Metcalfe County Circuit Court, Kentucky Filing Timing and Cure Windows

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 the Court.

CRITICAL

The court must review a protective-order petition immediately after it is filed.

The court shall review a petition for a protective order immediately upon its filing.

CRITICAL

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.

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.

INFO

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

7•4 Counsel in criminal actions may tender proposed jury instructions at any time prior to trial.

CRITICAL

Petitioners must not be sent away or left waiting for extended periods.

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

CRITICAL

In marital dissolution actions involving property matters, Form AOC-239 must be filed no later than ten days before trial.

In marital dissolution actions concerning property matters a pre-trial order shall include a requirement that all parties shall file and serve no later than ten (10) days before the trial Form AOC-239 "Final Verified Disclosure Statement" in accordance

CRITICAL

The court will not hear a motion unless Family Court staff has docketed it for hearing and, absent good cause, it has been timely filed and served.

The court shall hear no motion which has not been docketed for hearing by the Family Court staff (whose telephone number is [270] 651-9923), and, except for good cause shown, the court shall hear no motion which has not been timely filed and served thereafter.

CRITICAL

Deadline

1 hours

The authorized agency or officer must present a petition for review within an hour, following the listed sequence based on availability.

Upon receipt of a petition at any time, the authorized agency/officer shall present the petition to the following officials (in the following sequence depending on availability) for review within an hour of presentation: 1. Any District Court Judge or Trial Commissioner; 2. Family Court Judge; or 3. Circuit Court Judge

CRITICAL

All parties in paternity actions must procure entry of a custody and visitation order within 90 days after the later of entry of judgment or release from incarceration.

All parties in paternity actions shall procure entry of a custody and visitation order. See the Parenting Time/Visitation Schedule located in Appendix C. in accordance with the provisions of FC 43 Rule 707 not later than ninety (90) days after the occurrence of the latter of the following events: (a) entry of the paternity judgment; or (b) release of either or both parties who were incarcerated at the time of entry of the paternity judgment.

CRITICAL

The motion must be delivered to the Clerk's office by closing time one week before the Rule Day on which it will be heard.

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.

CRITICAL

When the parties have minor children, the petitioner must tender the Order within 20 days after the response is filed.

A. In accordance with FCRPP 3 (5), where the parties have minor children, the petitioner shall, within 20 days after the response has been filed, tender an Order to the Court requiring the

CRITICALCriminal cases

An eligible person may petition for pretrial diversion 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 pre-trial diversion order not less than seven (7) days before sentencing

CRITICAL

If no objection and request for hearing is filed, the certificate of completion must be filed within 90 days after the later of entry of judgment or release from incarceration.

If no objection and request for hearing is filed, the order shall become immediately effective, and the plaintiff and the defendant shall file in the record of the subject paternity action a certificate of completion of the Parents' Education Clinic (or a divorce education program which is the substantial equivalent thereof), as contemplated in FC 43 Rule 704, not later than ninety (90) days after the occurrence of the latter of the following events: (a) entry of the paternity judgment; or (b) release of either or both parties who were incarcerated at the time of entry of the paternity judgment.

CRITICAL

In marital dissolution actions, Form AOC-238 must be filed no later than ten days before the pre-trial conference unless the parties exchanged the statements earlier under FCRPP 2(3).

In marital dissolution actions an Order Setting Pre-Trial Conference shall include a requirement that all parties shall file and serve no later than ten (10) days before the pre-trial conference Form AOC-238 "Preliminary Verified Disclosure Statement" (unless the parties have exchanged such statements earlier in accordance with FCRPP 2 [3]).

CRITICAL

Deadline

1 hours

The authorized agency or officer must present a petition for review within an hour, following the listed sequence based on availability.

