Shelby Circuit Court Filing Timing and Cure Windows

CRITICAL

Deadline

1 business days

The Docket Pass Form and Order for a qualifying continuance request must be tendered to the Clerk by 3:00 P.M. one business day before the scheduled motion docket.

In cases where the defendant is detained at the Shelby County Detention Center and the defendant intends to request a continuance of the scheduled status hearing before the Court, a Docket Pass Form and Order shall be completed by defense counsel and tendered to the Clerk (original or faxed copy) by 3:00 p.m. one (1) business day before the scheduled motion docket so that the defendant whose case is being passed will not be transported from the Shelby County Detention Center for the motion docket.

CRITICAL

A motion or action will not be heard on Motion Day unless filed with the appropriate Court Clerk before 4:00 P.M. on the specified preceding weekday for its county, unless the Court grants leave.

However, no motion or action shall be heard on Motion Day unless the motion is filed with the appropriate Court Clerk before 4:00 P.M. on the Monday preceding the Motion Day designated on the notice in Shelby County, the Thursday preceding the Motion Day designated on the notice in Anderson County, and the Friday preceding the Motion Day designated on the notice in Spencer County, except by leave of Court.

CRITICAL

Deadline

1 business days

The signed guilty-plea offer and petition must be attached to the record by 3:00 P.M. one business day before the scheduled motion docket.

In all criminal cases in which the defendant elects to enter a plea of guilty, the Commonwealth's Offer on a Plea of Guilty and Petition to Enter Plea of Guilty shall be signed by the defendant and attached to the record by 3:00 P.M. one (1) business day before the scheduled motion docket.

CRITICAL

Shelby Circuit Court criminal motions must be filed with the Clerk before 1:00 P.M. on the Wednesday before the noticed motion day.

Shelby Circuit Court criminal motions shall be filed with the Clerk before 1:00 P.M. on the Wednesday preceding the motion day designated in the notice.

CRITICAL

Spencer Circuit Court criminal motions must be filed with the Clerk before 1:00 P.M. on the Friday before the noticed motion day.

Spencer Circuit Court criminal motions shall be filed with the Clerk before 1:00 P.M. on the Friday preceding the motion day designated in the notice.

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

Deadline

3 business days

The Form and Order for a pass sought for a defendant in another institution or detention facility must be filed by 3:00 P.M. three business days before the scheduled motion docket.

In all other cases, if a pass is sought for a defendants) in other institutions or detention facilities, then the Form and Order (original or faxed copy) shall be filed with the Clerk by 3:00 P.M. three (3) business days before the scheduled motion docket in order to avoid transport.

CRITICAL

Anderson Circuit Court criminal motions must be filed with the Clerk before 1:00 P.M. on the Thursday before the noticed motion day.

Anderson Circuit Court criminal motions shall be filed with the Clerk before 1:00 P.M. on the Thursday preceding the motion day designated in the notice.

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

An eligible person may apply for pretrial diversion after indictment, but must apply no later than 30 days before trial.

After indictment in circuit court, and no later than thirty (30) 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 Commonwealth must file the discoverable portion of the prosecutor's file for the defendant to inspect at arraignment.

The Commonwealth shall file with the Court a copy of the discoverable portion of the contents of the Prosecutor's file for the use and inspection of the defendant at arraignment.

CRITICAL

Deadline

3 business days

Proposed jury instructions must be tendered three business days before trial.

The Commonwealth's Attorney and Defense counsel shall tender proposed jury instructions to the Judge's office three (3) business days in advance of trial on a CD or diskette in Microsoft Word format.

CRITICAL

Responses must be filed within 24 hours of the noticed motion hour.

Responses shall be filed within 24 hours of the noticed motion hour.

CRITICAL

If no case-disposition agreement is reached before the defendant's next appearance, defense counsel must submit expected written motions for the next motion hour; additional motions afterward require an exception stated in the rule.

If an agreement to dispose of the case cannot be reached with the Commonwealth prior to the defendant's next court appearance, defense counsel shall submit such written motions as the attorney shall expect to offer in the case at the next motion hour. No additional motions may be offered after that motion hour except by leave of the court upon a showing of excusable neglect, or if it concerns a matter of which the attorney was not aware or which did not come to the attorney's attention prior to the time of the plea negotiation conference or in the interest of justice.

CRITICAL

Appraisals must be filed in the court record before the sale.

Their appraisals shall be in writing to the Master Commissioner, shall be signed by the persons making them, and shall be filed in the court record prior to the sale.

CRITICAL

A statement of appeal must be filed within 30 days after the first notice of appeal is filed, subject to the stated extension and cross-appeal conditions.

C. If the appeal is not perfected by the filing of a statement of appeal as provided by CR 72.06 within 30 days from the date of filing the first notice of appeal as provided by CR 72.08, and no motion for extension of time is filed within 10 days after that, and no notice of cross-appeal has been filed as provided by CR 74, the Clerk will prepare an order of dismissal and remand, attach same to the record and place the record and order in the box of the Judge.

CRITICAL

New counsel must file an entry of appearance in the record immediately upon being retained.

