 30 minutes before the Clerk’s office closes.

During normal working hours (8:00 a.m. - 4:30 p.m.) Monday through Friday, excluding holidays, Cabinet for Health and Family Services employees and/or attorneys filing a Petition for Dependency, Neglect or Abuse shall file said Petition with the Clerk of the Court no later than thirty minutes prior to the closing of the Clerk's office..

CRITICAL

The initiating agency must deliver copies of petitions and Emergency Protective Orders issued outside office hours to the appropriate clerk's office at the beginning of the next regular office day.

A copy of all petitions and Emergency Protective Orders issued during non-office hours shall be delivered to the appropriate clerk's office at the beginning of the next regular office day by the agency where the petition was initiated to be processed.

CRITICALCriminal cases

The Commonwealth's Attorney may petition the circuit court, with notice to the Commonwealth's Attorney, for the entry of a pretrial diversion order not less than seven (7) days before sentencing .

The Commonwealth's Attorney may petition the circuit court, with notice to the Commonwealth's Attorney, for the entry of a pretrial diversion order not less than seven (7) days before sentencing .

CRITICALCivil cases

Any response to a motion must be filed at least two days before motion hour.

Responses to motions, if any, shall be filed and served at least two (2) days prior to the motion hour date.

CRITICALCivil cases

The initiating agency must deliver the original petition and a copy of any order issued during non-office hours to the appropriate clerk’s office at the beginning of the next regular office day.

The original petition and a copy of the Emergency Protective Orders/Temporary Interpersonal Protective Orders issued during non-office hours shall be delivered to the appropriate clerk's office at the beginning of the next regular office day by the agency where the petition was initiated to be processed.

CRITICAL

The Master Commissioner must file the Report of Sale within three business days after the sale.

The Master Commissioner shall file a Report of Sale no later than three business days after date of sale.

CRITICALCriminal cases

Applies to

Pretrial diversion petition

An eligible person may petition for pretrial diversion at least seven days before sentencing.

A. An eligible person may petition the circuit court, with notice to the Commonwealth's Attorney, for the entry of a pretrial diversion order not less than seven (7) days before sentencing .

CRITICALCivil cases

If the court closes for an unforeseen reason, the party who filed the motion must re-notice it for a regularly scheduled motion hour.

If the court is closed for any unforeseen reason, e.g., inclement weather, the motion must be re-noticed by the party filing the motion to be heard on a regular scheduled motion hour.

CRITICAL

If no objections are filed, the Master Commissioner must file a motion to confirm sale ten days after the Report of Sale is filed and tender a proposed confirmation order.

Ten (10) days after filing the Report'of Sale, if no objections have been filed thereto, the Master Commissioner shall file a motion to confirm sale to be ruled on at the convenience of the Court without a hearing, and shall tender a proposed order confirming sale.

CRITICAL

Deadline

1 hours

Petitions must be reviewed within an hour after presentation to a judge unless a judge is unavailable.

Petitions will be reviewed within an hour of presentation to a judge unless it is impossible due to the unavailability of a judge.

CRITICAL

Motions must be filed with the Clerk at least eight days before the hearing, except motions permitted ex parte; the Court may waive or modify this deadline for good cause or in the interests of justice.

C. There shall be filed with each motion a brief statement of the ground therefore with citations of authorities relied upon, which may be set forth in the body of the motion if the pleader so desires. Photocopies of cases relied upon may be attached as appendices to the Court's copy. Motions shall be filed with the Clerk and served at least eight (8) days prior to the time fixed for the hearing. Responses, if any, shall be filed and served at least three (3) days prior to the time fixed for the hearing. These time limits may be waived or modified by the Court upor a showing of good cause or in the interests of justice. The time of receipt of the motion shall be considered by the Court in riling on requests for late filing.

CRITICAL

An affected party must file a motion to reconsider a dismissal order within 30 days after its entry.

(B) In the event an Order of Dismissal is so entered, the Court shall reconsider its order, providing any affected party shall, within thirty (30) days from the entry of said Order of Dismissal, file a motion to reconsider said Order with the Clerk.

CRITICAL

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

The movant shall give notice that the motion is made under CR 78(2) and shall direct the attention of the opposing attorney (or party if there is no attorney) to the fact that under this local rule, the motion maybe granted routinely by the Court ten days afer filing unless a response is filed.

CRITICALCriminal cases

An eligible person may petition for a pretrial diversion order, but must do so at least seven days before sentencing.

An eligible person may petition the circuit court, with notice to the Commonwealth's Attorney, for the entry of a pretrial diversion order not less than seven (7) days before sentencing .

CRITICAL

The joint statement must be submitted within 10 days after mediation terminates.

This statement shall be submitted within ten (10) days of the termination of mediation.

CRITICAL

Petitions for Dependency, Neglect and Abuse must be filed with the Clerk at least 30 minutes before closing during normal working hours, excluding holidays.

