Rule IV Motion days and motion practice
Baldwin's Kentucky Revised Statutes Annotated42nd Judicial Circuit - Calloway and Marshall Circuit Court
KY RCAC Rule IV
Rule IV Motion days and motion practice
The following shall apply to all motions in civil or criminal matters, except those which are permitted by the Civil Rules or Statute to be heard ex parte.
(A) Motion days for Marshall Circuit Court shall be held on the first and third Mondays of each month commencing at 8:30 a.m. Motion days for the Calloway Circuit Court shall be held on the second and fourth Mondays of each month commencing at 8:30 a.m. When Monday is a designated holiday, Rule Day will be held on the Tuesday immediately following the holiday.
Criminal Court 8:30 a.m. - Noon
Civil Matters 1:00 p.m. - 2:30 p.m.
Drug Court 3:00 p.m. - 4:30 p.m.
If the moving party is not present, the court may take the motion at the end of the docket. If a motion requires a hearing, the Court shall continue it to another time so as not to disrupt the regular motion calendar. On call of the motion docket, the Court may either rule on a motion, take it under advisement, set it for a day to be heard, or continue it until the following motion day.
(C) There shall be filed with each motion a brief statement of the ground therefor, with citations of authorities relied upon, which may be set forth in the body of the motion if the pleader so desires. Photocopies of cases relied upon may be attached as appendices to the Court's copy. 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 not later than the Friday immediately prior to the date set for the hearing of the motion unless an alternate time is fixed by the Court. The time of receipt of the motion shall be considered by the Court in ruling on requests for late filing.
(E) In the event that a party is properly noticed for a motion, and is absent at the hearing of the motion without cause for such absence, the Court may rule upon the motion even in the absence of the parties, although the Court may consider in lieu of such party's presence, a properly filed memorandum or affidavit.
(F) CONTINUED MOTIONS. An attorney who will be unable to be present at the time set for a motion shall immediately contact the moving attorney and attempt to establish a mutually agreeable time for the hearing of the motion. Should this prove unsuccessful, the party desiring the continuance shall immediately file a motion for continuance in writing, stating the reasons for the continuance, and shall send a copy directed to the attention of the judge as well as filing with the Clerk.
1. Foreclosures and actions involving multiple parties. All motions involving foreclosures as well as motions involving multiple parties shall be set on a regular rule day on the Court's regular civil docket. All parties who are represented by counsel shall have counsel present at any such hearing, and counsel appearing shall be required to be counsel of record in the case. It shall not be sufficient for an attorney who is not the attorney of record to simply appear on behalf of other counsel.
B. The amount of damages claimed, with the amounts being broken down into principal amount, accrued interest and/or finance charges where applicable, and any requests for attorney's fees. Requests for attorney's fees must be accompanied by an affidavit of counsel setting out the basis for the request for attomey's fees.
Otherwise, such motions shall be set on a regular motion day and counsel shall be present of the hearing.
Credits
HISTORY: Amended effective June 25, 2009; prior amendment effective May 28, 1998.
Calloway and Marshall Circuit Court Rule IV, KY R CALLOWAY CIR CT Rule IV
Current with amendments received through November 15, 2023. Some rules may be more current, see credits for details.
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