Scott Circuit Court Filing Timing and Cure Windows

CRITICAL

The Clerk will not accept a Motion for Judgment and Order of Sale for filing until the JSAF and Order of Referral are received.

The Motion for Judgment and Order of Sale shall not be accepted for filing until the Clerk receives the JSAF and Order of Referral.

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

A motion filed electronically or through a physical drop box after 8:00 a.m. on the next business day after its deadline is untimely and will not be heard.

Any motion filed electronically or utilizing a physical drop box after 8:00 a.m. on the next business day following the date of the deadline shall be deemed to be not timely filed and will not be heard.

WARNING

A matter is deemed submitted once all memoranda or briefs are filed and the moving party has tendered proposed judgments.

B. A matter shall be deemed submitted once all memorandums and/or briefs have been filed in the record and proposed judgments from the moving party have been tendered.

WARNING

Petitioners should not be sent away or left waiting for extended periods, and petitions should be reviewed within an hour of presentation unless no judge or trial commissioner is available.

Petitioners shall not be sent away or left waiting for extended periods of time. 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

An uncontested adoption hearing must be held within 30 days after the final-hearing request is filed, unless all required documents have not been filed; otherwise, the motion is noticed at the Court’s convenience.

A motion for final hearing in an adoption proceeding shall be noticed at the convenience of the Court except that in the case of an uncontested adoption, a hearing shall be held within 30 days of the filing of the request for a final hearing pursuant to FCRPP 33(2) unless all required documents have not been filed.

CRITICAL

Payment of cancelled sale fees and entry of an Order of Distribution must occur before a new sale date is set or the case is dismissed.

All cancelled sale fees must be paid, and Order of Distribution entered with the Court before a new sale date is set or a case is dismissed.

CRITICAL

A Temporary Removal Hearing must not be held before the day after the petition is filed, allowing time for service to be attempted.

The Temporary Removal Hearing shall be held no earlier than the day following the filing of the petition to allow time for service to be attempted.

CRITICAL

The Plaintiff or moving party must submit the confirmation order, sufficient copies, and prepaid envelopes to the Master Commissioner within twenty days after the Report of Sale is filed; the Commissioner submits it with the deed for court approval and entry.

an order confirming the sale with sufficient copies and postage prepaid envelopes, shall be submitted by the Plaintiff or moving party to the Master Commissioner within twenty (20) days after the filing of the Report of Sale, who shall submit same along with the Deed conveying the subject property for approval and entry by the Court.

CRITICAL

Deadline

72 hours

The Temporary Removal Hearing must be scheduled within 72 hours after an ECO issues, excluding holidays and weekends.

The Temporary Removal Hearing shall be scheduled within 72 hours of the issuance of an ECO, excluding holidays and weekends.

CRITICAL

Deadline

10 working days

The written and signed settlement agreement must be completed within ten working days.

All settlement agreements must be in writing and signed by all parties and their counsel, if any, within ten (10) working days.

CRITICAL

Deadline

3 business days

The Master Commissioner must report the sale actions to the Court within three business days of the sale.

The Master Commissioner after making the sale shall report his/her actions to the Court within three (3) business days of the sale.

CRITICAL

Deadline

1 hours

Petitions should be reviewed within an hour after presentation to a judge or trial commissioner, unless one is unavailable.

F. Petitions will be reviewed within an hour of presentation to a judge or trial commissioner unless it is impossible due to the unavailability of a judge or trial commissioner.

CRITICAL

The parties must agree on a mediator or mediation service within 15 days of referral for mediation.

Within fifteen (15) days of referral for mediation, the parties shall agree on a mediator or a mediation service.

CRITICAL

The motion to enter a guilty plea or Alford plea must be filed when the Court takes the plea.

A motion to enter the guilty plea or plea pursuant to North Carolina v. Alford shall be filed at the time the defendant’s plea is taken by the Court.

CRITICAL

The new Order of Referral and JSAF must be due and payable before a rescheduling motion is filed or, if no motion is filed, before the property is rescheduled for sale.

For all properties not sold within six (6) months of the date of the last appraisal of the property filed of record, a new Order of Referral and JSAF shall be due and payable before a Motion is filed to reschedule the sale of the property, or in the absence of a motion, before the property can be rescheduled for sale.

CRITICAL

Deadline

5 working days

The required property-mediation materials must be exchanged and provided to the mediator at least five working days before the mediation conference.

Property mediation requires that the parties shall exchange and provide to the mediator, in no less than five (5) working days prior to the mediation conference, the following:

CRITICAL

A motion or action may be placed on the motion docket only if notice is filed or a request is made before 4:00 p.m. at least one week before the designated motion hour.

No motion or actions shall be placed on the motion docket unless notice is filed, or request is made before 4:00 p.m., at least one (1) week preceding the motion hour designation on the notice.

CRITICAL

The copy must be submitted at least seven days before the date the matter is set to be heard.

