Spencer 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

Deadline

1 business days

The signed guilty-plea documents 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

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

To be heard on Motion Day, a motion must be filed with the appropriate Clerk before 4:00 P.M. on the preceding Monday in Shelby County, Thursday in Anderson County, or Friday in Spencer 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

3 business days

For a pass sought for a defendant in another institution or detention facility, the Form and Order must be filed with the Clerk 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

Deadline

1 business days

The Docket Pass Form and Order for a continuance involving a defendant detained at the Shelby County Detention Center 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

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.

WARNING

Petitions should be reviewed within an hour after 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.

CRITICAL

The written statement identifying withheld material must be filed at the same time as the prosecutor’s file contents.

In the event the Commonwealth withholds any material contents in its file under a claim of same being non-discoverable, the Commonwealth shall state so in writing at the time of the prosecutor's file contents are filed with the Court.

CRITICAL

Responses to covered Motion Hour motions must be filed within 24 hours of the noticed motion hour.

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

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

The prosecutor’s file materials must be filed 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

A motion for discretionary review must be filed within 30 days after the Clerk complies with CR 77.04(2) to prevent the record from being returned 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

Law enforcement officers must immediately provide later-received evidence to the Commonwealth’s Attorney and record the delivery, and 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

Deadline

5 business days

The Master Commissioner must execute and deliver the deed within five business days after the sale is confirmed and the deed approved, once the required costs and fees or purchase price have been paid.

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

A statement of appeal must be filed within 30 days after the first notice of appeal is filed.

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

If no objections are filed and no motion is made, the sale is deemed confirmed ten days after the report is filed, and an order confirming the sale must be submitted to the Court.

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.

CRITICAL

Applies to

Pretrial diversion application

An eligible person may apply for pretrial diversion after indictment, but 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

A judicial sale may be withdrawn or abated only by motion and order before the scheduled sale.

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

The Commonwealth must file supplemental material by the final pretrial conference; material that could reasonably have been found earlier and is filed afterward is excluded from evidence absent 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

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.

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

Proposed jury instructions must be tendered to the Judge’s office 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

The Court must file an opinion or ruling within ninety days after entry of the order of submission 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

If no disposition agreement is reached before the defendant’s next appearance, defense counsel must submit expected written motions at the next motion hour; later motions require leave on specified grounds.

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

Deadline

3 business days

The Master Commissioner must file the report of sale within 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

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

Counsel must submit the proposed findings and conclusions within ten days after the trial concludes.

within ten (10) days of the conclusion of the trial.

CRITICAL

New counsel must file the entry of appearance immediately after being retained.

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

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.

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

Motions to dismiss, summary judgment motions, motions to strike, and CR 12.02 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

Deadline

72 hours

A response to a specified motion must be filed at least 72 hours before the noticed hearing time.

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

WARNING

To obtain a duplicate grand-jury recording, defense counsel must request it orally from the Commonwealth and provide blank diskettes; if there is no response within two weeks, counsel may move the Court for the recording.

If the Defendant desires a duplicate of any mechanical recording relating to the indictment testimony taken before the Grand Jury, defense counsel shall make an oral request for same to the Commonwealth's attorney and supply the Commonwealth with a sufficient number of blank diskettes for duplication. If the Commonwealth has not responded within two (2) weeks, defense counsel may move the Court for same.

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.