Perry 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.

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.

CRITICAL

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.

CRITICAL

Motions under PCFCR 201(A.) must be filed and clocked by 4:00 p.m. on the preceding Monday, and copies must be mailed, placed in the Clerk’s outside mailbox, or hand delivered by that time.

All motions pursuant to PCFCR 201(A.) shall be filed and clocked no later than 4:00 p.m. on the preceding Monday with copies to be mailed, placed in the mailbox located outside the Clerk's office at the Hall of Justice, or hand delivered by 4:00 p.m. on the preceding Monday.

CRITICAL

The Clerk will assign a motion to a docket only if both the motion and notice are filed by 4:00 p.m. on the preceding Monday before the hearing date.

The Clerk will not assign any motion to a docket unless the motion and notice shall have been filed in the Clerk's office no later than 4:00 p.m. on the preceding Monday prior to the date set for hearing.

WARNING

Petitions should be reviewed within an hour of presentation, unless no judge or trial commissioner 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

Deadline

24 hours

A response to the motion must be filed at least 24 hours before the hearing time specified in the notice.

Such response shall be filed at least 24 hours prior to the time specified in the notice of hearing of the motion .

CRITICAL

The opposing party's schedules are due within ten days after service of the motion for a trial date, unless the Commissioner orders a different period.

Verified schedules in the same form and for the opposing party shall be filed by the opposing party within ten (10) days of the service of the motion for a trial date unless a different period is fixed by order of the Domestic Relations Commissioner .

CRITICAL

If no pre-trial order is entered at the conference, attorneys must submit the order no later than ten days after the conference.

If a pre-trial order is not entered at the time, the attorneys shall be responsible for preparation and sub- mission of a pre-trial order, incorporating the Court's rulings, agreements or stipulations of the parties and any matter designated by the Court not later than ten days following the pre-trial conference

CRITICAL

Exceptions must be filed and noticed, and a status hearing held, by the second regularly scheduled civil motion hour after the order is tendered by the Clerk.

EXCEPTIONS to Domestic Relations Commissioner's Recommendations shall be filed and noticed and a status hearing held before the Judge of the Circuit Court no later than the 2nd regularly scheduled civil motion hour following the date of the order as tendered by the Clerk.

CRITICAL

Parties must file exceptions with the Domestic Relations Commissioner within 10 days after entry of the proposed findings, conclusions, and opinion.

The parties shall have ten (10) days from the date of entry of the proposed findings of fact, conclusions of law and opinion in which to file exceptions with the Domestic Relations Commissioner to said proposed findings of fact, conclusions of law and opinion as entered pursuant to Rule 5 .

CRITICAL

The State Child Protective Service agency report and any guardian ad litem report must be filed within 60 days of notice or appointment.

Pursuant to FCRPP 33(1) The State Child Protective Service agency report pursuant to KRS 199.510, and the guardian ad litem report, if any, pursuant to KRS 199.515 shall be filed within sixty (60) days of notice and/or appointment.

CRITICAL

Unless the court is notified that the case is being mediated, the petitioner must file a motion for a case management conference within 60 days after service of the dissolution petition, for the first available Monday thereafter.

Unless notice is given to the court that a case is being mediated, within 60 days of service of the petition for dissolution of marriage upon the respondent, the petitioner shall file a motion for a case management conference for the first available Monday thereafter. (See FCRPP 2(6))

CRITICAL

The proposed order must be submitted within seven calendar days of the hearing unless otherwise directed.

The moving attorney and/or party shall submit a proposed order to the Domestic Relations Commissioner's recommendations within seven (7) calendar days of the hearing unless otherwise directed.

CRITICALCriminal cases

Eligible persons may apply for a pretrial diversion order after indictment, but no later than the stated number of days before trial; the number is blank in the text.

A. After indictment in Circuit Court, and no later than - 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

Parties must file exceptions with the Circuit Court within 10 days after entry of the Commissioner's final ruling on their exceptions.

The parties shall file exceptions with the Circuit Court within ten (10) days after the entry of the final ruling of the Domestic Relations Commissioner on the exceptions taken to his/her proposed findings of fact, conclusions of law and opinion .

CRITICAL

Except for good cause shown, written instructions must be submitted at or before the pre-trial conference.

Except for good cause shown, before a case is heard at the pre-trial conference, the parties shall comply with the following : 1. Pleadings completed and issues made up . 2. Discovery proceedings complete or scheduled . 3. At or before the pre-trial conference submit written instructions incorporating the parties then under- standing of the issues and the law . 4. Be prepared to stipulate certain facts as to admissibility of certain documents or other evidence, or withdraw certain allegations or defenses appearing in the pleading whenever possible and if same can be done without prejudice to the presentation of the case by either, party . In tort actions involving personal injury, be prepared to exchange such medical reports and copies of medical bills or evidence of special damages as are subject to discovery under the Rules of Civil Procedure

CRITICAL

Deadline

10 working days

Handwritten or recorded mediation agreements must be typed and signed within ten working days.

Handwritten or recorded mediation agreements must be typed and signed by all parties and their counsel, if any, within ten (10) working days.

CRITICAL

For qualifying contested trials or motions, except motions to modify visitation privileges, the Commissioner must complete the specified preparation, entry, and service within 30 days after the final hearing.

Upon the f inal hearing of a contested trial or motion, the result of which any decree entered or modified or parts thereof terminated, except for motions to mcdify visitation privileges, the Domestic Relations Commissioner shall prepare and enter and have served upon the parties his/her proposed findings of fact, conclusions of law and opinion within thirty (30) days after the conclusion of the final hearing .

CRITICAL

If issues remain unresolved after final mediation, the petitioner must file a motion for a case management conference or final hearing date within 10 days, unless the Court has already scheduled one.

Within 10 days of a final mediation, if the parties have been unable to resolve all issues, the petitioner shall file a motion for a case management conference or final hearing date, unless previously scheduled by the Court.

CRITICAL

Deadline

5 working days

The required mediation materials must be provided at least five working days before the mediation conference.

five (5) working days prior to the mediation conference

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.