Oldham Circuit Court Filing Timing and Cure Windows

CRITICAL

The affidavit must be presented to the judge with any other documentation when the request is filed.

The affidavit shall be presented to the judge with any other documentation presented at the time of the filing of the request.

CRITICAL

If the courthouse is closed on a scheduled filing day, the motion must be filed by 4:00 p.m. on the prior business day.

C. In the event the Courthouse is closed on the above days, the motion shall be filed by 4:00 p.m. on the prior business day.

CRITICAL

Motions filed after the stated deadlines will be rejected and must be re-noticed for the next docket.

D. Any Motions filed after the deadlines established herein shall be rejected by the clerk and will have to be re-noticed for the next docket.

WARNING

Mailed or emailed motions are not recognized until the original is received and filed by the appropriate Circuit Clerk.

Parties may mail or e-mail to the Court prior to the hearing date for informational purposes, but mailed or e-mailed motions shall not be recognized by the Court until the original is received and filed in the record by the appropriate Circuit Clerk.

CRITICAL

The Master Commissioner must sell the property within 90 days after the referral order, except that vacant and abandoned property is sold under KRS 426.205.

(a) The Master Commissioner of the Oldham/Henry/Trimble Circuit Court shall sell the property within ninety (90) days after the date of the order of referral except that property found to be "vacant and abandoned" shall be sold in accordance with KRS 426.205.

CRITICAL

In dissolution matters involving minor children, the Proof affidavit or interrogatories must not be signed until 60 days have elapsed from service or the Respondent’s entry of appearance.

The Proof affidavit or interrogatories shall not be signed prior to the expiration of 60 days from the date of service or entry of appearance by the Respondent in Dissolution matters where there are minor children.

CRITICAL

Status and Paternity motions must be filed by 4 p.m. on the preceding Thursday.

Status & Paternity: Thursday (second), 9 a.m. Deadline for filing motions​ is preceding Thursday, 4 p.m.

CRITICAL

A written objection and hearing request for one of the listed paternity motions must be filed within seven days of the date shown on the motion's Certificate of Service.

- B. The following motions may be filed for consideration off docket at the Court's convenience and shall stand submitted to the Court unless a written objection and request for hearing is filed within seven (7) days of the date shown on the Certificate of Service of the motion: - 1. Motion for Appointment of Guardian ad Litem - 2. Motion to Request for Approval of Guardian ad Litem fee - 3. Motion for Wage Assignment pursuant to KRS 403.215 and KRS 405.465 - 4. Motion to Submit to DNA testing.

CRITICAL

Counsel must tender final paperwork and proposed orders, including Findings of Fact and Judgment of Adoption, 14 days before the hearing unless the Court orders otherwise.

Counsel shall tender all necessary final paperwork and proposed orders to the Court fourteen days prior to the hearing for review, including Findings of Fact and Judgment of Adoption except as otherwise ordered by the Court.

CRITICAL

An objection to the Trial Order must be noticed and heard at a motion hour before trial or it is waived.

6. Any objection to this Order must be noticed and heard before on a motion hour prior to the date of the trial or said objection shall be deemed waived.

CRITICAL

The listed trial-preparation information must be filed at least fourteen days before trial.

2. At least fourteen (14) days in advance of the trial date, each party shall file and exchange the following information: - a. A pretrial memorandum on the form supplied by the Court outlining all issues in dispute to be tried; - b. A list of all witnesses that may be called to testify; and - c. A list of all exhibits that may be introduced.

CRITICAL

The pre-trial memorandum must be submitted 14 days before the trial date.

_____ Petitioner's OR _____ Respondent's (check one) Pre-trial Memorandum (to be submitted 14 days prior to trial date)

CRITICAL

A party taking exception to the Report of Sale must file the exceptions with the Court within ten days after the report is filed.

Any party taking exception to the Report of Sale shall, within ten (10) days from filing of Report of Sale, file in Court and serve a copy of his exceptions on all parties entitled to notice, and on the Master Commissioner.

CRITICAL

DNA motions must be filed by 4 p.m. on the preceding Thursday.

DNA: Thursday (first, fourth), 9 a.m. Deadline for filing motions is preceding Thursday, 4 p.m.

CRITICAL

A pre-trial memorandum must be filed by the deadline prescribed in the Court’s order setting pre-trial deadlines.

Said pre-trial memorandum shall be on a form to be supplied by the Court with the entry of the Order setting pre-trial deadlines and the filled-in memorandum shall be filed as a legal pleading by the deadline prescribed by the Court.

