Whitley Circuit Court 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

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.

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.

CRITICAL

Deadline

72 hours

A response must be filed at least 72 hours before the hearing time in the notice; an untimely response may be grounds for sustaining the motion.

Such response shall be filed at least 72 hours prior to the time specified in the notice of hearing of the motion. Failure to file a timely response may be grounds for sustaining the motion

CRITICAL

The mediation conference must be held within 30 days after entry of the order.

The mediation conference shall be held within thirty (30) days from entry of the order.

CRITICAL

The parties must contact the mediator within five days after entry of the mediation order to schedule a conference.

A. The parties shall, within five (5) days from entry of the order, contact the mediator to schedule a mediation conference.

CRITICAL

After an order of submission is entered, no further pleading, proof, or briefs may be filed unless the Court orders or allows it for good cause shown.

210.3 No further pleading, proof or briefs, unless ordered or allowed by the Court for good cause shown, shall be filed after the entry of the order of submission.

CRITICAL

The Master Commissioner must file a Report of Sale and Cost of Sale within three business days after the sale.

The Master Commissioner, after making the sale, shall report any actions to the Court by filing a Report of Sale and Cost of Sale no later than three business days after the date of sale.

CRITICAL

After the final trial, the D.R.C. must issue a recommendation of findings of fact, conclusions of law, and decree within 60 days, absent good cause.

At the conclusion of the final trial the case shall stand submitted to the D.R.C. who shall issue a recommendation of Findings of Fact, Conclusions of Law and Decree within sixty (60) days absent good cause shown.

CRITICAL

An objection to the assessed D.R.C. trial fee must be made by motion and hearing notice before final trial; failure to object waives the objection unless the final assessment exceeds the projected fee.

Any objection to the D.R.C.'s trial fee as assessed must be timely made by motion and notice of hearing before the Circuit Judge prior to the commencement of final trial. A failure to object to the fee as assessed shall be deemed as a waiver of any such objection unless the final fee assessment should exceed that projected by the Commissioner's trial order.

CRITICAL

The joint statement must be submitted within 10 days after mediation terminates.

This statement shall be submitted within 10 days of the termination of mediation.

CRITICAL

An order may issue ex parte, but its hearing may not occur sooner than five days after service unless the Court orders otherwise.

An order may be issued ex parte which shall not come on for hearing sooner than five (5) days from the date it is served unless otherwise ordered by the Court.

CRITICAL

Attorneys must petition for an award of fees and costs after submitting the Warning Order Report.

Attorneys shall petition the Court for an award of their fee and costs after such time as the Warning Order Report is submitted.

CRITICAL

The appraisals must be filed as part of the record before the sale.

they shall return their appraisals in writing to the Master Commissioner who shall file same as a part of the record prior to the sale.

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 before the hearing.

CRITICAL

If joint custodians do not agree, either party may file a motion to change custody or time-sharing within 20 days after service of the relocation notice.

Either party may file a motion for change of custody or time- sharing within 20 days of service of the notice if the custodians are not in agreement;

CRITICAL

Motions going to the merits, including the specified motion types, must be filed at least 10 days before motion hour.

All motions going to the merits of the case, including motions to dismiss, motions for summary judgment, motions to strike, and motions under CR 12.02, shall be filed at least 10 days prior to motion hour

CRITICAL

If no objections have been filed, the sale is deemed confirmed ten days after the report is filed.

Ten (10) days after the filing of the report, if no objections have been filed thereto, and with motions, the sale shall be deemed confirmed

CRITICAL

An eligible person may apply for pretrial diversion after indictment and no later than 30 days before trial.

A. After indictment in circuit court, and no later than 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 Warning Order Attorney must file the required report within 50 days of appointment, and failure to do so may result in sanctions whether or not the attorney has been paid.

The Warning Order Attorney shall file the required report within fifty (50) day of the appointment pursuant to CR 4.07(1), and failure to do so may be grounds for sanctions by the Court, whether or not the Warning Order Attorney has been paid.

CRITICAL

Written motions other than those heard ex parte, and their hearing notices, must be filed with the Clerk at least five days before the hearing unless another period is set by rule, statute, or court order.

Written motions, other than those that may be heard ex parte, and notice of the hearing thereof, shall be filed with the Clerk at least five days before the time specified for the hearing unless a different period is fixed by the Rules of Civil Procedure, any applicable statute, or by Court order.

CRITICAL

The Court or Commissioner must file an opinion or report within 90 days after entry of the order of submission.

In accordance with FCRPP 4(3) and KRS 454.350, the Court or Commissioner shall file an opinion or report within ninety (90) days of the entry of the order of submission.

CRITICAL

If relocation affects court-ordered visitation, the non-custodial parent may file a motion contesting the visitation change within 20 days after service of the notice.

If the court ordered visitation is affected by the relocation, the non-custodial parent may file a motion contesting the change in visitation within 20 days of service of the notice.

WARNING

The mediation period is tolled while a motion to disqualify the mediator is pending.

The time for mediation shall be tolled during any period in which a motion to disqualify is pending.

WARNING

An action on the Civil Docket with no step indicating an intent to prosecute for one year may be dismissed on a party’s motion or on the Court’s own motion.

When any action has remained on the Civil Docket for one year without any step being taken indicating an intention to prosecute said action, the action may be dismissed for want of prosecution on motion of either party or on the Court's own motion.