Warren Circuit Court Filing Timing and Cure Windows

CRITICAL

The court shall review a petition for a protective order immediately upon its filing. KRS 403.730, KRS 456.040. Petitioners shall not be sent away or left waiting for extended periods of time.

The court shall review a petition for a protective order immediately upon its filing. KRS 403.730, KRS 456.040. Petitioners shall not be sent away or left waiting for extended periods of time.

CRITICAL

The petition must be filed at least 72 hours after the child's birth.

Was the petition filed 72 hours or more after the child's birth? KRS 625.040(3)

CRITICAL

The proceeding will not be delayed to accommodate an untimely coverage request.

Under no circumstances will the proceeding be delayed to accommodate an untimely request

CRITICAL

The court must review protective-order petitions immediately, must not send petitioners away or leave them waiting for extended periods, and should review petitions within an hour of presentation unless no judge or trial commissioner is available.

The court shall review a petition for a protective order immediately upon its filing. KRS 403.730, KRS 456.040. 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.

WARNING

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.

WARNING

The court must review protective-order petitions immediately, must not leave petitioners waiting for extended periods, and should review petitions within an hour of presentation to a judge unless no judge is available.

The court shall review a petition for a protective order immediately upon its filing. KRS 403.730, KRS 456.040. 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 unless impossible due to no judge being available.

INFO

After regular business hours and during weekends, EPO or TIPO requests may be filed at the Edmonson County 911 dispatch office.

After the regular business and during the weekends, requests for an EPO or a TIPO may be filed at the Edmonson County 911 dispatch office located at:

INFO

During the stated weekday business hours, an EPO or TIPO petition may be filed at the Edmonson County Circuit Court Clerk's Office.

During regular business hours (8:00 a.m. - 4:00 p.m. Monday thru Friday) a verified petition for an Emergency Protective Order (EPO) or Temporary Interpersonal Protective Order (TIPO) may be filed at the Office of the Edmonson County Circuit Court Clerk located at:

CRITICAL

For the specified attorney-fee procedure, the written request must allow ten business days for filing the preliminary statement or acknowledgement.

(3) Thereafter, the moving party provides the noncompliant party with a written request to file a Preliminary Verified Disclosure Statement or Preliminary Verified Disclosure Statement Acknowledgement within 10 business days of the date of said written request;

CRITICAL

Unless otherwise agreed by the parties or ordered by the Court, the Petitioner and Respondent must file Pretrial Compliance at least 30 days before trial.

- a. At least thirty (30) days prior to trial, unless otherwise agreed by the parties or ordered by the Court, the Petitioner and the Respondent shall file a Pretrial Compliance, which addresses the following:

CRITICAL

Within 60 days of appointment, the Guardian ad Litem for an incarcerated adult or the military attorney must file either an answer for the Respondent or, if applicable, a report stating that the Respondent cannot present a defense after careful examination.

Within sixty (60) days of the appointment, the Guardian ad Litem for incarcerated adult or military attorney shall either file an answer on behalf of the Respondent or a report stating that after careful examination of the case that the Respondent is unable to present a defense if applicable in that case.

CRITICAL

For Warren Circuit, Division III, reports for a Tuesday docket must be filed by the preceding Thursday at 9 a.m.

the preceding Thursday by 9 a.m. for a Tuesday docket;

CRITICAL

The mediator must immediately file the mediation report at the conclusion of mediation.

- 5. At the conclusion of mediation, the mediator shall immediately file a report, without comment, to the Court as to the outcome of the mediation (i.e., a full, partial or no agreement).

CRITICAL

Deadline

7 calendar days

A request for hearing must be filed within seven calendar days of the date stated in the certificate of service.

and request for hearing is filed within seven (7) calendar days from the date contained in the certificate of service.

CRITICAL

For Warren Circuit, Division IV, reports for the Wednesday docket must be filed by the preceding Friday at 9 a.m.

the preceding Friday at 9 a.m. for Wednesday Docket.

CRITICAL

A petition for review of an administrative order may not be filed in Warren Family Court until all administrative remedies have been exhausted.

D. Warren Family Court shall be the appropriate venue for appeals of a hearing officer's final order. No Petition for Review of an administrative order shall be filed in Warren Family Court until all administrative remedies have been exhausted. Judicial review shall be conducted in accordance with KRS 13B.150.

CRITICAL

The Guardian ad Litem fee Motion and Affidavit must be filed at the final hearing or before the final judgment is entered.

Guardian ad Litem fee Motion and Affidavit shall be promptly filed at the final hearing or prior to entry of the final judgment.

CRITICAL

A CR 78(2) motion may routinely be granted ten days after filing if no response is filed.

the motion may be granted routinely by the court ten (10) days after filing unless a response is filed .

