Nelson Circuit Court Filing Timing and Cure Windows

CRITICAL

The court must review a protective-order petition immediately upon filing.

F. The court shall review a petition for a protective order immediately upon its filing. KRS 403.730, KRS 456.040.

CRITICALCivil cases

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

Criminal motions must comply with the filing and notice requirements referenced in Chapter III(C)(1) and (2).

Motions in criminal cases shall comport with the filing and notice requirements of Chapter III (C) (1) and (2).

CRITICAL

During regular business hours, the Circuit Clerk's Office must immediately present a received petition for domestic violence relief as directed by the protocol.

Upon receipt of a petition during regular business hours, the Circuit Clerk's Office shall immediately present the petition to the following:

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.

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.

CRITICAL

A motion set for a rule day must be filed with the Circuit Clerk eight days before the rule day for which it is initially set.

Each motion to be made on a rule day shall be filed in the office of the Circuit Clerk eight (8) days preceding the rule day for which the motion is initially set .

CRITICALCivil cases

Deadline

48 hours

When service is in person, motions must be filed and served at least 48 hours before the hearing, excluding Saturdays, Sundays, and holidays.

All motions shall be filed and served not later than forty-eight (48) hours prior to the scheduled hearing on the motion, excluding Saturdays, Sundays, and holidays, if service is made in person.

CRITICAL

A party may not file a motion for mediation until that party has filed their VDS.

No motion for mediation may be filed by a party until such time as their VDS has been filed.

CRITICAL

Both parties must file the completed Verified Disclosure Statement with the Circuit Court Clerk within 30 days after the Petition for Dissolution of Marriage is filed.

The completed Verified Disclosure Statement, sworn to under oath and under penalty of perjury, shall be filed by both parties with the Circuit Court Clerk within thirty days of the filing of the Petition for Dissolution of Marriage .

CRITICALCivil cases

All parties must file the required pre-trial materials no later than 14 days before the final hearing.

Not later than fourteen (14) days prior to the final hearing, all parties shall file the following:

CRITICALCivil cases

Deadline

48 hours

If service is made in person, motions must be filed and served at least 48 hours before the scheduled hearing, excluding Saturdays, Sundays, and holidays.

All motions shall be filed and served not later than forty-eight (48) hours prior to the scheduled hearing on the motion, excluding Saturdays, Sundays, and holidays, if service is made in person.

CRITICALCivil cases

The Commissioner must prepare a report of recommendations within 60 days after a matter is submitted.

The Commissioner shall prepare a Report of his/her recommendations to the Court on any matter submitted to him/her within sixty (60) days

CRITICALCriminal cases

An eligible person may apply for pretrial diversion after indictment, but no later than three days before trial.

After indictment in circuit court, and no later than 3 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.

CRITICALCivil cases

Deadline

1 hours

Petitions must be reviewed within an hour of presentation unless no judge or trial commissioner is available.

Petitions shall 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.

CRITICALCriminal cases

An eligible person may apply for pretrial diversion after indictment and no later than 3 days before trial.

After indictment in circuit court, and no later than 3 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.

CRITICALCivil cases

The Commissioner must prepare a report within 60 days after a matter is submitted, including findings of fact and conclusions of law when required by law.

The Commissioner shall prepare a Report of his/her recommendations to the Court on any matter submitted to him/her within sixty (60) days, including findings of fact and conclusions of law where required by law.

CRITICALCriminal cases

The assessment, Notice of Eligibility form, and pertinent information must be completed and submitted to the Mental Health Court team before the defendant's next scheduled court appearance.

The assessment, the Notice of Eligibility form, and any other pertinent information regarding the defendant shall be completed and submitted to the Mental Health Court team prior to the defendant's next scheduled court appearance.

CRITICALCivil cases

If copies are served on opposing counsel by mail, the motion must be filed at least five days before the hearing.

If copies to opposing counsel are served by mail, said motion must be filed not later than five (5) days prior to the day of said hearing on the motion.