Upon receipt of a petition at any time, the authorized agency/officer shall present the petition to the following officials (in the following sequence depending on availability) for review within an hour of presentation: 1. Any District Court Judge or Trial Commissioner; 2. Family Court Judge; or 3. Circuit Court Judge

CRITICAL

A party has 10 days from entry of the Order to file an objection requesting a hearing; if no objection and request for hearing is filed, the order becomes immediately effective.

from entry of the Order to file an objection requesting a hearing. If no objection and request for parties to attend parent education classes. The Order shall state that the parties have 10 days hearing is filed, the order shall become immediately effective.

CRITICAL

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

directing the parties to furnish to the Court and each other at least one week prior to trial a Pretrial Compliance Statement

CRITICAL

In marital dissolution actions commenced on or after January 1, 2011, the petitioner must tender the completed Status Quo Order at the initial court appearance.

So as to give effect to FCRPP 2(5), with respect to all marital dissolution actions tender to the court for entry a properly completed Form AOC-237, "Status Quo Order," on commenced on or after January 1, 2011, at the initial court appearance the petitioner shall Addendum;" and the text of such attached Addendum shall provide as follows: which the following language shall appear after the phrase "Other Orders:" "See attached

CRITICAL

The petitioner must tender the parent education order within 20 days after the response is filed.

Where the parties have minor children, the petitioner shall, within 20 days after the response has been filed, tender an Order to the Court requiring the parties to attend parent education classes.

CRITICAL

The parties have 10 days from entry of the order to file an objection requesting a hearing.

The Order shall state that the parties have 10 days from entry of the Order to file an objection requesting a hearing.

CRITICAL

Deadline

7 calendar days

The moving party must file the original motion by the Clerk’s Office closing time and no later than seven calendar days before the hearing.

A moving party, by counsel or pro se, shall file an original motion and serve a copy thereof no later than closing time in the Clerk's Office seven (7) calendar days immediately preceding the day upon which the motion shall be heard.

CRITICAL

Counsel must file the written entry of appearance forthwith after being retained, unless the appearance is apparent from filed pleadings.

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

CRITICAL

With respect to any evidentiary hearing conducted at any time during an action in which the days and not later than forty-five (45) days following the latter to occur of (i) the expiration court enters a final order, except for good cause shown by any party, not earlier than ten (10) has timely filed such notice of appeal) or (ii) the finality of the last available order of any of time within which any party may file a notice of appeal from such final order (if no party court for further adjudication), each party, by counsel or prose (if the party is self- appellate court with jurisdiction therein (excepting an order remanding the action to this represented), shall tender to the court for entry an ex parte order authorizing the clerk of this the clerk and upon due execution of receipt therefore, to return to such party, by counsel or court to permit such party, by counsel or pro se, after such party's prior arrangement with prose, on demand (not later than thirty [30] days thereafter) all exhibits introduced into action.

With respect to any evidentiary hearing conducted at any time during an action in which the days and not later than forty-five (45) days following the latter to occur of (i) the expiration court enters a final order, except for good cause shown by any party, not earlier than ten (10) has timely filed such notice of appeal) or (ii) the finality of the last available order of any of time within which any party may file a notice of appeal from such final order (if no party court for further adjudication), each party, by counsel or prose (if the party is self- appellate court with jurisdiction therein (excepting an order remanding the action to this represented), shall tender to the court for entry an ex parte order authorizing the clerk of this the clerk and upon due execution of receipt therefore, to return to such party, by counsel or court to permit such party, by counsel or pro se, after such party's prior arrangement with prose, on demand (not later than thirty [30] days thereafter) all exhibits introduced into action.

WARNING

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.

WARNING

A party must demand return of the party’s hearing exhibits no later than 30 days thereafter, after arranging with the clerk and executing a receipt.

after such party's prior arrangement with the clerk and upon due execution of receipt therefore, to return to such party, by counsel or pro se, on demand (not later than thirty [30] days thereafter) all exhibits introduced into evidence by such party at each evidentiary hearing which the court has conducted in such action.