A copy of all proposed Judgments and Orders set to be heard before the Court shall be submitted to the Master Commissioner no less than seven (7) days prior to the date for which the matter is set to be heard by the Court.

CRITICAL

Offer sheets must be filed in the record on or before the date the defendant’s plea is taken.

All offer sheets shall be signed by the attorney prosecuting the case, the defendant, and the defendant’s counsel and shall be filed in the record on or before the date the defendant’s plea is taken.

CRITICAL

Unless a rule or statute provides otherwise, motions must be filed with the Circuit Clerk no later than close of business 10 days before the scheduled motion date.

Unless otherwise allowed by rule or statute, all motions to be set on a docket must be filed with the Circuit Clerk and served on the opposing parties or attorney, if represented, date. All responses must be filed with the Circuit Clerk and served on the opposing and clocked no later than close of business 10 days in advance of the scheduled motion parties or attorney, if represented, and clocked no later than close of business 3 days in advance of the scheduled motion date.

CRITICAL

Protective-order hearings must be scheduled so they can be held within 14 days after filing.

The schedule shall be set by the Judge or Judges presiding over protective orders and shall be set so that hearings can be held within 14 days of filing.

CRITICAL

The completed VS-300 form must be filed with the Petition for Dissolution, and a final decree cannot be entered until this requirement is met.

A completed VS-300 form typed and signature in black or blue ink shall be filed at the time of filing of the Petition for Dissolution. A final decree shall not be entered until compliance with this rule.

CRITICAL

After submission, no further pleadings, proof, or briefs may be filed unless the Court orders or allows them for good cause.

C. No further pleadings, proof or briefs shall be filed after submission, unless ordered or allowed by the Court for good cause shown.

CRITICAL

If applicable, the felony diversion motion and proposed diversion order must be filed when the defendant’s plea is taken.

If applicable, a motion for felony diversion and proposed order of diversion shall also be filed at the time the defendant’s plea is taken.

CRITICAL

When attorneys must prepare a pretrial order because none was entered at the conference, they must submit it no later than ten days after the conference.

If a pretrial order is not entered at the time, the attorneys shall be responsible for preparation and submission of a pretrial order, incorporating the Court's rulings, agreements or stipulations of the parties in any matter designated by the Court not later than ten (10) days following the pretrial conference.

CRITICAL

A motion response must be filed by the time specified in the motion hearing notice.

Such response shall be filed at or before the time specified in the notice of hearing of the motion.

CRITICAL

Motions for distribution of sale costs must be filed within ten days immediately following the filing of the Report of Sale or Cancelled Sale.

Motions for distribution of cancelled sale costs or for distribution of costs of sale shall be filed within ten (10) days immediately following the filing of the Report of Sale or Cancelled Sale

CRITICAL

The failure of the Military Attorney to file an answer or report within sixty (60) days of notification of appointment may result in sanctions being imposed against the attorney and removal from the Military Attorney List.

The failure of the Military Attorney to file an answer or report within sixty (60) days of notification of appointment may result in sanctions being imposed against the attorney and removal from the Military Attorney List.

CRITICALCriminal cases

An eligible person may apply to the Circuit Court and Commonwealth for a Pretrial Diversion Order after indictment, no later than 45 days before trial.

After indictment in Circuit Court, and no later than 45 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

The listed final-pretrial materials must be filed in time to be addressed at the final pretrial conference.

If a pretrial conference is designated as the “final pretrial conference” the following shall be timely filed to be addressed at said final pretrial conference: 1. Motions in Limine; 2. Stipulations of any facts or law; 3. Dispositive Motions; 4. Proposed Jury Instructions; 5. Witness and Exhibit Lists; 6. Trial Depositions; 7. Objections to any expert reports or testimony to be used at trial; 8. All other matters deemed necessary by the Court to be addressed prior to trial.

CRITICAL

If required by Order or statute, the appraisal must be filed in the Court record before the sale.

In accordance with KRS 426.520(2) the appraisal shall be in writing, shall be signed by the persons making it, and shall be filed in the Court record by the Master Commissioner prior to the sale.

WARNING

An agreed order used to excuse counsel from the motion docket call must be submitted to the Circuit Clerk before the call.

If an agreed order signed by counsel for all parties affected is submitted to the Circuit Clerk before the call of the motion docket, counsel need not attend the call of the motion docket.

WARNING

If the Plaintiff or moving party fails to submit the confirmation order within twenty days after the Report of Sale is filed, additional interest on the Judgment stops accruing effective that twentieth day.

In the event the Plaintiff or moving party shall fail to submit the Order Confirming Sale to the Master Commissioner within twenty (20) days after the filing of the Report of Sale, then the Master Commissioner shall terminate the accrual of any additional interest on the Judgment effective twenty (20) days after the filing of the Report of Sale.

WARNING

The sale is deemed confirmed ten days after the report is filed if no exceptions have been filed; no motion is required.

Ten (10) days after the filing of that report, if no exceptions have been filed thereto and without motion, the sale shall be deemed confirmed