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Rule 7 General civil

Baldwin's Kentucky Revised Statutes Annotated52nd Judicial Circuit - Graves Circuit Court

Baldwin's Kentucky Revised Statutes Annotated
52nd Judicial Circuit - Graves Circuit Court
KY GRAVESC Rule 7
Rule 7 General civil
Currentness
701. Motion Days--Non-Domestic (Civil) Cases
A. Excepting legal holidays, motion days (“rule days”) shall be conducted on each Monday, unless otherwise ordered by the Court.
B. Civil motions will be set for 8:30 a.m. each Monday. Ordinarily, no testimony will be heard on rule day, and if more than very brief argument is to be presented, the motion shall be set by the Court for a time certain.
C. Unless otherwise provided by statute, rule, or order, motions shall be filed with the Clerk before the close of business on Tuesday preceding the scheduled motion hour and served that same day by fax or actual service on the opposing party or counsel. Service, if made by mail, shall require three (3) additional days notice. Responses and counter-motions, if any, shall be filed at least one (1) day prior to rule day, which would be the close of business on Friday preceding rule day on Monday.
702. 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, a party desiring the continuance shall immediately file for a 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 it with the Clerk. If no hearing can be scheduled prior to the date the motion was originally set for hearing, the motion will be automatically continued until an agreed-upon hearing date is scheduled or until the next motion hour, whichever occurs first.
703. Motion Under CR 78(2)
A movant, at his option, may bring his motion under the provisions of CR 78(2) which makes provision for the determination of motions without oral hearings upon brief written statements of reasons in support and opposition. The movant, in his certificate of service or elsewhere in the motion, shall state that the motion is made under CR 78(2) and shall direct the opposing attorney's attention to the fact that under this local Rule, the motion may be granted routinely by the Court ten (10) days after filing, unless an objection is received or a response filed. Should the party opposing the motion under Rule CR 78(2) wish to have an oral hearing on the question, he may state so in his response and notice said response for hearing at rule day at a given time. Motions should be filed under either CR 78(2) or noticed for a date certain. Motions which are not filed under one or the other of these provisions may be considered defective or even nugatory and void. A motion to set a case for trial shall not be brought under CR 78(2).
704. Pretrial Conference: Civil Cases--Non-Domestic
A. Pretrial conferences shall be held as a matter of course in all jury actions and upon the motion of either party or upon the Court's own motion in all other actions.
B. No case shall be set for a pretrial conference or a trial until all discovery of the parties has been taken. If a party moves for a trial date and certifies that his discovery of a party has been taken and the other party's attorney states he is not through taking discovery of a party, then thirty (30) days will be allowed for that discovery to be completed, at which time the attorney can re-notice his motion for a trial date.
C. No case shall be set for a pretrial conference or trial until the plaintiff has certified to the Court that all medical and expert depositions have been scheduled.
D. Pretrial conferences in all jury actions shall be held at a time designated by the Court. The attorney attending the pretrial conference shall be familiar with the case and shall be prepared and authorized to make such arguments, stipulations, and decisions as may be required during said conference in conformity with the terms of the Pretrial Conference Order.
E. Except for good cause shown, before a case is heard at the pretrial conference, the parties shall comply with the following:
1. pleadings must be completed and the issues made up;
2. discovery proceedings complete;
3. present to the Court at the pretrial conference written instructions incorporating the parties' then understanding of the issues and the law without prejudice to the right to present further instructions as may be indicated by subsequent proceedings;
4. the parties shall be prepared at the pretrial conference to stipulate certain facts as to the admissibility of certain documents or other evidence, or withdraw certain allegations or defenses appearing in the pleadings, whenever possible; and if same can be done, without prejudice to the presentation of the case by either party;
5. in tort actions involving personal injury, be prepared to exchange such medical reports and copies of medical bills or evidence of special damages as are subject to discovery under the Rules of Civil Procedure;
6. at least sixty (60) days prior to the pretrial conference, all parties shall exchange a list of witnesses intended to be called at the trial with a brief summary as to the testimony of each witness;
7. at least thirty (30) days prior to the pretrial conference, all parties shall exchange a list of all documents, charts, etc., intended to be introduced as evidence at the trial, and shall exchange a list of all stipulations they believe can be agreed upon at the pretrial conference.
F. 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 and any matter designated by the Court not later than ten (10) days following the pretrial conference. The Court may require each party to submit a trial brief consisting of a short memorandum of his view of the facts and law on which he will rely; and if so, the Court shall fix the time for filing such briefs in the pretrial order.
G. Any party that has failed to comply with the Court's pretrial order may be subject to any or all of the following:
1. an order that the matters set forth in the obedient party's compliance documents be taken as established;
2. an order prohibiting the disobedient party from introducing a designated document or presenting instructions or taking further proof by deposition;
3. the Court may remove the action from the trial docket;
4. an order assessing all Court costs against the disobedient party;
5. if both parties fail to comply, the Court may, on its own motion, dismiss the action without prejudice and assess the costs accordingly.
H. Cases that have been previously assigned for trial and continued shall not be given preference as to trial dates, except in those cases where good cause appears for giving such preference.
705. Motions and Motion Docket: Generally
