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Rule 8 General civil rules

Baldwin's Kentucky Revised Statutes Annotated19th Judicial District - Fleming, Bracken and Mason District Courts

Baldwin's Kentucky Revised Statutes Annotated
19th Judicial District - Fleming, Bracken and Mason District Courts
KY BFMDC Rule 8
Rule 8 General civil rules
801. Motions
A. General. Unless made orally during the progress of a trial in chief, motions must be in writing, accompanied by legal memorandum. Rebutting memorandums must be served within ten (10) days. Motions, outside of trial, will be decided without oral argument unless oral argument is specifically requested by either party. All motions shall be set for a specific date, in accordance with the Court's set schedule.
B. Default. Motions for Default Judgments shall be accompanied by the following certificate in addition to the Military Affidavit, if a Military Affidavit is required:
DEFAULT JUDGMENT CERTIFICATE
Plaintiff, by counsel, certifies that:
A. No papers have been served on plaintiff's counsel by the defendant(s) in default.
B. Defendant(s) were served on ___ (date)
C. The balance due on the loan is as follows:
(1) The amount of the original obligation is: $
 
(2) The amount paid by defendant(s) to be deducted from the original obligation is $
 
(3) If there is a small loan, the amount of unearned interest rebate to be deducted pursuant to
KRS 288.530(6)
is: $
 
(4) The balance due from defendant(s) is: $
 
(5) If the balance due on line (4) above is different from the amount sought in the Default Judgment, the reason is:
 
D. If the basis of plaintiff's claim is a Promissory Note, the original note has previously been filed herein or is filed herewith.
If not, the reason is:
 
E. If the basis of plaintiff's claim is property damage to an automobile, a copy of the repair estimate or other document evidencing the damages sought in the Complaint shall be submitted, accompanied by a statement that the repair estimate does not exceed the fair market value of the automobile.
F. If the basis of plaintiff's claim is a credit card that is in default, a copy of the credit card billing from the card issuer or credit card company, and a copy of the credit card agreement are to be filed with the Complaint.
G. If the debt has been assigned from the original creditor, the assignment must be filed with the Complaint.
H. If attorney's fees are requested, the provision in the contract/security agreement allowing for a claim of attorney's fees should be highlighted and filed with the Complaint, and fully identified in the motion. Further, an affidavit from the attorney must be filed with the motion stating in detail how the requested attorney's fees were determined so that the court may determine if the requested attorney's fees are reasonable.
All motions for default judgment require the presence of the attorney for the plaintiff at the hearing (or an attorney temporarily designated to represent the interests of the plaintiff).
802. Jury Trial & Jury Instructions
A. Jury Trial. Any party desiring a trial shall, at the time of filing a Motion for a jury trial or removal from Small Claims Court, pay the jury fee to the Clerk as required. Otherwise, his/her right to trial by jury shall be waived. The cost of the jury shall be taxed as costs against the unsuccessful party. When a party who requested a jury no longer desires one, the party shall notify the Court not later than 48 hours before the case shall be called. Failure to do so shall result in the imposition of jury costs on the requesting party.
B. Jury Instructions. Written instructions to the jury (in civil cases) shall be tendered to the District Judge at least 48 hours prior to trial. The court may direct earlier submission of jury instructions in criminal cases.
803. Orders of Delivery
All orders of delivery shall be by seven (7) days notice to the party having possession of the personal property unless a verified statement is filed setting forth the reasons for non-notice. Notice shall also be given to any person who has an interest in the personal property. This notice shall be returnable and heard before the District Court at the time provided for the hearing of said motion by the District Court.
804. Monies Paid into Court
All monies paid into District Court shall be paid to the Clerk of the District Court and withdrawn according to rules for the District Court Clerk, except the Court in order to protect an attorney's lien, or otherwise in the furtherance of justice, or for the convenience of administration, may order payment to an attorney of record. The Clerk shall not pay such money to an attorney unless such attorney is so authorized by name in the order of withdrawal. Such order may issue on motion without notice.
805. Witness, Personal Appearance
The personal appearance of a party or witness in aid of execution on a judgment shall be heard by the District Court according to the rules pertaining to same.
806. Witness, Upon Judgment
Whenever a defendant, party or witness has appeared and been examined under oath on a discovery proceeding upon a judgment, such person shall not be compelled to appear again within six months unless an affidavit is filed by counsel showing a change of conditions or circumstances warranting same.
807. Special Bailiffs and Their Compensation
Special bailiffs may be appointed upon the affidavit of the moving party pursuant to KRS 421.135. Under KRS 421.135, the special bailiff shall be allowed by the judge a reasonable compensation for the service, not to exceed that allowed to sheriffs for conveying prisoners to the penitentiary.
808. Dismissing of Action
No action shall be dismissed until all costs have been paid in full to the Clerk, unless good cause is shown by affidavit and motion.

Credits

HISTORY: Amended effective January 10, 2016. Adopted effective January 17, 2014.
Bracken, Fleming and Mason District Court Rule 8, KY R BRACKEN DIS CT Rule 8
Current with amendments received through November 15, 2023. Some rules may be more current, see credits for details.
End of Document