CRITICAL

A contempt order may not be heard sooner than five days after service unless the court orders otherwise.

which shall not come on for hearing sooner than five (5) days from the date it is served, unless otherwise ordered .

CRITICAL

Applies to

Motion for hearing

Respondent may file a motion for a hearing within a seven-day period.

Respondent may within a seven (7) day period file a motion for a hearing on this matter.

CRITICAL

Deadline

3 business days

The required proposed findings and separate judgment must be tendered at least three business days before the Final Hearing.

No later than three (3) business days prior to the Final Hearing, the Petitioner shall tender a proposed Findings of Fact and Conclusions of Law and a separate Judgment of Adoption or Termination of Parental Rights for entry by the Court.

CRITICAL

A coverage request filed after the proceeding begins will not be considered.

nor will any request be considered if filed after the proceeding has commenced .

CRITICAL

Motions for judgment on the pleadings, summary judgment, to set aside default judgments, and to dismiss must be noticed for a hearing scheduled at least 20 days after the motion’s certification date.

Motions for judgment on the pleadings, summary judgment, to set aside default judgments, and to dismiss shall be noticed for a hearing scheduled at least twenty (20) days from the certification date on the motion.

CRITICAL

An eligible person may apply for a pretrial diversion order after indictment, but no later than 15 days before trial.

After indictment in circuit court, and no later than fifteen (15) days before trial, any person eligible for the program may apply to the Circuit Court and the Common- wealth for entry of a pretrial diversion order.

CRITICAL

If the parties do not reach agreement on any or all issues, they must file their Final Verified Disclosure Statements in the record at least ten days before the final hearing.

Subject to WFCR 703C.(2)(e), if the parties do not reach an agreement on any or all issues, the parties shall file AOC-239 Final Verified Disclosure Statements in the record no less than 10 days before the final hearing.

CRITICAL

Deadline

4 business days

A request for coverage must be filed at least four business days before the proceeding begins.

Requests for coverage shall be filed not later than four (4) business days prior to commencement of the trial or other proceeding ("proceeding") sought to be covered, and shall specify whether the request applies to the entire proceeding or only selected portions thereof.

CRITICAL

For the specified attorney-fee procedure, the written request must allow ten business days for filing the final statement or acknowledgement.

(3) Thereafter, the moving party provides the noncompliant party with a written request to file a Final Verified Disclosure Statement or Final Verified Disclosure Statement Acknowledgement within 10 business days of the date of said written request;

CRITICAL

Defendants must be arraigned by the first motion day for their division after the indictment or information is returned, unless there is insufficient time for adequate notice, in which case arraignment is at the following motion day or as the court directs.

All defendants who have been arrested, or otherwise notified of indictment, shall be arraigned no later than the first motion day for the assigned division following the return of the indictment or information, unless there is not sufficient time to give adequate notice of the arraignment, in which case the defendant will be arraigned the following motion day or as directed by the court.

CRITICAL

The listed pretrial conference filings are due at least seven days before the conference.

- a. Each party shall file the following documents at least seven (7) days prior to the Pretrial Conference - (1) Any pertinent motions; - (2) Any stipulations and/or agreements reached; - (3) A list of any potential witnesses, exhibits, or documents.

CRITICAL

For Warren Circuit, Division IV, reports for Monday dockets must be filed by the preceding Wednesday at 9 a.m.

Reports must be filed by the preceding Wednesday at 9 a.m. for Monday dockets

CRITICAL

The order shall provide that the order becomes effective seven (7) days following service of the order and movant's affidavit upon the adverse party unless the adverse party, within the seven (7) day period, files a motion for a hearing before the court.

The order shall provide that the order becomes effective seven (7) days following service of the order and movant's affidavit upon the adverse party unless the adverse party, within the seven (7) day period, files a motion for a hearing before the court.

CRITICAL

A scheduling order must be entered within 60 days following service of the petition on the respondent.

- a. A Scheduling Order Regarding Discovery, Amendment of Pleadings, Experts and Mediation shall be entered in every case within 60 days following service of the petition upon respondent;

CRITICAL

A motion for a motion day must be filed and opposing parties notified by the clerk’s office closing time on the preceding Wednesday.

Each motion to be heard on a motion day shall be filed with the clerk and opposing parties, notified no later than closing time of the clerk's office on the Wednesday immediately preceding the motion day on which the motion is to be heard.

CRITICAL

Deadline

3 business days

The statement of objections must be filed at least three business days before the proceeding begins.

A statement of objections to the coverage requested, together with the grounds therefor, shall be filed not later than three (3) business days prior to the commencement of the proceeding sought to be covered.

CRITICAL

Deadline

3 business days

If revisions are required, the revised findings and separate judgment must be tendered within three business days after the Final Hearing.