Form of Motion and Docketing
A. No motion shall be accepted for filing by the Clerk unless accompanied by a separate proposed order. Unless other arrangements have been made with the Court, pleadings delivered to the Court shall be treated as mere courtesy copies.
B. Each motion shall contain a Notice, which shall specify the date, time, and place for the hearing.
C. The Clerk shall maintain a motion docket and shall docket in the order received all motions assigned for hearing on each motion day, either by Court order or by notice duly served. This motion docket will be called on motion day.
D. All attorneys and their respective clients who attend motion day are to remain outside the jury rail until their particular motion is called for hearing by the Court. When their particular motion is called for hearing, the attorneys shall proceed to the two counsel tables and shall argue the motion from the counsel tables and are not to approach the Bench until permission from the Court is requested and1
E. Every motion, other than the ones which may be heard ex parte, shall appear upon the motion docket, provided that any motion which is accompanied by an agreed order signed by counsel for all parties affected by the order shall not appear on the motion docket. All motions going to the merits of the case, including motion to dismiss, motion for summary judgment, motion to strike, and motion under CR 12.02, shall be accompanied by a brief statement of the grounds for the motion with citation of authorities relied upon. Failure to file a statement of grounds with supporting authorities may be grounds for overruling the motion. Any party properly served with a motion accompanied by a statement of grounds and authorities shall file a response containing a statement of grounds for opposing the motion with citation of supporting authorities. Such response shall be filed at or prior to the time specified in the notice of hearing of the motion. Failure to file a response may be grounds for sustaining the motion, but the time for filing a response may be extended for good cause shown.
F. If an agreed order signed by counsel for all parties affected is submitted to the Clerk prior to the call of the motion docket, counsel need not attend the call of the motion docket.
G. If additional time is allowed in any proceeding for supplementation of the record, or for briefing, counsel shall, when the time has expired, or the supplementation or briefing completed, advise the Court that the matter is ready for a decision.
706. Entry of Orders and Judgments
Whenever any rule is made or opinion rendered, an order or judgment in conformity therewith shall be tendered by counsel for all parties thereto in conformity to the ruling or opinion and shall be presented to the Court. If the party against whom the order or judgment is to be entered is not represented by counsel, or be represented by counsel who declines to attest the order or judgment, such fact shall be endorsed thereon. When signed by the Judge, the order or judgment shall be delivered to the Clerk for entry. After entry, the Clerk shall mail attested copies of the order or judgment to all parties or their respective attorneys as required by the Rules of Civil Procedure.
707. Motions, Pleadings, Briefs and Orders
All civil, criminal, and domestic orders to be entered by the Court shall contain a Clerk's certification of service for all parties.
708. Exhibits to Pleadings, Answers to Interrogatories, and Request for Admissions
A. Any pleading that refers to an exhibit as attached to the pleading shall, in fact, be accompanied by such exhibit, and opposing counsel shall not be required to respond to such pleading which fails to include the referenced exhibit.
B. When answering interrogatories or request for admissions, the replying party shall, as a part of his answer, set forth immediately preceding the answer the questions or the request made with respect to which such answer is given.
709. Order of Submission
A. Upon submission of any action to the Court for final judgment, the parties shall prepare and present to the Court an order of submission setting forth in particular the issue or issues on which the action is submitted.
B. An action shall be submitted only upon the entry or an order of submission.
C. No further pleadings, 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.
D. The Court may, but need not, pass upon any such action before such order of submission.
E. On any motions submitted to the Court for decision, the Court is to make all reasonable efforts to enter a decision on the motion within thirty (30) days after date of submission.
F. On all cases tried by the Court without the benefit of a jury, the Court shall make all reasonable efforts to enter a decision in the case within sixty (60) days after submission.
710. Copy of Complaint to be Filed
Whenever a civil complaint is filed, sufficient copies thereof, including the names of the attorneys and the true copies of all affidavits, jurats, and exhibits, shall be left with the Clerk for service on each defendant pursuant to Civil Rules of Procedure.
711. Procedure on Rules for Contempt
The proper procedure in procuring a rule for contempt is as follows: A motion should be filed asking for the rule, and this should be supported by a sufficient affidavit showing that applicant is entitled to the same. When the motion and affidavit are filed, the Clerk of the Courts may issue the rule ex parte, which rule shall not come on for hearing sooner than five (5) days from the date the rule is served, unless otherwise ordered; and no rule shall come on for hearing unless the same has been served upon the person in contempt by an officer authorized to serve a summons. The rule shall contain a short statement of the grounds for its issuance.
712. Courtroom Decorum
In addition to expecting that the attorneys present in Court should be appropriately attired, the parties, witnesses and spectators shall also dress appropriately. Among other items, shorts, garments with inappropriate messages, and tank tops are inappropriate. Attorneys are expected to advise their clients and witnesses of the dress code. Unless otherwise ordered by the Court, children under the age of six (6) shall not be in the Courtroom.

Credits

HISTORY: Amended effective March14, 2014. Adopted effective April 13, 2012.

Footnotes

1
So in original. Prior version of rule continued with “granted, or unless the Court so requests.”.
Graves Circuit Court Rule 7, KY R GRAVES CIR CT Rule 7
Current with amendments received through November 15, 2023. Some rules may be more current, see credits for details.
End of Document