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Rule 5 Pretrial Conference--Civil Cases

Baldwin's Kentucky Revised Statutes Annotated31st Judicial Circuit - Floyd Circuit Court

Baldwin's Kentucky Revised Statutes Annotated
31st Judicial Circuit - Floyd Circuit Court
KY RFLC Rule 5
Rule 5 Pretrial Conference--Civil Cases
(a) Pretrial Conferences shall be held as a matter of course in all jury actions upon motion of either party or upon the Court's own motion. Pretrial Conferences in all other actions shall be discretionary with the Court upon its own motion or upon motion of a party to the action.
(b) Except for good cause shown or as otherwise modified by order of the Court, before a case is heard at the pretrial conference the parties shall comply with the following:
1. Pleadings shall be completed and issues identified.
2. Discovery proceedings completed, or certified to be completed prior to trial date.
3. Medical, technical and expert testimony, if by deposition, to be taken and filed.
4. Submit any maps, diagrams or photographs expected to be used at trial.
5. Be prepared to stipulate facts, admit documents and withdraw allegations whenever possible without prejudice to the presentation of the case by either party.
6. File copies of medical bills and evidence of special damages as are subject to discovery under the Rules of Civil Procedure.
7. Parties shall have persons present with complete settlement authority.
8. 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 stipulation of the parties and any other matter designated by the Court not later than 10 days following the pretrial conference.
(a) The Court may require each party to submit a pretrial brief, consisting of a short memorandum of counsel's view of the facts and law upon which counsel will rely and, if so, the Court will fix the time for filing such briefs in the Pretrial Order.
(b) At the pretrial conference the action may be assigned for a trial date, or assigned for another pretrial conference if necessary upon a showing of good cause. The Court will not accept agreed orders to continue, either pretrial conferences or trial dates except upon a showing of good cause. If any cases are settled prior to trial date, the Court shall be notified at least five (5) days prior to the day assigned for the trial and if such notification is not given, the responsible party shall be assessed the actual fee and expense for each juror present, as well as any additional costs the Court may assess.

Credits

HISTORY: Amended effective January 7, 1998.
Floyd Circuit Court Rule 5, KY R FLOYD CIR CT Rule 5
Current with amendments received through November 15, 2023. Some rules may be more current, see credits for details.
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