Pike Circuit Court Filing Timing and Cure Windows

CRITICAL

Motions must be filed and clocked by noon Wednesday; motions filed later go to the following week's motion hour.

All motions filed pursuant to PFRP 201 (A) shall be filed and clocked no later than 12:00 pm on Wednesday with copies to be either mailed, hand delivered or sent by electronic transmission (CR 5.02). All motions filed after 12:00 pm shall be placed on the following week's motion hour.

CRITICAL

Verified DVO and ex parte EPO petitions are filed at the Pike Circuit Court Clerk's office, which is open from 8:00 a.m. to 4:00 p.m. Monday through Friday, excluding holidays.

A verified petition for a Domestic Violence Order (DVO) and Ex Parte Emergency Protective Order (EPO) shall be filed at the Pike Circuit Court Clerk's office located in the Hall of Justice, 89 Division Street, Pikeville, Kentucky. The clerk's office is open from 8:00 a.m. - 4:00 p.m. Monday through Friday exclusive of holidays.

WARNING

Motions are scheduled for Friday at 1:00 p.m. on Court Net, but the scheduled motion docket is not a hearing and attendance is not required.

Counsel and pro se litigants who use Court Net will find that all motions are scheduled for Friday's at 1:00 p.m. This is not a scheduled hearing, NO ATTENDANCE IS REQUIRED.

CRITICAL

Cases must be scheduled within fourteen days of filing.

Cases shall be scheduled within fourteen days of filing.

CRITICAL

A sentence hearing must be held within 90 days after the guilty plea or verdict.

Such hearing shall be held within 90 days after the plea or verdict .

CRITICAL

Deadline

3 calendar days

If a subpoena or witness list was delivered to the clerk at least nine calendar days before trial, the Sheriff must file the return at least three calendar days before trial.

The Sheriff shall file a return on each subpoena or upon each witness list furnished by the Commonwealth Attorney to the clerk at least three calendar days before trial when the subpoena or witness list was delivered to the clerk at least nine calendar days before trial .

CRITICAL

If a subpoena or witness list was delivered to the clerk fewer than nine but at least five calendar days before trial, the Sheriff must file the return at least one day before trial.

When the subpoena or witness list was delivered to the clerk fewer than nine calendar days but at least five calendar days before trial, the Sheriff shall file the return at least one day before trial .

CRITICAL

Pretrial motions and notices must be filed with the clerk at least 20 days before trial unless the court orders another time.

A. All pretrial motions and notices shall be filed in the clerk's office at least 20 days before trial or at such other time as the Gourt may provide by order .

CRITICAL

Each party must file the Preliminary Verified Disclosure Statement seven days before the Case Management hearing.

B. Preliminary Verified Disclosure Statements (Form AOC-238) shall be filed seven (7) days before the Case Management hearing by each party.

CRITICAL

Without the required supporting statement or authority citation, the motion is automatically overruled without a hearing on the next Friday more than nine days after filing, or sooner by court order.

If no such supporting statement or citation of authority is made, the motion will stand automatically overruled without hearing on the next Friday occurring more than nine (9) days after its filing, or sooner if by order of the Court .

CRITICAL

Deadline

5 calendar days

Appointment of counsel at arraignment extends the filing time for pre-arraignment motions by five calendar days.

If counsel is appointed at arraignment, the time for filing of pre-arraignment motions shall be extended by five calendar days .

CRITICAL

Deadline

5 calendar days

The presentence report must be completed at least five calendar days before the sentence hearing, and the listed recipients must be notified when it is complete.

The probation officer shall complete the presentence investigation report at least five calendar days before the sentence hearing and notify the court, the attorney for the defendant, and the attorney for the Commonwealth when the report is completed .

CRITICAL

A defendant held in jail in lieu of bail must be arraigned forthwith after indictment.

in the event a defendant is held in jail in lieu of bail, he shall be arraigned forthwith after indictment .

CRITICAL

In all other cases, returns must be filed on the trial date before the docket is called unless the court grants leave for late filing.

In all other cases, returns shall be filed on the day of trial before the call of the docket unless the court grants leave for late filing .

CRITICAL

Deadline

14 calendar days

Arraignments must be conducted within 14 calendar days after the return of an indictment or information.

All arraignments shall be conducted within 14 calendar days after the return of indictment or information .

CRITICAL

All pretrial motions, notices, and responses must be filed before the pretrial conference.

In accordance with Rule 7 hereof, all pretrial motions, notices, and responses thereto shall be filed before the conference

CRITICAL

The Commonwealth must file the discoverable witness statements at the pretrial conference.

The Commonwealth shall file all statements of witnesses discoverable under RCr 7 .26 at the pretrial conference .

CRITICAL

A person arrested on a bench warrant must be brought before the division assigned the case the following day.

If a person is arrested on a bench warrant, he or she shall be brought before the division to which the case was allotted the following day .

CRITICAL

Plea bargaining agreements will not be accepted by the court after the pretrial conference, or if no pretrial conference is held, within five calendar days of the date set for trial, unless good cause is shown .

Plea bargaining agreements will not be accepted by the court after the pretrial conference, or if no pretrial conference is held, within five calendar days of the date set for trial, unless good cause is shown .

CRITICAL

A motion to withdraw a guilty plea must be made at least seven days before the sentence hearing.

A motion to withdraw a guilty plea shall be made at least seven days before the sentence hearing .

CRITICAL

The Sheriff must return each indictment warrant within 10 days, except when the defendant does not reside in Pike County or has absconded.

The Sheriff shall make a return on each indictment warrant within 10 days unless the defendant does not reside in Pike County or has absconded .

WARNING

Periods prescribed by these rules must be computed as provided by RCr 1.10(a).

Unless otherwise indicated by these rules, the computation of any period of time prescribed by these rules shall be made in the manner prescribed by RCr 1 .10 (a) .