CRITICAL

Family Court divorce motions must be filed by 4 p.m. on the preceding Friday.

Family Court Divorce Motions: Friday (first, third, fourth), Deadline for filiing motions is preceding Friday, 4 p.m.

CRITICAL

Unless the Court directs otherwise, cases must be placed on the Motion Docket at least seven days before the regular Motion Docket.

Unless otherwise directed by the Court, all cases must be placed on the Motion Docket at least seven (7) days prior to the regular Motion Docket.

CRITICAL

The Master Commissioner must file the report of sale with the Court no later than three business days after the sale.

No later than three business days after the date of sale, the Master Commissioner shall file in Court his report of the sale

CRITICAL

Motions for Default and/or Summary Judgment and Order of Sale must be filed at least 30 days before the noticed hearing date.

(c) Motions for Default and/or Summary Judgment and Order of Sale shall be filed not less than thirty (30) days before the date noticed for hearing of the motion.

CRITICAL

A transport order for an incarcerated subpoenaed witness must be submitted at least seven days before the desired appearance.

If any subpoenaed witness is incarcerated, the party on whose behalf the witness is to testify shall submit a transport order, with appropriate times and locations, to the Court at least seven (7) days in advance of the desired appearance.

CRITICAL

The listed paternity motions must be noticed for motion hour and filed seven days before the requested date.

- D. The following motions shall be noticed for motion hour and shall be filed seven (7) days prior to the requested date: - 1. Motion to Establish Child Support - 2. Motion to Establish Parenting Time - 3. Motion to Modify, Suspend, or Terminate Child Support - 4. Motion to Determine Child Support Arrearage - 5. Motion for Contempt - 6. Motion for Summary Judgment - 7. Motion for Judgment of Paternity.

CRITICAL

Motions must be filed by the preceding corresponding weekday: by 4:00 P.M. for in-person filing or by 11:59 P.M. for e-filing.

B. Motions shall be “filed” with the Clerk’s office by 4:00 P.M. if filing in person or by 11:59 P.M. if e-filing, per the following schedule: - 1. For Motion Hour on a Monday, file by preceding Monday. - 2. For Motion Hour on a Tuesday, file by preceding Tuesday. - 3. For Motion Hour on a Wednesday, file by preceding Wednesday. - 4. For Motion Hour on a Thursday, file by preceding Thursday. - 5. For Motion Hour on a Friday, file by preceding Friday.

CRITICAL

The parties must follow the deadlines in the Order Scheduling Jury Trial.

It is mandatory the parties follow the deadlines set forth in the Order Scheduling Jury Trial.

CRITICAL

Counsel must file motions for judgment on defendants' cross-claims at least seven days before the noticed Judgment and Order of Sale motion; claims not reduced to judgment within that time face the stated limitations or dismissal.

All motions for Judgment on any Defendant's cross-claims must be filed and served by counsel not less than seven (7) days prior to the date noticed for the Judgment and Order of Sale motion. Any Defendant who does not reduce their claims to Judgment within the above time frame will be limited to pre-litigation fees per KRS 134.452, principal, and interest. Any other claim not submitted for judgment will be dismissed.

CRITICAL

Dispositional reports must be filed one week before the dispositional hearing.

All dispositional report(s) shall be filed one (1) week in advance of the dispositional hearing.

CRITICAL

Motions for the Circuit Civil schedule must be filed by 4 p.m. on the preceding Friday.

Deadline for filing motions is preceding Friday, 4 p.m.

CRITICAL

CHFS and other agency reports must be filed within 90 days after the petition is filed.

Any reports from the CHFS or other agencies shall be filed within (90) days of the filing of the petition, as stated in KRS 199.510.

CRITICAL

If not filed with the ECO, the petition must be filed within 72 hours after the child is taken into custody in the same case file as the ECO and affidavit.

If not filed with the emergency custody order, a petition shall be filed with the clerk within 72 hours of taking the child into custody in the same case file as the emergency custody order and affidavit.

CRITICAL

After the statutory periods are met, petitioner’s counsel must file a motion on the regular DNA docket with notice to all necessary parties.

After the statutory time periods have been met, counsel for the petitioner(s), shall a file a motion, with notice to all necessary parties, on the Court's regular DNA docket.

CRITICAL

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

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

CRITICAL

The listed motions must be noticed, served, and filed at least ten days before the hearing, except as provided for judicial sales and for motions to dismiss in cases initiated by an incarcerated individual.