Should the Court require revisions, the Petitioner shall tender a revised Findings of Fact and Conclusions of Law and a separate Judgment of Adoption or Termination of Parental Rights within three (3) business days following the Final Hearing for the Court's entry.

CRITICAL

For Warren Circuit, Division III, reports for a Monday docket must be filed by the preceding Wednesday at 1 p.m.

Reports must be filed by the preceding Wednesday at 1 p.m. for a Monday docket

CRITICAL

If mediation fails, the parties must move the Court to set the matter for pre-trial and trial within 10 days.

- 7. If mediation is unsuccessful, the parties shall, within 10 days of failed mediation, move the Court to set this matter for pre-trial and trial.

CRITICAL

Deadline

10 business days

The final mediation agreement must be filed within ten business days unless the Court grants an extension.

A final typed draft of the agreement shall be completed, signed by all parties and their respective attorneys, and filed with the Court, within ten (10) business days unless an extension of time is granted by the Court.

CRITICAL

The updated financial disclosure statement must be filed at least five days before the mediation conference.

- 1. Counsel for each party or a party, if unrepresented by counsel, shall file, no less than five (5) days prior to the mediation conference, an updated financial disclosure statement, a copy of which shall be provided to the mediator.

CRITICAL

Deadline

3 business days

The Court will set the hearing date within three business days after the petition is filed.

Within three (3) business days after a petition for the voluntary termination of parental rights is filed, the Court will set a date for a hearing which shall not be more than thirty (30) calendar days after the petition is filed.

CRITICAL

AOC Form 280 must be filed when an action stands submitted for adjudication.

In accordance with SCR 1.050(8), when any action stands submitted for adjudication, counsel or unrepresented parties shall file an AOC Form 280 with the Judge, Warren Circuit Clerk and Administrative Office of the Courts.

CRITICAL

The annual letter of intent to continue on the roster is due by August 1.

By August 1 of each year, roster members shall submit to the Family Court Staff in writing a letter of intent to continue on the roster.

CRITICAL

Within 60 days of appointment, the military attorney must file either an answer for the respondent or a report explaining that the attorney cannot present a defense after careful examination.

Within sixty (60) days of the appointment, the military attorney shall either file an answer on behalf of the Respondent or a report stating that after careful examination of the case, the military attorney is unable to present a defense on behalf of the Respondent.

CRITICAL

The opposing party has fourteen days to file an objection and schedule a motion to dissolve or amend the Status Quo Order.

The opposing party shall have fourteen (14) days to file an objection and schedule a motion to dissolve or amend the "Status Quo Order."

CRITICAL

Late requests will not be considered unless the presiding judge finds exceptional circumstances prevented timely filing and the parties consent to coverage.

Requests filed later than the time period provided will not be considered unless the presiding judge finds exceptional circumstances have prevented the filing of a timely request, and the parties consent to the coverage.

WARNING

The proposed sample schedule sets October 15, 2011, as the deadline for motions to amend pleadings; the schedule may be modified with Court approval.

Assuming a service of petition date of July 15, 2011, I would typically propose the following schedule. Of course, some cases are much more complex than others. I think most attorneys will be able to set a schedule which fits the facts of their case. And the order can be modified as well, with Court approval. - 1. Motions to amend the pleadings shall be filed no later than October 15, 2011.

WARNING

The proposed sample schedule calls for the parties to submit to mediation to try to resolve all permanent issues by April 15, 2012; the schedule may be modified with Court approval.

Assuming a service of petition date of July 15, 2011, I would typically propose the following schedule. Of course, some cases are much more complex than others. I think most attorneys will be able to set a schedule which fits the facts of their case. And the order can be modified as well, with Court approval. - 6. The parties shall submit to mediation in an effort to resolve all permanent issues on or before April 15, 2012.

WARNING

If Pretrial Compliance is late, the non-complying party is subject to limits on witnesses and documents unless a written agreement is placed in the Court file, good cause is shown, or the Court grants a case-specific exception.

- b. If the Pretrial Compliance is not timely filed, unless by written agreement with opposing counsel placed in the Court file, the non-complying party, unless good cause is shown, shall be precluded on direct from calling any witness, other than the parties, and from introducing any documents. Exceptions may be granted by the Court on a case by case basis.

WARNING

Deadline

3 business days

Motions requiring evidentiary hearings shall be filed at least three business days

Motions requiring evidentiary hearings shall be filed at least three business days

WARNING

The proposed sample schedule requires the petitioner to identify any rebuttal experts under CR 26 by February 1, 2012; the schedule may be modified with Court approval.

Assuming a service of petition date of July 15, 2011, I would typically propose the following schedule. Of course, some cases are much more complex than others. I think most attorneys will be able to set a schedule which fits the facts of their case. And the order can be modified as well, with Court approval. - 4. Petitioner shall identify any rebuttal experts in compliance with CR 26 by February 1, 2012.