Trimble County Circuit Court, Kentucky Filing Timing and Cure Windows

CRITICAL

Motion filings are due by 4:00 P.M. when filed in person and by 11:59 P.M. when e-filed.

B. Motions shall be "filed" with the Clerk's office by 4:00 P.M. if filing in person or by 11:59 P.M. if e-filing, per the following schedule:

CRITICAL

If the courthouse is closed on a scheduled filing day, the motion must be filed by 4:00 P.M. on the prior business day.

C. In the event the Courthouse is closed on the above days, the motion shall be filed by 4:00 p.m. on the prior business day.

CRITICAL

Motions filed after the stated deadlines will be rejected and must be re-noticed for the next docket.

D. Any Motions filed after the deadlines established herein shall be rejected by the clerk and will have to be re-noticed for the next docket.

CRITICAL

Deadline

1 business days

Settlement notice is due before 1:00 p.m. on the business day before the scheduled trial.

(b) Parties shall notify the Court and the Circuit Clerk prior to 1:00 p.m. on the business day before the case is scheduled for trial if the case is settled.

CRITICAL

Motions for Default and/or Summary Judgment and Order of Sale must be filed at least 30 days before the noticed hearing date.

(c) Motions for Default and/or Summary Judgment and Order of Sale shall be filed not less than thirty (30) days before the date noticed for hearing of the motion.

CRITICAL

If no oral argument is requested, the moving party must notify the Court that the matter is ready for final submission and adjudication by correspondence or AOC-280 within seven days after briefing closes.

If no oral argument is requested then seven (7) days after the close of the briefing, the moving party shall notity the Court the matter is ready for final submission and adjudication by correspondence or AOC-280.

CRITICAL

The listed motions may be considered off docket and stand submitted unless a written objection and hearing request is filed within seven days of the date on the motion’s Certificate of Service.

The following motions may be filed for consideration off docket at the Court's convenience and shall stand submitted to the Court unless a written objection and request for hearing is filed within seven (7) days of the date shown on the Certificate of Service of the motion: Motion for Appointment of Guardian ad Litem Motion to Request for Approval of Guardian ad Litem fee Motion for Wage Assignment pursuant to KRS 403.215 and KRS 405.465 4. Motion to Submit to DNA testing.

CRITICAL

Dispositional reports must be filed one week before the dispositional hearing.

All dispositional reports) shall be filed one (1) week in advance of the dispositional hearing.

CRITICAL

Each party must file the listed pretrial information at least 14 days before trial.

2. At least fourteen (14) days in advance of the trial date, each party shall file and exchange the following information: a. A pretrial memorandum on the form supplied by the Court outlining all issues in dispute to be tried; b. A list of all witnesses that may be called to testify; and c. A list of all exhibits that may be introduced.

CRITICAL

The transport order for an incarcerated subpoenaed witness must be submitted at least seven days before the desired appearance.

If any subpoenaed witness is incarcerated, the party on whose behalf the witness is to testify shall submit a transport order, with appropriate times and locations, to the Court at least seven (7) days in advance of the desired appearance.

CRITICAL

Counsel must file motions for judgment on a defendant's cross-claims at least seven days before the noticed date for the Judgment and Order of Sale motion.

All motions for Judgment on any Defendant's cross-claims must be filed and served by counsel not less than seven (7) days prior to the date noticed for the Judgment and Order of Sale motion.

CRITICAL

The title-search affidavit must be filed before any foreclosure action is filed.

(a) Plaintiff's Counsel shall file with the Motion an Affidavit that a Title Search has been conducted prior to filing any action for foreclosure.

CRITICAL

Reports from CHFS or other agencies must be filed within 90 days after the petition is filed.

Any reports from the CHFS or other agencies shall be filed within (90) days of the filing of the petition, as stated in KRS 199.510.

CRITICAL

An opposing party has twenty days from service of the motion to file a response brief.

An opposing party shall have twenty (20) days from the date the motion was served to file a brief in Response.

CRITICAL

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 prior to sale.

CRITICAL

Deadline

1 hours

A petition must be reviewed within an hour after presentation to a judge or trial commissioner, unless their unavailability makes that impossible.

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

Counsel must file the entry of appearance upon being retained, subject to the exception for an appearance apparent from filed pleadings.

Entry of Appearance: In all cases, upon being retained, counsel shall file a written entry of appearance, unless counsel's entry of appearance is apparent from pleadings filed.

CRITICAL

Motions may not be filed on the morning of trial unless the Court grants leave.

No motions may be filed the morning of the trial without leave of the Court.

CRITICAL

A party taking exception to the Report of Sale must file the exceptions within ten days after the report is filed.

Any party taking exception to the Report of Sale shall, within ten (10) days from filing of Report of Sale, file in Court and serve a copy of his exceptions on all parties entitled to notice, and on the Master Commissioner.

CRITICAL

A completed pretrial memorandum must be filed as a legal pleading by the deadline set by the Court.

Said pre-trial memorandum shall be on a form to be supplied by the Court with the entry of the Order setting pre-trial deadlines and the filled-in memorandum shall be filed as a legal pleading by the deadline prescribed by the Court.

CRITICAL

The moving party is allowed seven days thereafter to file a reply brief.

Thereafter, the moving shall be allowed seven (7) days to file a Reply brief.

CRITICAL

An Order of Distribution tendered 120 days after the sale must be docketed for Motion Hour and may be granted only with leave of Court for good cause.

(e) Any Order of Distribution tendered 120 days after date of sale shall be required to be docketed for Motion Hour and will only be granted by leave of Court for good cause shown.

CRITICAL

In dissolution matters involving minor children, the Proof affidavit or interrogatories must not be signed until 60 days have elapsed from service or the Respondent’s entry of appearance.

