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Rule 5 Motion practice

Baldwin's Kentucky Revised Statutes Annotated43rd Judicial District - Barren and Metcalfe District Court

Baldwin's Kentucky Revised Statutes Annotated
43rd Judicial District - Barren and Metcalfe District Court
KY RBAR DIST Rule 5
Rule 5 Motion practice
5.01. Direct Submissions. Any Motion accompanied by an “Agreed Order”, any Motion for a Default Judgment, any Motion for a Hardship Driver's License or Interlock Ignition Device may be filed with the District Clerk and sent directly to the Judge for review/submission. All other motions must be noticed for a hearing at Motion Hour pursuant to the type of case to be heard: Criminal HDR 4.02, Civil HDR 5.02, Probate HDR 9.01, Juvenile HDR 10.01, Guardianship, Mental and Disability HDR 12.02.
5.02. Service of Motions. Each Motion shall be served upon opposing counsel or party not represented by counsel and entitled to notice and shall be as described in Civil Rule 5.02. All Post-Judgment Motions must be served upon the opposing party.
5.03. Subject Matter. Each notice shall state therein, in general terms, the subject matter of the Motion and the action of the Court requested by the movant.
5.04. Tendered Orders Required. No Motion, including Motions to Suppress, Motions to Dismiss, and Motions for Bond Assignment, will be heard by the Court unless same is accompanied by a tendered Order which the movant desires the Court to enter. Motions to Suppress and Motions to Dismiss shall be accompanied by tendered Findings of Fact and Conclusions of Law. Other Motions shall be accompanied by Findings of Fact and Conclusions of Law if such Findings and Conclusions are required by law to be made by the Court. Opposing counsel shall likewise tender its requested Order for the Court's review, prior to the date the Motion is to be heard by the Court.
5.05. Hearings. Any hearing required pursuant to a Motion will, at the calling of the Motion, be heard at said time or assigned to a date and hour for hearing. Except for good cause shown, any Motion requiring a hearing of more than fifteen (15) minutes or requiring witness testimony may be assigned for hearing at a specific lime.
5.06. Incorrect Case Name or Number. Any Motion which is filed where the case number cited by the attorney does not correspond with the case name on file with the District Clerk's office shall be clocked in, but will be voided and returned to the attorney without placing on a docket for court review or action, noting that the matter was not placed on the docket as requested and the specific reason therefore; (e.g. “Unable to docket: case number does not match Defendant name in Sustain.”) It is not the responsibility nor authority of the Clerk/Deputy Clerk to correct any errors in case numbers or case names on motions filed by attorneys.
5.07. Fax Transmissions. Fax transmissions are not acceptable as court filings. All Motions must be filed by hard copy or by electronic filing with original signatures to the District Clerk in order to be considered as filed and be placed on a court docket. Fax transmissions may be accepted in lieu of any telephonic conversations otherwise acceptable (e.g. first telephonic request for one [1] week continuance of arraignment, notice of eviction settlement.)
5.08. Subpoena Issuance. The use of digitized signatures by the Circuit Clerk's Office or any issuing attorney is appropriate if authorized by the signatory for purpose of issuing subpoenas.

Credits

HISTORY: Adopted eff. July 31, 2018.
Barren District Court Rule 5, KY R BARREN DIST 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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