"New" counsel shall file an entry of appearance in the record immediately upon being retained.

CRITICAL

Requests for ex parte relief and temporary restraining orders must be delivered immediately to the Commissioner with the record by the Clerk or the attorney seeking relief.

Requests for ex parte and temporary restraining orders shall be immediately delivered to the Commissioner, along with the record, by the Clerk of this Court or the attorney requesting relief.

CRITICAL

D. 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 Clerk will prepare an order of submission, attach same to the record and place the record and order in the box of the Judge.

D. 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 Clerk will prepare an order of submission, attach same to the record and place the record and order in the box of the Judge.

CRITICAL

Deadline

3 business days

The Master Commissioner must file the report of sale no later than three business days after the sale.

The report of sale shall be filed by the Master Commissioner no later than three (3) business days after the date of sale.

CRITICAL

The Commonwealth must file supplemental material by the final pretrial conference; qualifying material filed later is excluded from evidence unless the Court grants leave for good cause.

The Commonwealth remains under a continual order to file any supplemental material. All supplemental material must be filed by the final pretrial conference. All supplemental material and information that could have reasonably been ascertained prior to the final pretrial conference that is filed after the final pretrial conference, will not be permitted to come into evidence except upon leave of the Court for good cause shown.

CRITICAL

The listed motions must be filed at least 24 days before motion hour.

Motions to dismiss, motions for summary judgment, motions to strike, and motions under CR 12.02 shall be filed and served upon opposing party and/or attorney(s) at least 24 days prior to motion hour

CRITICAL

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

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

CRITICAL

Law enforcement officers must immediately provide post-grand-jury additional or supplemental evidence to the Commonwealth's Attorney and record the delivery; the Commonwealth's Attorney must immediately file it with the Court.

All law enforcement officers that receive additional or supplemental evidence after presentation to the Grand Jury shall immediately provide same to the Commonwealth's Attorney and shall so note the delivery thereof in their files and the Commonwealth's Attorney shall immediately file same with the Court.

CRITICAL

The Court must file an opinion or ruling within ninety days after entry of the submission order and filing of AOC Form-280.

In accordance with KRS 454.350, the Court shall file an opinion or ruling within ninety (90) days of the entry of the order of submission and filing of the AOC Form-280.

CRITICAL

The original Form and Order must be presented to the Judge for signing when the motion docket is called.

The original Form and Order shall then be presented to the Judge for signing at the call of the motion docket.

CRITICAL

Deadline

24 hours

A reply memorandum is limited to 5 pages and must be filed 24 hours before the hearing.

Any reply memorandum shall be limited to 5 pages in length, and must be filed 24 hours prior to hearing.

CRITICAL

A motion and Order to withdraw or abate a judicial sale must be made before the sale date and time.

e. Withdrawal or abatement of any judicial sale after entry of a Judgment and Order of Sale thereon shall be made by motion and Order prior to the date and time of the sale.

CRITICAL

A motion for discretionary review must be filed within 30 days after the Clerk complies with CR 77.04(2) to avoid return of the record to District Court.

F. All orders of dismissal, submission and opinions and orders affirming or reversing the District Court will be served upon all parties or their attorneys and the trial Court Judge. All orders which make final disposition of an appeal will provide for the payment of costs and remand the case to the District Court. The Clerk will comply with CR 77.04(2) and if no motion for discretionary review is filed pursuant to CR 76.20 within 30 days thereafter the record will be returned to District Court.

CRITICAL

Deadline

5 business days

The Master Commissioner must execute and deliver the deed within five business days after confirmation and deed approval, once the applicable costs and purchase-price conditions are satisfied.

The Master Commissioner shall execute and deliver the deed to the purchaser of the property no later than five (5) business days after the court has confirmed the sale and approved the deed and all costs, fees, and other required amounts due and owing, if any, have been paid by the foreclosing mortgagee or lienholder or the purchase price has been paid in full by the third party purchaser.

CRITICAL

Proposed Findings of Fact and Conclusions of Law must be submitted within ten days after the trial concludes.

After the conclusion date of a trial before the court, counsel shall prepare and submit to the Judge's staff attorney proposed Findings of Fact and Conclusions of Law along by email in Microsoft Word format within ten (10) days of the conclusion of the trial.

CRITICAL

Deadline

72 hours

The response must be filed at least 72 hours before the hearing time stated in the notice.

Such response shall be filed at least 72 hours prior to the time specified in the notice of hearing of the motion.

CRITICAL

If no objections are filed, the sale is deemed confirmed without a motion ten days after the report of sale is filed.

Ten (10) days after the filing of the report of sale, if no objections have been filed thereto and without motion, the sale shall be deemed confirmed and an order confirming the sale shall be submitted to the Court.

WARNING

Deadline

1 hours

Petitions should be reviewed within an hour of presentation to a judge or trial commissioner, unless neither 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.

INFO

If the trial proof warrants different or additional instructions, the parties may tender them at the close of the case before the case is submitted to the jury.

If the proof at trial would warrant the giving of any different or additional instructions, the parties will be given the opportunity to tender additional or different instruction(s) at the close of the case and before submission to the jury.