Powell County Circuit Court, Kentucky 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

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 for the Motion Docket are due by close of business at least seven days before the scheduled Motion Hour.

Motions to be placed on the Motion Docket shall be filed in the county of the proceeding and shall be filed in the Office of the Circuit Court Clerk in that county or electronically filed by the close of business no later than seven (7) days prior to the scheduled Motion Hour.

CRITICAL

If the filing deadline falls on a day when the Circuit Court Clerk's Office is closed, the deadline is extended to the close of that office on the preceding day.

In the event that the filing deadline falls on a day that the Circuit Court Clerk's Office is closed then the deadline for filing the Motion is extended until the close of the Circuit Court Clerk's Office the preceding day.

CRITICAL

Deadline

7 business days

In the specified civil cases, counsel for the prevailing party must prepare a conforming order or judgment within seven business days, unless the Court directs otherwise.

A. In all civil cases in which a verbal Order or Judgment is announced by the Judge and in the case of a jury verdict, an Order or Judgment in conformity therewith shall be prepared by counsel for the prevailing party within seven (7) business days after the Order or Verdict, unless directed otherwise by the Court.

CRITICAL

A response filed at a party's request or by Court order must be filed before the motion hearing unless the Court sets a different time.

If a party desires to respond or if the Court orders a response, the response to any motion shall be in similar form and shall be filed with the Clerk prior to the date set for the hearing of the motion unless a different time is fixed by the Court.

CRITICAL

Signed judgments and orders of sale must be sent to the Master Commissioner's Office within ten days after the judge signs them.

A. All signed Judgments and Orders of Sale must be sent to the Master Commissioner's Office within ten (10) days of Judge's signature.

CRITICAL

Applies to

Agency reports

CHFS, GAL, and other agency reports must be filed within 45 days after the petition is filed unless the Court extends the period.

Any reports of the CHFS, GAL or other agencies shall be filed within 45 days of the filing of the petition unless extended by the Court.

CRITICAL

The statement of appeal must be filed within 30 days after the first notice of appeal, unless a motion for extension is filed as provided by CR 74; otherwise, dismissal and remand follow.

B. If the appeal is not perfected by the filing of a statement of appeal as provided in CR 72.06 within 30 days from the date of filing the first notice of appeal as provided in CR 72.08 and no motion for extension of time is filed as provided by CR 74, the Clerk shall notity the Circuit Judge of the failure to perfect the appeal and an order of dismissal and remand shall be entered.

CRITICAL

A counter-statement is due within 30 days after a timely statement of appeal; if none is filed, a motion for extension must be filed within the following 10 days to avoid submission of the case.

C. If the statement of appeal is timely filed and no counter-statement is filed pursuant to CR 72.12 within 30 days thereafter and no motion for extension of time is filed within 10 days after that, the Circuit Clerk shall provide the Circuit Judge with the file and the case shall stand submitted.

CRITICAL

Counsel must tender all necessary paperwork and orders to the Court seven days before the hearing for review.

Counsel shall tender all necessary paperwork and orders to the Court seven (7) days prior to the hearing for review.

CRITICAL

A dissolution proceeding cannot be assigned for a final contested hearing or submitted on deposition until 20 days have elapsed, or 60 days if the parties have minor children, from the first specified triggering event.

A proceeding for dissolution of marriage will not be assigned for a final contested hearing or submitted upon deposition until twenty (20) days (or sixty (60) days, if there are minor children of the parties) has elapsed from the date of service of summons, the appointment of a warning order attorney or the filing of an entry of appearance or a verified responsive pleading by the Respondent, whichever first occurs, following the following of the petition and issuance of the summons.

CRITICAL

Deadline

3 business days

Motions filed at least three business days before motion day are docketed in order for that day; later motions are docketed on the following motion day unless the parties agree otherwise.

The Clerk shall keep a motion docket in which there shall be docketed, in order, all motions filed with the clerk no later than 3 business days prior to the Court's Motion day. Any motions filed thereafter shall be docketed on the following motion day unless otherwise agreed to by the parties.

CRITICAL

Immediately upon filing, the petitioner must obtain a pretrial date directly from the Court.

Immediately upon filing petitioner shall obtain a pretrial date per FCRPP 32 directly from the Court and shall serve a copy of the Order upon the parents and GAL with the Petition and Summons.

CRITICAL

A motion that is not timely filed must be re-noticed for a hearing on a specified day and time.

All motions not timely filed shall be re-noticed for hearing on a day and time certain.

CRITICALCriminal cases

An eligible person may apply for pretrial diversion after indictment, but no later than the pretrial conference.

After indictment in Circuit Court, and no later than the pre-trial conference any person eligible for the program may apply to the Circuit Court and the Commonwealth for entry of a pretrial diversion order.

CRITICAL

Within 60 days of appointment, the Guardian ad Litem must file an answer or a report stating that a defense cannot be presented after careful examination.

D. Within sixty (60) days of the appointment, the Guardian ad Litem shall file an answer on behalf of the respondent or a report stating that, after careful examination of the case, he or she isn't able to present a defense.

WARNING

The Court will make every effort to set a hearing within sixty (60) days of a motion for trial date, as all schedules allow.

The Court will make every effort to set a hearing within sixty (60) days of a motion for trial date, as all schedules allow.

WARNINGCriminal cases

An eligible person may apply for pretrial diversion after indictment, but no later than the pretrial conference.

After indictment in Circuit Court, and no later than the pre-trial conference any person eligible for the program may apply to the Circuit Court and the Commonwealth for entry of a pretrial diversion order .

WARNING

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.