Montgomery Circuit Court 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.

CRITICALCivil cases

Emergency Protective Orders must be filed immediately on the next available business date, no later than noon that day.

Any and all Emergency Protective Orders shall be filed immediately at the relevant Circuit Clerk's Office on the next available date when this office is open for business no later than noon on that date.

CRITICAL

Deadline

1 hours

After regular business hours, the authorized agencies must present a petition to a judge or trial commissioner within one hour, unless none is available.

D. Upon receipt of a petition after regular business hours, the authorized agencies as addressed herein shall present the petition to the District Judges, Circuit Judges and/or Trial Commissioners within one hour of its presentation to them unless it is impossible due to the unavailability of a Judge or Trial Commissioner.

CRITICAL

Deadline

1 hours

During regular business hours, the relevant clerks must present a petition to a judge or trial commissioner within one hour, unless none is available.

C. Upon receipt of a petition during regular business hours, the relevant Clerks of the 21st Judicial District shall present the petition to the District Judges, Circuit Judges and/or Trial Commissioners within one hour of its presentation to them unless it is impossible due to the unavailability of a Judge or Trial Commissioner.

CRITICAL

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, after careful examination of the case, he/she is unable to 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, after careful examination of the case, he/she is unable to present a defense.

CRITICAL

A reply to a motion to dismiss or summary motion is required within 20 days from the date on the certificate, after which it is submitted to the judge.

Motion to dismiss/summary are not noticed for date certain but a reply to motion is required within 20 days from date on certificate, then submitted to the judge.

CRITICALCivil cases

Deadline

48 hours

Motions must be filed at least 48 hours before the scheduled hearing, excluding weekends and holidays when service is made in person.

To assist the Clerk and the Court in preparation, all motions must be in writing and filed no later than forty-eight (48) hours prior to the scheduled hearing, excluding weekends and holidays if the service is made in person.

CRITICAL

Deadline

1 hours

After regular business hours, authorized agencies shall present petitions to a judge or trial commissioner within one hour, unless one is unavailable.

Upon receipt of a petition after regular business hours, the authorized agencies as addressed herein shall present the petition to the District Judges, Circuit Judges and/or Trial Commissioners within one hour of its presentation to them unless it is impossible due to the unavailability of a Judge or Trial Commissioner.

CRITICALCriminal cases

Alternatively, an eligible person may apply for a pretrial diversion order within 14 days after final sentencing.

Alternatively, after a guilty plea has been entered any person eligible for the program may apply to the Circuit Court and the Commonwealth for entry of a pretrial diversion order within 14 days of final sentencing .

CRITICAL

A response is due 20 days from the motion's certification date.

The response time shall be twenty (20) days from the certification date of the motion, but may be extended on agreement of the parties with approval of the Court.

CRITICALCivil cases

Any dispositional report must be filed and provided at least three days before the disposition hearing.

At the Dispositional Hearing, CHFS shall provide the Court and all Attorneys of record with the information required pursuant to FCRPP 28, and any dispositional report shall be filed and provided to the court and all attorneys of record at least three (3) days prior to a disposition hearing, by completing form DNA-12.

CRITICAL

Motions must be filed one week before motion day.

Motions must be filed one week before motion day and include defendant and judge on certificate of service.

CRITICAL

A statement of appeal must be filed within 30 days after the first notice of appeal unless an extension motion is filed under CR 74.

If the appeal is not perfected by the filing of a statement of appeal as provided by CR 72.06, within 30 days from the date of filing the first notice of appeal as provided by Cr 72.08, and no motion for extension of time is filed as provided by CR 74, the Clerk shall dismissal and remand shall be entered.

CRITICALCivil cases

When copies are served by mail, the motion must be filed at least five days before the scheduled hearing.

If copies to opposing counsel and the Court are served by mail, said motion must be filed no later than five (5) days prior to the date of the scheduled hearing.

CRITICAL

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

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

CRITICAL

Any assignment of the note and mortgage to the named Plaintiff must be executed before the foreclosure complaint is filed.

the original of the note and mortgage to the named Plaintiff must be executed prior to the filing of the foreclosure complaint;

CRITICAL

Deadline

1 hours

During regular business hours, clerks shall present petitions to a judge or trial commissioner within one hour, unless one is unavailable.

Upon receipt of a petition during regular business hours, the relevant Clerks of the 21st Judicial District shall present the petition to the District Judges, Circuit Judges and/or Trial Commissioners within one hour of its presentation to them unless it is impossible due to the unavailability of a Judge or Trial Commissioner.

CRITICAL

All motions; civil, criminal or domestic; must be filed with the clerk by the close of business at least one week prior to the day they are to be heard, unless there is approval from the Court to file a motion after that time. The Circuit Clerk is directed to mail back to the respective attorney, motions not filed timely.

All motions; civil, criminal or domestic; must be filed with the clerk by the close of business at least one week prior to the day they are to be heard, unless there is approval from the Court to file a motion after that time. The Circuit Clerk is directed to mail back to the respective attorney, motions not filed timely.

CRITICALCriminal cases

An eligible person may apply for a pretrial diversion order after indictment, no later than 14 days before trial.

After indictment in circuit court, and no later than 14 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

The court must review protective-order petitions immediately upon filing; petitioners should not wait for extended periods, and review should occur within an hour of presentation unless no judge or trial commissioner is 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.

CRITICAL

If the statement of appeal is timely filed and no counter-statement is filed pursuant to CR 72.12, within 30 days thereafter, and no motion for extension of time is filed within 10 days after that, the Circuit Clerk shall provide the appropriate Circuit Judge with the file and the case shall stand submitted.

If the statement of appeal is timely filed and no counter-statement is filed pursuant to CR 72.12, within 30 days thereafter, and no motion for extension of time is filed within 10 days after that, the Circuit Clerk shall provide the appropriate Circuit Judge with the file and the case shall stand submitted.

WARNINGCivil cases

Deadline

1 hours

During regular business hours, the relevant clerks must present a petition to a judge or Trial Commissioner within one hour, unless none is available.

C. Upon receipt of a petition during regular business hours, the relevant Clerks of the 21s Judicial District shall present the petition to the District Judges, Circuit Judges and/or Trial Commissioner within one hour of its presentation to them unless it is impossible due to the unavailability of a Judge or Trial Commissioner.

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.

WARNINGCivil cases

Deadline

1 hours

After regular business hours, the authorized agencies must present a petition to a judge or Trial Commissioner within one hour, unless none is available.

D. Upon the receipt of the petition after regular business hours, the authorized agencies as addressed herein shall present the petition to the District Judges, Circuit Judges and/or Trial Commissioner within one hour of its presentation to them unless it is impossible due to the unavailability of a Judge or Trial Commissioner.