Ky. Admin. Office of the Courts, Circuit/District Court Clerks' Manual, ch. 43 (Forcible Entry and Detainer)

Citation: Ky. Admin. Office of the Courts, Circuit/District Court Clerks' Manual, ch. 43 (Forcible Entry and Detainer)
Jurisdiction: Kentucky (state)
Source: Official source
Original Source: https://www.kycourts.gov/Courts/County-Information/Documents/ClerksManual.pdf ↗

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39.4.3 Commonwealth/County Attorney Response to Application
 The Commonwealth’s attorney or county attorney that prosecuted the case shall file a
response within sixty (60) days after being served with the notice of filing. The time
period may be extended for good cause, but the hearing on the application shall occur
no later than 120 days following the filing of the application.
 In any case in which the Commonwealth objects that the application is grossly
incomplete, the court shall order the person or agency originating the application to
supplement the application.

265
EXPUNGEMENT

 If the court receives a response from the prosecutor stating no objection to the
application to have the judgment vacated, the court may enter an order without a
hearing.
 Per KRS 431.073(2), no hearing upon the merits shall be scheduled until the
Commonwealth’s response has been filed, or if no response is received, no later than
120 days after the filing of the application.
1. When the prosecutor’s response is received, apply the FILED stamp; add Quick Reference
the date and your initials. Complete a document screen in the existing File, date, initial
case file using document type CRFEX.
Document type
2. Deliver the file to the judge for review. The judge will determine whether
CRFEX
to set a hearing.
3. If a hearing date is ordered, complete a scheduled events screen using
type FEX. Complete AOC Form 496.1 and send a copy to:
Event type FEX
• Defendant and his/her attorney
• County attorney or commonwealth attorney that prosecuted the
case.
4. Update or unschedule (DELSCH) the tickler event ERR. Tickler Event ERR