Woodford County Circuit Court, Kentucky Filing Timing and Cure Windows

CRITICAL

The Clerk must receive the JSAF and Order of Referral before accepting the Motion for Judgment and Order of Sale for filing.

The Motion for Judgment and Order of Sale shall not be accepted for filing until the Clerk receives the JSAF and Order of Referral.

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. 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.

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

A matter is deemed submitted once all memoranda and/or briefs are filed and the moving party has tendered proposed judgments.

A matter shall be deemed submitted once all memorandums and/or briefs have been filed in the record and proposed judgments from the moving party have been tendered.

CRITICAL

Applies to

Response

Responses must be filed with the Circuit Clerk by close of business 3 days before the scheduled motion date; an untimely response may support granting the motion or sanctions, including not considering the response.

All responses must be filed with the Circuit Clerk and served on the opposing parties or attorney, if represented, and clocked no later than close of business 3 days in advance of the scheduled motion date. Failure to timely respond to a motion may be grounds for granting the motion. Further, the Court may impose sanctions upon an attorney or party for failure to comply with this rule, including overruling the motion or not considering the response.

CRITICAL

The protective-order hearing schedule must allow hearings to be held within 14 days of filing.

The schedule shall be set by the Judge or Judges presiding over protective orders and shall be set so that hearings can be held within 14 days of filing.

CRITICAL

An attorney must return a proposed order tendered by another attorney within seven days; the source text continues beyond this excerpt.

All proposed orders, tendered by an attorney to another attorney, must be returned within seven (7) days to the tendering attorney, either

CRITICAL

A new Order of Referral and JSAF must be in place before a rescheduling motion is filed or, if there is no motion, before the property is rescheduled for sale after the specified six-month period.

For all properties not sold within six (6) months of the date of the last appraisal of the property filed of record, a new Order of Referral and JSAF shall be due and payable before a Motion is filed to reschedule the sale of the property, or in the absence of a motion, before the property can be rescheduled for sale.

CRITICAL

A motion or action may be placed on the motion docket only if notice is filed or a request is made before 4:00 p.m. at least one week before the designated motion hour.

No motion or actions shall be placed on the motion docket unless notice is filed, or request is made before 4:00 p.m., at least one (1) week preceding the motion hour designation on the notice.

CRITICALCriminal cases

An eligible person may apply for a Pretrial Diversion Order after indictment, but no later than 45 days before trial.

A. After indictment in Circuit Court, and no later than 45 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

Motions for distribution of cancelled sale costs or sale costs must be filed within 10 days after the Report of Sale or Cancelled Sale is filed.

Motions for distribution of cancelled sale costs or for distribution of costs of sale shall be filed within ten (10) days immediately following the filing of the Report of Sale or Cancelled Sale

CRITICAL

The Plaintiff or moving party must submit the order confirming sale, with sufficient copies and postage-prepaid envelopes, to the Master Commissioner within 20 days after the Report of Sale is filed.

an order confirming the sale with sufficient copies and postage prepaid envelopes, shall be submitted by the Plaintiff or moving party to the Master Commissioner within twenty (20) days after the filing of the Report of Sale

CRITICAL

An electronically filed or physical-drop-box motion submitted after 8:00 a.m. on the next business day after its deadline is untimely and will not be heard.

Any motion filed electronically or utilizing a physical drop box after 8:00 a.m. on the next business day following the date of the deadline shall be deemed to be not timely filed and will not be heard.

CRITICAL

Deadline

3 business days

The Court, the juvenile, and counsel must receive court-ordered reports and accompanying documents at least three business days before any proceeding or hearing.

At least three (3) business days prior to any proceeding or hearing, the Court, the juvenile and counsel shall receive any court ordered reports and accompanying documents.

CRITICAL

A notice of related cases, if any, is due when the initiating pleading is filed.

At the time the initiating pleading is filed, Petitioner is required to file with the Court a notice of related cases, if any.

CRITICAL

Deadline

3 business days

After a sale, the Master Commissioner must report their actions to the Court within three business days.

The Master Commissioner after making the sale shall report his/her actions to the Court within three (3) business days of the sale.

CRITICAL

Adoption final-hearing motions are noticed at the Court’s convenience, but an uncontested adoption hearing must be held within 30 days after the request is filed unless required documents remain unfiled.

A motion for final hearing in an adoption proceeding shall be noticed at the convenience of the Court except that in the case of an uncontested adoption, a hearing shall be held within 30 days of the filing of the request for a final hearing pursuant to FCRPP 33(2) unless all required documents have not been filed.

CRITICAL

The listed documents must be filed before the Court grants permission to withdraw.

Before permission to withdraw is granted, it shall be the responsibility of retained trial counsel to prepare and file the following: 1. Notice of Appeal pursuant to Criminal Rule 12.04 and Civil Rule 73.02; 2. Motion, Affidavit and Order for leave to appeal In Forma Pauperis; 3. Order directing preparation of the transcript; and 4. Order substituting the Public Defender's Office as counsel on appeal.

