Mercer County Circuit Court, Kentucky Filing Timing and Cure Windows

CRITICAL

Emailed or faxed motions are not recognized by the Court until the original is received and entered in the record by the appropriate Circuit Clerk.

Parties may e-mail or fax motions to the Circuit Judge prior to the hearing date for informational purposes, but 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.

CRITICAL

A DCBS Prevention or Safety Plan must be placed in the Court record within 72 hours of execution or before the next scheduled hearing, whichever is earlier.

Pursuant to FCRPP 29, any DCBS Prevention or Safety Plan shall be placed in the Court record within 72 hours of execution or before the next scheduled court hearing, whichever is earlier.

CRITICAL

The judgment must be submitted to the Master Commissioner for review at least five days before the hearing.

12.2 Judgments for Orders of Sale to be conducted by the Master Commissioner shall be submitted for his/her review with a "Have Seen" line for his/her signature, not less than five (5) days prior to any hearing before the Court.

CRITICAL

Each party must file pertinent motions, stipulations, and agreements at least four days before the Case Management Conference.

That each party shall file any pertinent motions, stipulations and/or agreements reached at least four (4) days prior to the Case Management Conference.

CRITICAL

Deadline

1 hours

A petition must be reviewed within one hour of presentation unless a judge or trial commissioner is unavailable and review is impossible.

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

Except for motions permitted to be filed ex parte, motions must be filed with the appropriate County Clerk by the Clerk’s closing time one week before the Rule Day on which they will be heard.

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 one week immediately preceding the Rule Day upon which the motion is to be heard.

CRITICALCriminal cases

An eligible person may apply for a pretrial diversion order after indictment, but must apply no later than 30 days before trial.

After indictment in circuit court, and no later than 30 days before trial, any person eligible for the program may apply to the Circuit Court and the Commonwealth for entry of a pretrial diversion order.

CRITICAL

Deadline

5 business days

The movant must file a motion by close of business on the fifth business day after obtaining its hearing date, or the Clerk will remove it from the docket.

After securing a motion date, the movant must file the motion with the Clerk's Office by the close of business on the fifth business day after obtaining the date. The Clerk shall remove from the docket any motion not timely filed.

CRITICAL

Deadline

7 business days

After opposing counsel has not responded for at least seven business days, the drafting attorney may submit the order to the Court with a verification of the tender and lack of response.

If an attorney submits an Order to opposing counsel and that attorney fails to sign off on a 'Have Seen' and submit it to the Court; the drafting attorney may submit same to the Court if it contains a verification by the drafting attorney that the Order was tendered to opposing counsel with no response for a period of no less than seven (7) business days.

CRITICAL

Motions may not be filed on the morning of trial without leave of Court, which may not be unreasonably withheld when good cause is shown.

No motions shall be filed on the morning of trial without leave of the Court, which shall not be unreasonably withheld for good cause shown.

CRITICAL

The Pretrial Compliance Statement must be furnished at least one week before trial.

When a jury trial is requested, a Jury Trial Order shall be entered by the Court directing the parties to furnish to the Court and each other at least one week prior to trial a Pretrial Compliance Statement containing the following:

CRITICAL

For an order or judgment requiring appraisal, advertisement, or sale, the submitting party must deposit $2,500 with the Master Commissioner no later than ten days after entry.

When any order/judgment is submitted to the Master Commissioner requiring appraisal, advertisement, or sale, the party submitting the order shall deposit the amount of Two Thousand, Five Hundred Dollars ($2,500.00), with the Master Commissioner, no later than 10 days following entry of the order/judgment.

CRITICAL

A motion and order to withdraw or abate a judicial sale must be made before the sale date and time.

Withdrawal or abatement of any judicial sale after entry of Judgment and Order thereon shall be made by motion and Order prior to the date and time of the sale.

CRITICAL

Motions to be heard at a Case Management Conference must be filed at least four days before the conference.

Parties are free to file motions to be heard at the Case Management Conference. Motions must be filed at least four (4) days prior to the Conference.

CRITICAL

If the attorneys disagree about an order's drafting, the responsive party or attorney may move for clarification or further orders within seven business days after receiving it.

If attorneys disagree on how an Order should be drafted, the responsive party/attorney may file a motion requesting clarification or further Orders from the Court within seven (7) business days of receipt of the Order.

CRITICAL

Deadline

3 working days

Parties seeking to appear remotely must obtain court leave at least three working days before the hearing, and leave shall not be unreasonably withheld.

Parties wishing to appear remotely for any civil or criminal matter shall obtain leave from the Court to appear remotely no later than three (3) working days prior to said hearing. Said leave shall not be unreasonably withheld.

CRITICAL

A written objection to parent education class must be filed before the scheduled hearing.

If a party objects to parent education class; he or she shall file a written objection into the record prior to the scheduled hearing.

CRITICAL

Deadline

72 hours

Reports in dependency, neglect, and abuse cases must be forwarded to the Court no later than 72 hours before the hearing.

Pursuant to FCRPP 28, the Court requires all reports in dependency, neglect and abuse cases to be forwarded to the Court no later than 72 hours prior to the Hearing

CRITICAL

If opposing counsel finds an order or judgment unsatisfactory, counsel must immediately notify the Court of objections and present an alternative version.

5.3 If such order or judgment is not satisfactory to opposing counsel, counsel shall immediately make any objections known to the Court and present that party's alternative version of the order or judgment.

WARNING

A pretrial memorandum is not required unless specifically requested, but if filed it should be filed at least two days before the Final Hearing.

Unless specifically requested, the Court does not require a pretrial memorandum, but a party may file same if they so wish. In either situation, it should be filed at least two (2) days prior to the Final Hearing.

WARNING

Except for good cause shown or leave given, guilty pleas should be entered no later than ten days prior to trial.

Except for good cause shown or leave given, guilty pleas should be entered no later than ten days prior to trial.

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.