Wolfe 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.

CRITICAL

Motions for the Motion Docket must be filed in the county of the proceeding at least seven days before Motion Hour; if the deadline falls on a day the Clerk’s Office is closed, filing is due by its close the preceding day, and late motions must be re-noticed.

Motions to be placed on the Motion Docket shall be filed in the county of the proceeding and shall be filed in the Office of the Circuit Court Clerk in that county or electronically filed by the close of business no later than seven (7) days prior to the scheduled Motion Hour. In the event that the filing deadline falls on a day that the Circuit Court Clerk's Office is closed then the deadline for filing the Motion is extended until the close of the Circuit Court Clerk's Office the preceding day. All motions not timely filed shall be re-noticed for hearing on a day and time certain.

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

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

CHFS, GAL, and other agency reports must be filed within 45 days after the petition is filed, unless the Court extends the time.

Any reports of the CHFS, GAL or other agencies shall be filed within 45 days of the filing of the petition unless extended by the Court.

CRITICAL

The statement of appeal must be filed within 30 days after the first notice of appeal unless an extension is obtained under CR 74.

If the appeal is not perfected by the filing of a statement of appeal as provided in CR 72.06 within 30 days from the date of filing the first notice of appeal as provided in CR 72.08 and no motion for extension of time is filed as provided by CR 74, the Clerk shall notity the Circuit Judge of the failure to perfect the appeal and an order of dismissal and remand shall be entered.

CRITICAL

If a Warning Order Attorney was appointed, that attorney’s report must be filed before assignment of the final contested hearing or submission upon deposition.

C. If a Warning Order Attorney was appointed the Warning Order Attorney's report must also first be filed before an assignment of the final contested hearing or submission upon deposition.

CRITICAL

Deadline

7 business days

In the specified civil cases, prevailing counsel must prepare a conforming Order or Judgment within seven business days after the Order or Verdict, unless the Court directs otherwise.

A. In all civil cases in which a verbal Order or Judgment is announced by the Judge and in the case of a jury verdict, an Order or Judgment in conformity therewith shall be prepared by counsel for the prevailing party within seven (7) business days after the Order or Verdict, unless directed otherwise by the Court.

CRITICAL

The petitioner must obtain a pretrial date immediately upon filing.

Immediately upon filing petitioner shall obtain a pretrial date per FCRPP 32 directly from the Court and shall serve a copy of the Order upon the parents and GAL with the Petition and Summons.

CRITICAL

Counsel must obtain the final hearing date within the time period required by statute.

Within the time period required by statute, counsel for the Petitioner with notice to all necessary parties, shall obtain a final hearing date directly from the Court and tender an Notice in conformity with the given date to be noticed to all necessary parties.

CRITICAL

Before a contested final hearing, the Final Verified Disclosure Statement AOC-239 must be filed in the record.

Prior to a contested final hearing a Final Verified Disclosure Statement AOC- 239 shall be filed in the record and served upon the other party.

CRITICALCriminal cases

An eligible person may apply for pretrial diversion after indictment and no later than the pretrial conference.

After indictment in Circuit Court, and no later than the pre-trial conference any person eligible for the program may apply to the Circuit Court and the Commonwealth for entry of a pretrial diversion order.

CRITICAL

Applies to

Response

A response, if desired by a party or ordered by the Court, must be filed with the Clerk before the motion hearing unless the Court fixes a different time.

If a party desires to respond or if the Court orders a response, the response to any motion shall be in similar form and shall be filed with the Clerk prior to the date set for the hearing of the motion unless a different time is fixed by the Court.

CRITICAL

Deadline

3 business days

Motions filed no later than three business days before a motion day are docketed for that day; later motions are docketed on the following motion day unless the parties agree otherwise.

D. The Clerk shall keep a motion docket in which there shall be docketed, in order, all motions filed with the clerk no later than 3 business days prior to the Court's Motion day. Any motions filed thereafter shall be docketed on the following motion day unless otherwise agreed to by the parties.

CRITICAL

Counsel must tender the required paperwork and orders seven days before the hearing.

Counsel shall tender all necessary paperwork and orders to the Court seven (7) days prior to the hearing for review.

CRITICAL

A Guardian ad Litem must file an answer or a report that no defense can be presented within 60 days of appointment.

Within sixty (60) days of the appointment, the Guardian ad Litem shall file an answer on behalf of the respondent or a report stating that, after careful examination of the case, he or she isn't able to present a defense.

CRITICAL

The Disposition Report must be filed and distributed seven days before the disposition hearing or review.

The Disposition Report pursuant to FCRPP 26 shall be filed in the record and a copy given to the counsel, pro se litigants, and Guardian ad Litem seven (7) days prior to the disposition hearing or review.

CRITICALCriminal cases

An eligible person may apply for pretrial diversion after indictment, but no later than the pretrial conference.

After indictment in Circuit Court, and no later than the pre-trial conference any person eligible for the program may apply to the Circuit Court and the Commonwealth for entry of a pretrial diversion order .

CRITICAL

If the statement of appeal is timely filed and no counter-statement is filed pursuant to CR 72.12 within 30 days thereafter and no motion for extension of time is filed within 10 days after that, the Circuit Clerk shall provide the Circuit Judge with the file and the case shall stand submitted.

If the statement of appeal is timely filed and no counter-statement is filed pursuant to CR 72.12 within 30 days thereafter and no motion for extension of time is filed within 10 days after that, the Circuit Clerk shall provide the Circuit Judge with the file and the case shall stand submitted.

WARNING

The Court will make every effort to set a hearing within sixty (60) days of a motion for trial date, as all schedules allow.

The Court will make every effort to set a hearing within sixty (60) days of a motion for trial date, as all schedules allow.

WARNING

Failure to file an answer or report within 60 days of notification of appointment may result in sanctions and removal from the appointment list.

The failure of the Guardian ad Litem to file an answer or report within sixty (60) days of notification of appointment may result in sanctions being imposed against the attorney and removal from the Family Court Guardian ad Litem appointment list.

WARNING

When a qualifying agreed order is submitted to the Clerk before the docket call, counsel need not attend that call.

If an agreed order, signed by counsel for all parties affected, relating to a motion appearing on the docket is submitted to the Clerk prior to the call of the docket, counsel need not attend the call of the docket.

INFO

Counsel or parties may tender a proposed order, decree, or judgment no later than the hearing date.

Counsel or parties may tender a proposed order, decree or judgment on or before the date of the hearing.