Owsley County Circuit Court, Kentucky Filing Timing and Cure Windows

CRITICAL

An appropriately marked and entered faxed copy is treated for all legal requirements as if the original had been entered at that time.

(b) The appropriately marked and entered facsimile copy will for all legal requirements be considered the same as if the original had been entered at that time.

CRITICAL

The Clerk receives and enters faxed copies of Orders and Judgments in the same manner as mailed originals, upon receipt.

(a) Facsimile copies of Orders and Judgments will be received by the Clerk and entered in the same manner as if they were originals received in the mail. In other words, they will be entered upon receipt.

CRITICAL

Upon motion in a matter submitted under this procedure, the Petitioner may not begin proof until the answer period expires and must complete proof within four weeks thereafter.

In all matters to be submitted, upon motion to the Court, the proof for the Petitioner shall not be commenced until the time for filing an answer has expired, and said proof shall be completed within four (4) weeks thereafter.

CRITICAL

The Commissioner’s recommendations in an uncontested case must be filed in the Circuit Clerk’s Office no later than 30 days after the hearing.

The Commissioner's Recommendations shall be filed in the Circuit Clerk's Office no later than thirty (30) days after a Hearing in an uncontested case

CRITICAL

Written objections must be filed within ten days after service to prevent the proposed Order or Judgment from being signed and entered.

the proposed Order or Judgment will be signed and entered unless written objections have been filed within ten (10) days from the date of service.

CRITICAL

A petition for a pre-trial diversion order must be filed no less than fourteen days before trial.

(a) 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 fourteen (14) days before trial.

CRITICAL

The required joint statement must be submitted within thirty days after mediation terminates.

This statement shall be submitted within thirty (30) days of the termination of mediation.

CRITICAL

Deadline

5 working days

Temporary-order hearings must receive immediate action, and the Commissioner must issue recommendations to the parties or their attorneys within five working days after the hearing.

Temporary Orders - All Hearings for temporary Orders shall receive immediate action by the Commissioner, and he/she shall issue his or her recommendations to all parties or their attorneys within five (5) working days following the Hearing.

CRITICAL

The Respondent must complete proof within the four weeks following the Petitioner’s proof period.

The Respondent shall complete his/her proof within the following four (4) weeks.

CRITICAL

The Petitioner has two weeks after the Respondent’s proof period to complete any rebuttal.

The Petitioner shall then have two (2) weeks in which to complete any rebuttal.

CRITICAL

The Order or Judgment will be entered after ten days from tendering the original to the Judge and serving a copy on counsel for all parties, unless the objecting party files and serves written objections or the Court has good reason not to enter it.

After the passage of ten (10) days from the date of tendering the original of said Order or Judgment to the Judge, with service of a copy of same upon counsel for all parties, the Order or Judgment will be entered unless written objections thereto including a time for a Hearing scheduled pursuant to these Rules have been filed and served upon all parties and the Court by the objecting party or unless the Court for good reason feels that said Order or Judgment should not be entered, in which case, the Court will notify all counsel of a time and place for a Hearing to be had on the tendered Order or Judgment.

CRITICAL

A properly served party may file a response with supporting authorities by the time specified in the motion’s Notice of Hearing; failure to do so may be grounds to deny leave to file late.

Any party properly served with a Motion accompanied by a Statement or Memorandum of Law supporting said Motion may file a Response containing supporting authorities at or before the time specified in the Notice of Hearing of the Motion. Failure to file a Response to a Motion accompanied by such a Statement or Memorandum may be grounds for denying a request for leave to file such a Response after the time specified for a hearing of said Motion.

CRITICAL

The Commissioner’s recommendations in a contested case must be filed no later than 90 days after the hearing.

no longer than ninety (90) days after a Hearing in a contested case

CRITICAL

Deadline

3 business days

Cases must be placed on the Motion Docket by close of business three business days before the regular Motion Hour/Rule Day, subject to leave of Court; the Clerk closes the docket at that time.

All cases must be placed on the Motion Docket by the close of business on the third business day preceding the regular Motion Hour/Rule Day to stand for hearing on the following regular Motion Hour/Rule Day. Any exception to this docketing rule shall be by leave of Court only, and the Clerk is directed to close the Docket for the next Motion Hour/Rule Day at the close of business on the third business day preceding the regular Motion Hour/Rule Day.

CRITICAL

Criminal motions requiring a hearing must be noticed for a regular Motion Hour/Rule Day at least 30 days before trial, unless the Court waives the requirement for just cause.

Motions to suppress evidence and any other Motions by either the Defendant or the Commonwealth that require a hearing in criminal cases shall be noticed to be heard at least 30 days before trial on a regular Motion Hour/Rule Day unless waived in the discretion of the Court for just cause.

WARNINGCriminal cases

An eligible person may petition for a pre-trial diversion order at least 14 days before trial.

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 fourteen (14) days before trial .

WARNING

The Commissioner must act on all other matters in an expeditious manner.

All other matters shall be acted upon by the Commissioner in an expeditious manner.

WARNING

After the proof and rebuttal periods, the case stands for submission at the next regular Motion Hour or Rule Day.

The case shall then stand for submission at the next regular Motion Hour/Rule Day.

WARNING

To avoid attending the Motion Docket call, submit the signed Agreed Order to the Clerk before the call.

If an Agreed Order signed by counsel for all parties affected is submitted to the Clerk before the call of the Motion Docket, counsel need not attend the call of the Motion Docket.