Rockcastle County Circuit Court, Kentucky Filing Timing and Cure Windows

CRITICAL

The verified, sworn domestic violence petition must be presented immediately to the appropriate judicial officer by the verifier or a peace officer in the county.

D. The sworn domestic violence petition shall then be immediately presented, by the person verifying same, or by any peace officer within the county, to the appropriate judicial officer as set forth below in Sections III and IV.

CRITICAL

Motions for a Motion Day must be filed by 3:00 p.m. on the preceding Friday; a later-filed motion may be placed on the docket at the presiding judge’s discretion.

B. Each motion to be heard on a Motion Day shall be filed with the Clerk no later than 3:00 p.m. on the Friday immediately preceding the Motion Day for which the motion has been noticed. Any motion filed after 3:00 p.m. may be placed on the docket at the discretion of the presiding judge.

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. KRS 403.730, KRS 456.040.

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.

WARNING

Petitions should be reviewed within an

Petitions should be reviewed within an

CRITICAL

Within fifty days of appointment, the Guardian ad Litem or Military Attorney must file either an answer for the Respondent or a report stating that, after careful examination, the Respondent is unable to present a defense.

Within fifty (50) days of the appointment, the Guardian ad Litem or Military Attorney shall either file an answer on behalf of the Respondent or a report stating that after careful examination of the case that the Respondent is unable to present a defense.

CRITICAL

The Domestic Relations Commissioner must file a report and recommendation no later than 14 days after the hearing and submission of all evidence and briefs.

6. The Domestic Relations Commissioner shall file a report and recommendation not later than 14 days following the hearing and the submission of all evidence and briefs.

CRITICAL

Motions filed on the Status J docket, other than contempt motions, must be filed one week before the court date.

Any motion, except contempt, filed on the Status "J" docket shall be filed one week in advance of the court date.

CRITICAL

Motions must be filed and noticed five days, excluding weekends, before the hearing.

D. Motions shall be filed and noticed five days (excluding weekends) prior to hearing.

CRITICAL

Deadline

3 business days

The Petitioner must tender the required proposed documents no later than three business days before the final hearing.

No later than three (3) business days prior to the Final Hearing, the Petitioner shall tender a proposed Findings of Fact and Conclusions of Law and a separate Judgment of Adoption or Termination of Parental Rights for entry by the Court.

CRITICAL

Deadline

48 hours

If the parent seeking termination is indigent, an attorney must be appointed within 48 hours of the court's determination.

If yes, was an attorney appointed within 48 hours of court's determination?

CRITICAL

Deadline

1 hours

Domestic violence petitions must be directed for judicial review as soon as reasonably possible and no later than one hour after filing, unless the judge or trial commissioner is unavailable.

Petitions filed with the Clerk or other authorized entity shall be directed to the appropriate Judge or Trial Commissioner for review as soon reasonably possible, not to exceed one hour of filing, EXCEPT in circumstances where the Judge or Trial Commissioner is unavailable.

CRITICAL

Deadline

1 hours

Petitions must be directed for judicial review as soon as reasonably possible and within one hour of filing, unless the judge or Trial Commissioner is unavailable.

Petitions filed with the Clerk or other authorized entity shall be directed to the appropriate Judge or Trial Commissioner for review as soon as reasonably possible, not to exceed one hour of filing, EXCEPT in circumstances where the Judge or Trial Commissioner is unavailable.

CRITICAL

The guardian ad litem fee motion and affidavit must be filed at the final hearing or before the final judgment is entered.

Guardian ad litem fee Motion and Affidavit shall be promptly filed at the final hearing or prior to entry of the final judgment.

CRITICAL

A post-judgment motion alleging failure to abide by an order or judgment must be filed with the Clerk at least ten days before the Rule Day on which it will be heard.

2. Post-Judgment Proceedings - A post-judgment motion for a Rule for failure to abide by the provisions of any order or judgment must be filed with the Clerk no later than ten days prior to the Rule Day on which the motion is to be heard.

CRITICAL

Deadline

72 hours

The checklist calls for confirming that the petition was filed at least 72 hours after the child's birth.

Was the petition filed 72 hours or more after the child's birth?

CRITICAL

The responding party has seven days to file a similar statement or object to the motion to submit.

The responding party shall have seven (7) days in which to file a similar statement or object to the motion to submit.

CRITICAL

Motions on the Paternity/Child Support "J" docket must be filed one week before the court date.

Any motion filed on the Paternity/Child Support "J" docket shall be filed one week in advance of the court date.

CRITICAL

The checklist calls for confirming that the petition was filed at least five days after the child's birth.

Was the petition filed five (5) days or more after the child's birth?

CRITICAL

If revisions are required, the Petitioner must tender the revised documents within three business days after the final hearing.

Should the Court require revisions, the Petitioner shall tender a revised Findings of Fact and Conclusions of Law and a separate Judgment of Adoption or Termination of Parental Rights within three (3) business days following the Final Hearing for the Court's entry.

CRITICAL

If no objection is filed, the case stands submitted seven days after the hearing on the motion to submit.

If no objection is filed, the case shall stand submitted seven (7) days after the hearing on the motion to submit.

CRITICAL

The Domestic Relations Commissioner must file a report and recommendation no later than 14 days after the hearing and submission of all evidence and briefs.

6. The Domestic Relations Commissioner shall file a report and recommendation not later than 14 days following the hearing and the submission of all evidence and briefs.

WARNING

Deadline

3 business days

The Court will set a hearing date within three business days after filing, and the hearing must be no more than 30 calendar days after filing.

Within three (3) business days after a petition for the voluntary termination of parental rights is filed, the Court will set a date for a hearing which shall not be more than thirty (30) calendar days after the petition is filed.

WARNING

The Court will automatically schedule a case management or pretrial conference 30 days after the petition is filed and notify all parties.

The Court will automatically schedule a case management conference or pretrial conference 30 days after the filing of the petition and send notice to all parties.