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Rule II Motion Practice

Baldwin's Kentucky Revised Statutes Annotated13th Judicial Circuit - Garrard and Jessamine Circuit Courts

Baldwin's Kentucky Revised Statutes Annotated
13th Judicial Circuit - Garrard and Jessamine Circuit Courts
KY RGSC Rule II
Rule II Motion Practice
Motion Days are classified as Civil and Criminal and, as a general rule, are held in each county within the Circuit on the following schedule:
(a) CIVIL MOTION DAYS: 9:00 a.m.
(1) Jessamine: Thursday before the Second and Fourth Friday of each month
(2) Garrard: First Friday of each month.
(b) Criminal Motion Days:
(1) Jessamine: Second and Fourth Friday of each month.
(2) Garrard: All criminal cases shall be set for the First Friday of each month at 10:00 A.M. and the Third Friday of each month at 9:00 A.M.
2.20 MOTION RULES
(a) All motions shall be scheduled for Motion Day, except as follows:
(1) Motions for default judgment. CR 5.01
(2) Motions for action upon Commissioner's Reports, but only if all parties not in default agree in writing to submit the matter to the Court and waive service and notice requirements otherwise required by CR 53.06. To request action upon Commissioner's Reports before expiration of the ten (10) day period, all parties must also specifically waive that requirement.
(3) Ex parte motions authorized by rule or statutes.
(b) Motions and notice thereof shall be served at least seven (7) days prior to the Time specified for the hearing, except for good cause shown. All motions are to be copied to the Court.
(c) Motions shall be filed with the Circuit Clerk on or before close of business of the third day preceding the motion
(d) The orders and rulings written on the docket and signed by the Court shall constitute the entire order of the Court unless it is noted on the docket that a supplemental order or ruling is to be filed. If counsel is directed to prepare an order, it shall be done and left at the Clerk's office within five (5) days of the ruling. Counsel shall submit the appropriate number of copies along with the original.
(e) In the event a Motion Day is cancelled for any reason, all cases shall automatically be re-docketed for the next regular Motion Day and shall be scheduled before subsequently filed motions.
(f) Both civil and criminal motions shall be docketed and heard in the county where the action is filed unless:
(1) The matter is of an emergency nature and the grounds for the emergency are stated in the motion;
(2) The motion and notice requirements are complied with; and
(3) The record is made available as required by Kentucky Rules of Procedure. CR 79.05.
(g) Attorneys are encouraged to prepare summons to assist the Clerk in the issuance of same.

Credits

HISTORY: Amended effective October 20, 2011; prior amendment effective March 6, 2007.
Garrard and Jessamine Circuit Court Rule II, KY R GARRARD JESSAMINE CIR CT Rule II
Current with amendments received through November 15, 2023. Some rules may be more current, see credits for details.
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