Trigg 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. KRS 403.730, KRS 456.040.

CRITICAL

Motions must be filed by 4:00 p.m. at least seven calendar days before Rule Day; absent extraordinary circumstances and prior court approval, later-filed motions are heard on the next month’s Rule Day.

The Clerk in each county shall keep a motion docket in which there shall be docketed all motions filed with that Clerk, not later than 4:00 p.m. at least seven (7) calendar days before the scheduled Rule Day. (For example, a motion in Lyon County must be filed by 4:00 p.m. on the Monday immediately before the first Monday of the month, the regularly scheduled Rule Day.) Except in extraordinary circumstances and by prior approval of the Court, motions filed within seven (7) calendar days before a scheduled Rule Day shall be heard on the next month’s Rule Day and the Clerk shall place it on the next month’s Rule Day docket, and counsel will be so informed by the Clerk.

CRITICAL

Matters or motions presented to the clerk after noon on the preceding business day will not be added to the next day’s docket.

Practice in the District Courts shall follow these same local rules where the rules would ordinarily apply, with the exception that any matters or motions presented to the clerk after noon on the preceding business day will not be added to the next day’s docket.

WARNING

Facsimile copies and accompanying documentation are entered when received by the clerk.

When necessary, facsimile copies and accompanying documentation will be received by the clerk and filed in the same manner as if they were originals received in the mail. In other words, they will be entered upon receipt.

WARNING

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

A post-judgment motion must be filed under the ten-day rule, unless it is noticed for the next regular Rule Day after filing.

(e) Any post-judgment motion shall be filed under the ten (10) day rule, LR 204(10), unless noticed for the next regular Rule Day after filing of the Motion.

CRITICAL

The required disclosure or permitted affidavit must be filed no later than five days before trial.

No later than five (5) days prior to the trial, the parties shall file an AOC-239, Final Verified Disclosure Statement, in the record if property matters are in dispute at that trial; or the parties may file an affidavit that there are no changes in circumstances since the completion of the AOC-238, Preliminary Verified Disclosure Statement, if filed.

CRITICAL

Deadline

1 hours

Petitions will be reviewed within an hour of presentation to a judge or trial commissioner unless none is available.

E. 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 Respondent must file an objection within ten days after service of the Summons, Petition, and Motion to prevent entry of the Status Quo Order.

If no objection is filed within ten (10) days of service of the Summons, Petition and Motion, the Status Quo Order will be entered by the Court.

CRITICAL

Responses must be filed with the Clerk at least two days before the hearing and properly served on opposing counsel or an unrepresented party entitled to notice.

The response to any motion shall be in similar form and shall be filed with the Clerk at least two (2) days prior to the scheduled hearing date and properly served upon opposing counsel, or party not represented by counsel and entitled to notice.

CRITICAL

A default Motion to Submit is subject to the stated conditions, including no answer or pleading, the applicable service and waiting period, service of the motion at the Respondent’s last known address, and the Respondent not being on active military duty.

M. Default cases where the Respondent has been properly served but failed to appear, pursuant to FRCPP 3(2) and: (a) no answer or pleading has been received by the moving party or counsel; (b) the Respondent was personally served more than twenty days before this Motion to Submit or, if served through a warning order attorney, the warning order attorney has filed his report and more than fifty days have elapsed since the appointment of the warning order attorney; (c) a copy of this Motion to Submit has been served on the Respondent at his/her last known address and the Respondent is not on active military duty.

CRITICAL

Immediately after a judicial sale, the Master Commissioner must report to the Court, after which the Clerk gives notice and the report lies over under CR 53.06.

Immediately following a sale, the Master Commissioner shall make his/her report to the Court which shall be noticed by the Clerk and shall lie over in accordance with CR 53.06.

WARNING

Time is computed under CR 6.01, with three additional days added when service is by mail under CR 6.05.

Time is computed pursuant to CR 6.01 with an additional 3 days added when service is by mail, pursuant to CR 6.05.

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.