6.11 Motions for Summary Judgment, Motions for Judgment on the Pleadings, Motions to Dismiss, Motions to Strike, and Motions under CR 12.02: Except as set forth in these Rules for Judicial Sales, all Motions for Summary Judgment, for Judgment on the Pleadings, to Dismiss, to Strike, and under CR 12.02 shall be noticed, served, and filed at least ten (10) days prior to the date to be heard on Motion Docket with a memorandum of authority. An opposing party shall have twenty (20) days from the date the motion was served to file a brief in Response. Thereafter, the moving shall be allowed seven (7) days to file a Reply brief. No further pleadings shall be allowed without leave of Court or agreement of record of all parties. Within seven (7) days from the close of the pleadings, either party may make a request for an oral argument. If no oral argument is requested then seven (7) days after the close of the briefing, the moving party shall notify the Court the matter is ready for final submission and adjudication by correspondence or AOC-280. The Clerk shall return the file to the Court. *These Rules and procedures do not apply to Motions to Dismiss in cases initiated by an individual presently incarcerated in a state or federal institution.

CRITICAL

DVO and IPO petitions must be filed during regular work hours at the specified county Circuit Clerk's Office; listed officials and organizations may provide and verify petitions in emergencies outside normal business hours.

- A. Per KRS 403.725 and 456.030, during regular work hours, a verified petition for Domestic Violence Order (DVO) of protection or Interpersonal Protective Order (IPO) shall be filed at the Circuit Clerk's Office in the county where petitioner resides or in the county to which Petitioner has fled to escape domestic violence and abuse. Pursuant to KRS 403.725(4) and KRS 456.030(4), all law enforcement officers, Commonwealth's Attorneys, County Attorneys, regional rape crisis centers, or domestic violence shelters are authorized to provide and verify domestic violence petitions in emergencies arising outside normal business hours of the Circuit Clerk's offices.

CRITICAL

A hearing must be held within 60 days after a motion for a trial date.

A hearing shall be held within sixty (60) days of a motion for a trial date.

CRITICAL

The appraisal must be filed in the court record before the sale.

In accordance with KRS 426.520(2) the appraisal shall be in writing, shall be signed by the persons making it, and shall be filed in the court record prior to sale.

CRITICAL

Required documents, including final disclosure statements, must be filed by the deadlines set in the applicable rules.

7. The parties shall file and exchange all required documents under the Civil Rules, the Family Court Rules of Practice and Procedure, or the local rules of this jurisdiction, including final disclosure statements by the deadlines set forth therein.

CRITICAL

Unless the Court directs otherwise, requests to docket a case and notices of motions must be filed at least 7 days before the Motion Docket.

Unless otherwise directed by the Court, all requests to docket a case and notice of all motions must be electronically served upon opposing counsel and filed at least 7 days prior to the Motion Docket.

CRITICAL

The petitioner must obtain a pretrial date by filing a motion noticed for the first available motion hour occurring 21 days after filing.

In accordance with FCRPP 32(1), the petitioner shall obtain a pretrial date by filing a motion noticed for the first available motion hour occurring 21 days post filing.

WARNING

If trial is rescheduled, this Trial Order remains in effect and its scheduling requirements apply to the new date.

8. In the event the trial is rescheduled, this Trial Order remains in effect and in all scheduling requirements contained herein shall be applicable to the rescheduled date.

WARNING

Time periods are calculated in calendar days unless another rule specifies otherwise.

Time calculations: For the purpose of calculating times, all days are calendar days unless otherwise specified.

WARNING

- C. Motions to hold a Party in contempt for violation of the terms or conditions of a protective order should be noticed for the motion hour docket in the county in which the case is pending. Such motions should be filed at least seven (7) days in advance of the motion hour in a manner consistent with Rule 203 herein.

- C. Motions to hold a Party in contempt for violation of the terms or conditions of a protective order should be noticed for the motion hour docket in the county in which the case is pending. Such motions should be filed at least seven (7) days in advance of the motion hour in a manner consistent with Rule 203 herein.

WARNING

The Commonwealth has an opportunity to respond within ten days after the motion is presented at the initial hearing.

The Commonwealth shall have the opportunity to respond in writing to the motion within ten (10) days of the presentation of the motion at the initial hearing.

WARNING

Witnesses and exhibits must be identified at least fourteen days before trial to be permitted, unless good cause is shown.

4. Witnesses or Exhibits not identified at least fourteen (14) days in advance of the trial shall not be permitted at trial except upon good cause shown.