Martin 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. KRS 403.730, KRS 456.040.

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.

WARNING

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.

WARNING

An emailed or faxed motion is not recognized by the Court until the original is received and entered in the record by the appropriate Circuit Clerk.

e-mailed or faxed motions shall not be recognized by the Court until the original is received and entered in the record by the appropriate Circuit Clerk

WARNING

Petitions should be reviewed within an hour of presentation to a judge or trial commissioner, unless neither 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.

CRITICAL

Counsel must file the written entry of appearance forthwith upon being retained, subject to the stated exception.

5.1 Upon being retained, counsel shall forthwith file a written entry of appearance, unless counsel's entry of appearance is apparent from pleadings filed.

CRITICAL

Deadline

72 hours

CHFS must submit the Permanency Hearing Report Outline to the Court 72 hours before the court date.

At the Permanency Hearing/Review, CHFS shall complete a Permanency Hearing Report Outline. pursuant to the attached document which is incorporated by reference herein, and submit same to the Court 72 hours preceding the Court date.

CRITICAL

Deadline

72 hours

Form DNA 12 and the required FCRPP 28 information must be submitted to the Court 72 hours before the Disposition Hearing.

At the Dispositional Hearing, CHFS shall also provide the court with the information required pursuant to FCRPP 28 by completing Form DNA 12 and submitting same to the Court 72 hours with the Court prior to the Disposition Hearing.

CRITICAL

Deadline

2 business days

Responses to motions must be filed in the Clerk's office two business days before the motion docket.

Responses to said motions shall be filed in the Clerk's office two (2) business days immediately preceding the motion docket on which the motion is to be heard.

CRITICAL

File the original Emergency Custody Order with the Circuit Court Clerk upon execution, or by 8:00 a.m. the next business day if the clerk's office is closed.

B. The original Emergency Custody Order shall be filed with the appropriate 24" Circuit Court Clerk's office upon execution by a Judge or at 8:00 am on the next business day if the respective Clerk's office is closed in compliance with FCRPP 19(1).

CRITICAL

C. After hours and on weckends and Holidays, the Cabinet for Health and Family Services or other interested person shall contact the appropriate Family Court Judge, Trial Commissioner, or on- Services or the other interested person shall file the original Emergency Custody Order with the call District Judge to obtain an Emergency Custody Order. The Cabinet for Health and Family appropriate 24" Circuit Court Clerk's office at 8:00 am on the next business day.

C. After hours and on weckends and Holidays, the Cabinet for Health and Family Services or other interested person shall contact the appropriate Family Court Judge, Trial Commissioner, or on- Services or the other interested person shall file the original Emergency Custody Order with the call District Judge to obtain an Emergency Custody Order. The Cabinet for Health and Family appropriate 24" Circuit Court Clerk's office at 8:00 am on the next business day.

CRITICAL

If the filing county is closed, motions must be filed by the close of the next business day.

If the filing county is closed, then all Motions must be filed by the close of the next business day.

CRITICAL

Deadline

5 business days

Motions other than those permitted to be filed ex parte must be filed with the appropriate county Clerk by closing time five business days before the motion docket.

All motions, civil and criminal, except those that are permitted to be filed ex parte, shall be filed with the Clerk of the appropriate county and served on opposing counsel by delivery no later than closing time in the Clerk's office five (5) business days immediately preceding the motion docket on which the motion is to be heard.

CRITICAL

All civil motions shall be filed on the date and time specified in these rules.

All civil motions shall be filed on the date and time specified in these rules.

CRITICAL

Within 60 days of appointment, the guardian ad litem must file an answer for the respondent or a report stating that, after careful examination, the guardian cannot present a defense.

Within sixty (60) days of the appointment, the Guardian ad Litem shall file an Answer on behalf of the Respondent or a Report stating that, afer careful examination of the case: he/she is unable to present a defense on their behalf.

CRITICAL

Motions for the docket must be filed in the county of the proceeding with the Circuit Court Clerk by the stated deadline, including the seven-day-before-motion-hour and county-specific 4:00 p.m. preceding-weekday deadlines.

shall be filed in the Office of the Circuit Court Clerk in that county by the close of business no Motions to be placed on the Motion Docket shall be filed in the county of the proceeding and is scheduled on the first and third Monday of each month, and any Motions shall be filed by later than seven (7) days prior to the scheduled Motion Hour. Motion Hour in Lawrence County and fourth Tucsday of each month, and any Motions shall be filed by 4:00 pm on the preceding 4:00 pm on the preceding Monday. Motion Hour in Johnson County is scheduled on the second Tuesday. Motion Hour in Martin County is scheduled on the first and third Wednesday of each month, and any Motions shall be filed by 4:00 pm on the preceding Wednesday.

CRITICAL

The mediator must file the mediation outcome report with the court within 30 days after mediation concludes.

At the conclusion of mediation, the Mediator shall file a Report with the Court within thirty (30) days as to the outcome of the mediation, (i.e., full agreement, partial agreement or mediation terminated).

CRITICAL

Motions may not be filed on the morning of trial unless the Court grants leave.

No motions may be filed on the morning of trial without leave of Court.

WARNING

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.

INFO

Counsel in criminal actions may tender proposed jury instructions at any time before trial.

Counsel in criminal actions may tender proposed jury instructions at any time prior to trial.

CRITICAL

The executed Case Plan must be filed before the Disposition Hearing.

The Case Plan executed by the CHFS and the parties shall also be filed with the Court prior to the Disposition Hearing.