CRITICAL

A party who files objections or exceptions must notice them for hearing on the next available motion hour.

If objections or exceptions are filed, the party filing the objections or exceptions shall notice them for hearing on the next available motion hour.

CRITICALCivil cases

All parties must file the required pre-trial compliance materials no later than 14 days before the final hearing.

Not later than fourteen (14) days prior to the final hearing, all parties shall file the following:

CRITICAL

Each party has 15 days thereafter to amend or supplement their VDS.

Each party shall have 15 days thereafter to Amend or Supplement their respective VDS .

CRITICAL

All parties must file pre-trial compliance statements no later than 60 days before trial.

Not later than 60 days prior to the trial date, all parties shall file pre-trial compliance statements, the contents of which shall be as follows, to-wit :

CRITICALCivil cases

Commissioner motions must be filed with the Circuit Clerk at least eight days before the scheduled motion day.

All motions shall be filed in the office of the Circuit Clerk at least eight (8) days prior to the scheduled motion day.

CRITICALCivil cases

If copies to opposing counsel are served by mail, the motion must be filed at least five days before the hearing.

If copies to opposing counsel are served by mail, said motion must be filed not later than five (5) days prior to the day of said hearing on the motion.

CRITICAL

If no party serves written objections on the other parties within ten days after entry of the notice, the court may adopt the Commissioner's report as submitted.

Unless written objection is served by any party on the other parties within ten days after the date of entry of this notice, the court may adopt the report of the commissioner as submitted.

CRITICAL

The Commissioner must prepare a report of recommendations within 60 days after a matter is submitted, including findings of fact and conclusions of law when required by law.

The Commissioner shall prepare a Report of his/her recommendations to the Court on any matter submitted to him/her within sixty (60) days, including findings of fact and conclusions of law where required by law.

CRITICAL

In a contested divorce or legal-separation action, the parties must file a VDS within 40 days after the petition is filed.

In each contested action for divorce or legal separation, the parties shall file a Verified Disclosure Statement (VDS) no later than forty (40) days after the filing of the Petition.

CRITICAL

An amendment thereafter may be made only by proper motion and court ruling.

Any amendment thereafter can be made only by proper motion and ruling by the Court.

CRITICAL

Time for filing and serving a motion must be computed in accordance with CR 6.01.

Time for filing and service of a motion shall be computed in accordance with CR 6.01 .

CRITICALCivil cases

Motions before the Domestic Relations Commissioner must be filed at least eight days before the scheduled motion day.

All motions shall be filed in the office of the Circuit Clerk at least eight (8) days prior to the scheduled motion day.

WARNING

Failure to file a completed disclosure statement at least 10 days before mediation could result in sanctions.

Failure of a party to file a completed disclosure statement at least ten (10) days prior to mediation could result in sanctions deemed appropriate by the Domestic Relations Commissioner.

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.

WARNINGCivil cases

Compute the time for filing and serving a motion under Civil Rule 6.01.

Time for filing and service of a motion shall be computed in accordance with Civil Rule 6.01.

WARNINGCivil cases

If no objections or exceptions are filed, the Report is automatically submitted to the presiding judge on the eleventh day after notice of its filing is served.

If no objections or exceptions are filed, the Report shall be automatically submitted to the presiding judge on the eleventh day after the notice of the filing of the Report was served on the parties.

WARNING

Deadline

1 hours

Petitions must be reviewed within an hour after presentation to a judge or trial commissioner, unless their unavailability makes review impossible.

E. Petitions shall 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.

WARNING

If no objections or exceptions are filed, the report is automatically submitted to the presiding Judge on the 11th day after notice of filing is served.

If no objections or exceptions are filed, the Report shall be automatically submitted to the presiding Judge on the eleventh day after the notice of the filing of the Report was served on the parties .

WARNINGCivil cases

The time for filing and serving a motion must be computed under Civil Rule 6.01.

Time for filing and service of a motion shall be computed in accordance with Civil Rule 6.01.