Webster County Circuit Court, Kentucky Filing Timing and Cure Windows

WARNING

Agreed orders, agreed judgments, and in forma pauperis motions may be submitted at any time and should not be placed on the Motion Day docket.

Agreed orders and judgments and in forma pauperis motions may be submitted to the Court at any time and should not be placed on the Motion Day docket.

CRITICAL

A completed, sworn Domestic Violence Petition must be presented immediately to an authorized judge or commissioner, with presentation to an authorized judge or commissioner in a surrounding county if none can be found in the circuit.

The completed, sworn Domestic Violence Petition shall immediately be presented to the Family Court Judge of the 5h Judicial Circuit. If not available, the petition may be presented to any trial commissioner, District Judge, or Circuit Judge of the 5h Judicial Circuit. If no authorized individual can be found in the 5" Judicial Circuit, the office shall present the verified petition to the Family Court Judge, Circuit Judge, District Judge, or Trial Commissioner in any surrounding county.

CRITICAL

The filing time frames for a notice of appeal or motion to reconsider run from entry of the original order with the Circuit Court Clerk.

The time frames for filing Notices of Appeal or any motions to reconsider shall be from the date of the entry of the original order with the Circuit Court Clerk.

CRITICAL

In dissolution-case mediations, the disclosure statement and any objections must be tendered to the mediator at least seven days beforehand by email or mail; late tender may result in the mediator vacating the mediation.

For mediations conduct in dissolution cases, each party shall tender at least seven (7) days prior to the mediation their Preliminary Verified Disclosure Statement (AOC Form 238), and any objections thereto, to the mediator via the mediator's email address, or via mail to P.O. Box 417, Marion, Kentucky 42064. Failure to timely tender the Preliminary Verified Disclosure Statement may result in the mediation being vacated at the mediator's discretion.

CRITICAL

Orders of sale, including judgments containing them, must be filed with the Master Commissioner for examination and approval before court entry, and approved orders are forwarded for entry at the hearing on the party's motion.

All orders of sale, including judgments containing orders of sale, shall be filed with the Master Commissioner for examination and approval prior to entry by the Court. The Master Commissioner shall examine all such orders and, following his approval, shall forward same to the Court for entry at the hearing on the party's motion seeking such order. An approval by the Master Commissioner is his certification that said order complies with the Kentucky Revised Statutes, the Rules of Civil Procedure, the Administrative Procedures of the Court of Justice (AP) Part IV, and with the Rules of the 5th Judicial Circuit.

CRITICAL

If the court closes for an unforeseen reason, the moving party must re-notice the motion for a regularly scheduled Motion Hour.

C. If the court is closed for any unforeseen reason, i.e., inclement weather, the Motion must be re-noticed by the party filing the Motion to be heard on a regular scheduled Motion Hour.

CRITICAL

Motions generally must be filed at least seven days before the hearing, subject to stated exceptions; late motions may be denied or continued.

A. Except for good cause shown, as permitted by FCRPP or Statute, or waiver of notice requirements, all motions shall be filed at least seven (7) days prior to the scheduled hearing date. Any motion filed less than seven (7) days in advance may be denied as procedurally deficient or continued to a date more than seven days after the filing of the motion. Responses, if any, shall be filed and served at least two (2) days prior to the hearing date. Service of the motion shall occur at least three (3) business days prior to the hearing date. These time limits may be waived by the court on a showing of good cause or in the interest of justice.

CRITICALCriminal cases

An eligible person may apply for a pretrial diversion order after indictment and no later than 10 days before trial.

After indictment in circuit court, and no later than 10 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

Immediately following a sale, the Master Commissioner must report to the Court; the Clerk notices the report, which then lies over as provided by the cited rules.

A. The Master Commissioner will notify the attorneys of record when a sale date has been scheduled. 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 53.05 and AP Part IV, Sec. 5.

CRITICAL

If the purchaser is required to provide a bond, the bond must be filed with the Commissioner's Report of Sale.

If a bond is required of the purchaser, the bond shall be filed along with the Commissioner's Report of Sale.

CRITICAL

A bid assignment must be filed with the Clerk and Master Commissioner within one week of the sale.

Any purchaser making an assignment of its bid to another entity shall file same with the Clerk of the Court and with the Master Commissioner, setting forth the nature of the assignment together with the name and address of the assignee within one (1) week of the date of sale.

CRITICAL

Motions must be filed at least seven days before the hearing.

Motions must be filed at least seven (7) days prior to the day it is to be heard

CRITICAL

Each party must file related motions and any stipulations or agreements reached at least seven days before mediation.

Each party shall file at least seven (7) days prior to the mediation any related motions and any stipulations or agreements reached.

WARNING

Deadline

1 hours

Petitions must be reviewed within an hour of presentation to a judge or trial commissioner, unless the judicial officer is unavailable.

Petitioners 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.

WARNING

Motions may not be noticed for hearing on a state holiday.

B. No Motion shall be noticed to be heard on a state holiday.

WARNING

A CR 78(2) motion may be granted routinely ten days after filing unless an objection or response is received.

Motions may be made under CR 78(2) and shall direct the opposing attorney's attention to the fact that under this rule the motion may be granted routinely by the Court ten (10) days after filing unless an objection is received or a response filed.

WARNING

If the opposing attorney or pro se party does not sign an order, the submitting party may file it with the Clerk and notice; the opposing party may file reasoned objections or an alternative order within three days after that filing.

If the responding attorney or pro se party fails to sign the order, the submitting attorney or pro se party may file the order with the clerk with the notice of same. Within three (3) days after filing of the order with the clerk, the opposing attorney or pro se party may file any objections to the order, specifying the reasons therefore or submit an alternative order for consideration by the Court, after which time the matter shall stand submitted to the Court.

WARNING

A motion that does not meet the filing and copy deadlines will be automatically passed to the next regular motion day, and the clerk must docket it accordingly.

Motions not complying with this requirement will be automatically passed to the next regular motion day and the clerk is hereby directed to docket same accordingly.

INFO

Any party to such appeal who feel that a transcript of the evidence or part thereof would be helpful to the Court may submit same at any time prior to submission of the case.

Any party to such appeal who feel that a transcript of the evidence or part thereof would be helpful to the Court may submit same at any time prior to submission of the case.