The Proof affidavit or interrogatories shall not be signed prior to the expiration of 60 days from the date of service or entry of appearance by the Respondent in Dissolution matters where there are minor children.

CRITICAL

Final hearing paperwork and proposed orders must be tendered to the Court 14 days before the hearing, unless the Court orders otherwise.

Counsel shall tender all necessary final paperwork and proposed orders to the Court fourteen days prior to the hearing for review, including Findings of Fact and Judgment of Adoption except as otherwise ordered by the Court.

CRITICAL

The listed motions must be noticed for motion hour and filed seven days before the requested date.

The following motions shall be noticed for motion hour and shall be filed seven (7) days prior to the requested date: 1. Motion to Establish Child Support 2. Motion to Establish Parenting Time 3. Motion to Modify, Suspend, or Terminate Child Support 4. Motion to Determine Child Support Arrearage Motion for Contempt 6. Motion for Summary Judgment Motion for Judgment of Paternity.

CRITICAL

The pre-trial memorandum is due 14 days before the trial date.

Petitioner's OR Respondent's (check one) Pre-trial Memorandum (to be submitted 14 days prior to trial date)

CRITICAL

The parties must comply with the deadlines in the Order Scheduling Jury Trial.

It is mandatory the parties follow the deadlines set forth in the Order Scheduling Jury Trial. See RCr 8.18(2).

CRITICAL

Unless the Court directs otherwise, cases must be placed on the Motion Docket at least seven days before the regular Motion Docket.

Unless otherwise directed by the Court, all cases must be placed on the Motion Docket at least seven (7) days prior to the regular Motion Docket.

CRITICAL

Deadline

2 business days

If a case settles, notice is due by 1:00 p.m. on the two business days before the scheduled trial date.

Parties shall notify the Court and the Circuit Clerk prior to 1:00 p.m. on the two (2) business days before the case is scheduled for trial if the case is settled.

CRITICAL

The petitioner must obtain a pretrial date by filing a motion noticed for the first available motion hour occurring 21 days after filing.

In accordance with FCRPP 32(1), the petitioner shall obtain a pretrial date by filing a motion noticed for the first available motion hour occurring 21 days post filing.

CRITICAL

If not filed with the emergency custody order, the petition must be filed in the same case file within 72 hours after the child is taken into custody.

If not filed with the emergency custody order, a petition shall be filed with the clerk within 72 hours of taking the child into custody in the same case file as the emergency custody order and affidavit.

CRITICAL

An objection to the Trial Order must be noticed and heard at a motion hour before trial or it is waived.

6. Any objection to this Order must be noticed and heard before on a motion hour prior to the date of the trial or said objection shall be deemed waived.

CRITICAL

Except as provided for Judicial Sales, the listed motions must be noticed, served, and filed at least ten days before the Motion Docket hearing and must include a memorandum of authority.

Except as set forth in these Rules for Judicial Sales, all Motions for Summary Judgment, for Judgment on the Pleadings, to Dismiss, to Strike, and under CR 12.02 shall be noticed, served, and filed at least ten (10) days prior to the date to be heard on Motion Docket with a memorandum of authority.

CRITICAL

Requests to docket a case and notices of motions must be filed at least seven days before the Motion Docket, unless the Court directs otherwise.

Unless otherwise directed by the Court, all requests to docket a case and notice of all motions must be electronically served upon opposing counsel and filed at least 7 days prior to the Motion Docket.

CRITICAL

For Motion Hour on a Monday, file by preceding Monday. For Motion Hour on a Tuesday, file by preceding Tuesday. For Motion Hour on a Wednesday, file by preceding Wednesday. 4. For Motion Hour on a Thursday, file by preceding Thursday. For Motion Hour on a Friday, file by preceding Friday.

For Motion Hour on a Monday, file by preceding Monday. For Motion Hour on a Tuesday, file by preceding Tuesday. For Motion Hour on a Wednesday, file by preceding Wednesday. 4. For Motion Hour on a Thursday, file by preceding Thursday. For Motion Hour on a Friday, file by preceding Friday.

CRITICAL

Deadline

3 business days

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

(f) No later than three business days after the date of sale, the Master Commissioner shall file in Court his report of the sale and serve a copy on each party entitled to notice.

WARNING

Upon notice and good cause, the Court may waive the two-business-day notice requirement for a jury-trial settlement.

Upon notice and for good cause shown, the Court may waive the requirement for two (2) business days notice of jury trial settlement.

WARNING

C. Motions to hold a Party in contempt for violation of the terms or conditions of a protective order should be noticed for the motion hour docket in the county in which the case is pending. Such motions should be filed at least seven (7) days in advance of the motion hour in a manner consistent with Rule 203 herein.

C. Motions to hold a Party in contempt for violation of the terms or conditions of a protective order should be noticed for the motion hour docket in the county in which the case is pending. Such motions should be filed at least seven (7) days in advance of the motion hour in a manner consistent with Rule 203 herein.

WARNING

The Commonwealth’s response opportunity expires within ten days after the motion is presented at the initial hearing.

The Commonwealth shall have the opportunity to respond in writing to the motion within ten (10) days of the presentation of the motion at the initial hearing.

WARNING

A Motion to Enter a Guilty Plea to resolve a case may be filed at any time before trial.

At any time prior to trial, a defendant who wishes to resolve his/her case by entering a guilty plea may do so by filing a Motion to Enter a Guilty Plea to be heard on the presiding judge's next available criminal docket.

WARNING

Time periods are calculated in calendar days unless otherwise specified.

Time calculations: For the purpose of calculating times, all days are calendar days unless otherwise specified.

WARNING

Either party may request oral argument within seven days after the pleadings close.

Within seven (7) days from the close of the pleadings, either party may make a request for an oral argument.