CRITICAL

The sale advertisement must be published at least once 7 to 21 days before the sale; additional publications are permitted if one falls within that period.

All sales shall be advertised in accordance with KRS 424.130 as follows: The advertisement shall be published at least once not less than seven (7) days nor more than twenty-one (21) days before the date of the sale, but may be published two or more times provided that one publication occurs not less than seven (7) days nor more than twenty-one (21) days before the date of sale

CRITICAL

The plea motion must be filed at the time the Court takes the defendant’s plea.

A motion to enter the guilty plea or plea pursuant to North Carolina v. Alford shall be filed at the time the defendant’s plea is taken by the Court.

CRITICAL

If no exceptions are filed, the sale is deemed confirmed without a motion 10 days after the Report of Sale is filed.

Ten (10) days after the filing of that report, if no exceptions have been filed thereto and without motion, the sale shall be deemed confirmed

CRITICAL

The VS-300 form is due when the Petition for Dissolution is filed.

A completed VS-300 form typed and signature in black or blue ink shall be filed at the time of filing of the Petition for Dissolution.

CRITICAL

All cancelled sale fees must be paid and an Order of Distribution entered before a new sale date is set or the case is dismissed.

All cancelled sale fees must be paid, and Order of Distribution entered with the Court before a new sale date is set or a case is dismissed.

CRITICAL

If applicable, the felony-diversion motion and proposed order must be filed at the time the defendant’s plea is taken.

If applicable, a motion for felony diversion and proposed order of diversion shall also be filed at the time the defendant’s plea is taken.

CRITICAL

No further pleadings, proof, or briefs may be filed after submission unless the Court orders or allows filing for good cause shown.

No further pleadings, proof or briefs shall be filed after submission, unless ordered or allowed by the Court for good cause shown.

CRITICAL

Offer sheets must be filed in the record on or before the date the defendant’s plea is taken.

All offer sheets shall be signed by the attorney prosecuting the case, the defendant, and the defendant’s counsel and shall be filed in the record on or before the date the defendant’s plea is taken.

CRITICAL

If the Plaintiff or moving party fails to submit the Order Confirming Sale within 20 days after the Report of Sale is filed, the Master Commissioner must terminate further interest accrual on the Judgment effective 20 days after that filing.

In the event the Plaintiff or moving party shall fail to submit the Order Confirming Sale to the Master Commissioner within twenty (20) days after the filing of the Report of Sale, then the Master Commissioner shall terminate the accrual of any additional interest on the Judgment effective twenty (20) days after the filing of the Report of Sale.

CRITICAL

Applies to

Motion

Unless a rule or statute allows otherwise, motions set on a docket must be filed with the Circuit Clerk by close of business 10 days before the scheduled motion date.

Unless otherwise allowed by rule or statute, all motions to be set on a docket must be filed with the Circuit Clerk and served on the opposing parties or attorney, if represented, and clocked no later than close of business 10 days in advance of the scheduled motion date.

CRITICAL

Deadline

1 hours

Petitions must be reviewed within an hour of presentation unless no judge or trial commissioner is available.

F. 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

When attorneys are responsible for submitting the pretrial order, it is due no later than ten days after the pretrial conference.

If a pretrial order is not entered at the time, the attorneys shall be responsible for preparation and submission of a pretrial order, incorporating the Court's rulings, agreements or stipulations of the parties in any matter designated by the Court not later than ten (10) days following the pretrial conference.

CRITICAL

A motion response must be filed by the time specified in the notice of hearing.

Such response shall be filed at or before the time specified in the notice of hearing of the motion.

WARNING

Applies to

Motion

Unless the Court orders otherwise, untimely filed or improperly noticed motions are automatically passed to the next appropriate motion hour.

Unless otherwise ordered by the Court, all motions untimely filed or improperly noticed shall be automatically passed to and docketed by the Circuit Clerk for the next appropriate motion hour.

WARNING

Applies to

Motion

Non-emergency Family Court motions must be noticed for the beginning of the appropriate regularly scheduled motion docket unless the Judge or Family Court Office advises otherwise.

Motions for matters in Family Court, not an emergency, shall be noticed for the beginning of the appropriate regularly scheduled motion docket, unless otherwise advised by the Family Court Judge or Family Court Office.

WARNING

A Military Attorney who fails to file an answer or report within 60 days after notification of appointment may face sanctions and removal from the Military Attorney List.

The failure of the Military Attorney 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 Military Attorney List.

WARNING

When a referenced exhibit is not filed and served with a pleading for which service is required, the opposing party need not file a responsive pleading until the exhibit is filed and a copy is provided.

If any exhibit or copy thereof, referred to in a pleading as part thereof, is not filed and served upon the opposing party, and if service is required of the pleadings, the opposing party shall not be required to file a responsive pleading until the exhibit has been filed, and a copy provided to the opposing party or counsel for the opposing party.

WARNING

If the Court requires trial briefs, the pretrial order must specify the filing time.

The Court may require each party to submit a trial brief, consisting of a short memorandum of his/her view of the facts and law on which s/he will rely, and if so, the Court shall fix the time for filing such briefs in the pretrial order.