During normal working hours (8:00 a.m. - 4:30 p.m.), Monday through Friday, excluding holidays, persons filing a Petition for Dependency, Neglect and Abuse shall file said Petition with the Clerk of the Court no later than thirty minutes prior to the closing hours.

CRITICAL

Prior-year taxes or assessments may be paid from the sale proceeds only if the purchaser claims them in writing and files the claim of record before confirmation.

All taxes or assessments on the property for all prior years shall be paid from the sale proceeds if properly claimed in writing and filed of record by the " purchaser prior to confirmation.

CRITICALCriminal cases

Applies to

Pretrial diversion petition

B. The Commonwealth's Attorney may petition the circuit court, with notice to the Commonwealth's Attorney, for the entry of a pretrial diversion order not less than seven (7) days before sentencing .

B. The Commonwealth's Attorney may petition the circuit court, with notice to the Commonwealth's Attorney, for the entry of a pretrial diversion order not less than seven (7) days before sentencing .

CRITICAL

Third-party tax lien claimants must file their itemized statements within five days after the Report of Sale is filed or waive their claims for payment and liens on the property.

Within five (5) days after the Master Commissioner files his Report of Sale, all third party tax lien claimants shall file an itemized statement of amount due as of the date of sale for each tax lien including without limitation the taxing authority, tax year, tax bill number, PVA parcel number(s), address stated on the tax bill, date of purchase, purchase price, interest, administrative fee, attorney fees, litigation expenses and costs: If a third-party tax lien claimant fails to timely file a Statement of Amount Due, the claimant shall be deemed to have waived any claim for payment and lien on the property.

CRITICALCivil cases

Motions in Domestic Violence/Interpersonal Protective Order actions must be set on the county’s designated Domestic Violence docket, filed seven days before that docket, and not filed on the Wednesday motion-hour docket.

Any motions filed in a Domestic Violence/Interpersonal Protective Order action must be set on the Domestic Violence docket (Tuesdays for Marshall County and Thursdays for Calloway County). The motion must be filed seven (7) days prior to the next scheduled Domestic Violence docket (Tuesdays for Marshal County and Thursdays for Calloway County) and are not to be filed on the Wednesday motion hour docket.

CRITICAL

Additional evidence may not be placed in the Commonwealth file within 30 days of trial; if it is, the trial must be continued unless the defendant agrees to keep the scheduled date.

No additional evidence shall be placed in the Commonwealth file within thirty (30) days of the trial date. If additional evidence is to be placed with the file, the Court shall continue the trial date, unless the Defendant agrees to a trial on the date scheduled.

CRITICAL

Deadline

5 working days

Motions for the Wednesday docket must be filed at least five working days beforehand unless the Family Court Judge allows otherwise.

All motions to be heard on the Wednesday motion docket shall be filed at least five (5) working days prior to the Wednesday motion docket, unless otherwise allowed by the Family Court Judge.

CRITICAL

Deadline

5 working days

A facsimile pleading or order is not considered filed of record unless the original is tendered within five working days of transmission.

No facsimile pleading or order shall be considered filed of record without an original being tendered within five working days of the facsimile transmission.

CRITICAL

Answer to Interrogatories and Requests for Admissions must be returned within thirty (30) days after service of the Interrogatories for forty-five (45) days after service of Summons of the Defendant.

Answer to Interrogatories and Requests for Admissions must be returned within thirty (30) days after service of the Interrogatories for forty-five (45) days after service of Summons of the Defendant.

CRITICALCivil cases

Deadline

10 calendar days

A motion may be routinely granted without a hearing ten calendar days after filing unless a response or objection is filed.

This motion may be routinely granted by the Court ten (10) calendar days from the date of filing, without a hearing on the motion, unless a response or objection is filed.

CRITICALCivil cases

Motions in Dependency, Neglect and Abuse actions must be set on the county’s designated DNA docket, filed seven days before that docket, and not filed on the Wednesday motion-hour docket.

Any motions filed in a Dependency, Neglect and Abuse action must be set on the Dependency, Neglect and Abuse docket (Mondays for Calloway County and Fridays for Marshall County). The motion must be filed seven (7) days prior to the next scheduled Dependency, Neglect and Abuse docket (Mondays for Calloway County and Fridays for Marshall County) and are not to be filed on the Wednesday motion hour docket.

CRITICALCivil cases

File motions for a Wednesday motion hour by close of business on the preceding Wednesday unless the Family Court Judge approves otherwise.

Motions to be heard on the Wednesday motion hour docket shall be filed in the appropriate Circuit Court Clerk's office by the close of business on the Wednesday of the week prior to the intended motion hour docketunless otherwise approved by the Family Court Judge

WARNING

The time of receipt of the motion shall be considered by the Court in riling on requests for late filing.

The time of receipt of the motion shall be considered by the Court in riling on requests for late filing.

WARNINGCivil cases

A motion may not be noticed for hearing on a state holiday.

No motion shall be noticed to be heard on a state holiday.

WARNINGCivil cases

Deadline

1 hours

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.