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Rule 4 Civil proceedings

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 4
Rule 4 Civil proceedings
Currentness
4.01. Pre-trial Proceedings. Pre-trial Conferences may be scheduled at the request of one of the parties or on the Court's own initiative. Pre-trial conferences shall be set on any regular court day as time allows.
4.02. Motion Calendar.
(BARREN) Motions in civil cases, including motions to set for trial, shall be filed at least one (1) week in advance before the Motion shall be heard and shall be filed for hearing on Monday or Thursday at 2:00 p.m.
(METCALFE) Motions in civil cases, including motions to set for trial, shall be filed at least one (1) week in advance before the Motion shall be heard and shall be filed for hearing on Wednesday at 10:00 a.m.
4.03. Jury Trials.
(BARREN)
(1) Jury trials will be normally scheduled on Fridays but may also be scheduled for any other regular court day at the Court's discretion. Once begun, trials may be continued to any day of the week at the discretion of the Judge.
(2) Request for a jury trial in a civil case shall be made on a civil motion day pursuant to HDR 5.02, shall be accompanied by the required jury fee, and shall include a tendered Order with the following language:
On or before fourteen (14) days prior to said trial date, each party shall file with the Clerk of this Court a list of names and addresses of all witnesses (excepting parties) to be used by them at the trial, together with an itemized list of all special damages proposed to be proven at trial, and a list of all exhibits proposed to be introduced as evidence, which shall be shown by certificate of attorney. A copy of all exhibits listed with the Clerk shall be provided to all opposing counsel or parties answering and not represented by counsel, unless said exhibits are too cumbersome and voluminous as to make same impracticable, in which case such exhibits shall be made available for viewing by all opposing counsel or parties answering and not represented by counsel. No other witnesses may be introduced or special damages proven or exhibits received in evidence than those disclosed as above set out, except by agreement of all parties or in the sound discretion of the Court for good cause shown.
(METCALFE)
(1) Jury trials will be normally scheduled on Wednesdays but may also be scheduled for any other regular court day at the Court's discretion. Once begun, trials may be continued to any day of the week at the discretion of the Judge.
(2) Request for a jury trial in a civil case shall be made on a civil motion day pursuant to HDR 5.02, shall be accompanied by the required jury fee, and shall include a tendered Order with the following language:
On or before fourteen (14) days prior to said trial date, each party shall file with the Clerk of this Court a list of names and addresses of all witnesses (excepting parties) to be used by them at the trial, together with an itemized list of all special damages proposed to be proven at trial, and a list of all exhibits proposed to be introduced as evidence, which shall be shown by certificate of attorney. A copy of all exhibits listed with the Clerk shall be provided to all opposing counsel or parties answering and not represented by counsel, unless said exhibits are too cumbersome and voluminous as to make same impracticable, in which case such exhibits shall be made available for viewing by all opposing counsel or parties answering and not represented by counsel. No other witnesses may be introduced or special damages proven or exhibits received in evidence than those disclosed as above set out, except by agreement of all parties or in the sound discretion of the Court for good cause shown.
4.04 Trials by Court. All matters requesting Trial by Court shall be set for a Motion Day pursuant to HDR 5.02 to schedule such a Trial by Court and shall be accompanied by the same Order for Trials by Jury as specified in HDR 5.03 (3). Trials by Court shall be scheduled by the Judge on any non-jury, non-juvenile day at a lime to be specified in the discretion of the Judge and the Court calendar.
4.05. Settlements.
(1) Upon the settlement of any civil action which is set for trial, the parties shall immediately notify the Barren or Metcalfe Circuit Clerk's Office of the fact of settlement.
(2) Upon the settlement of any action, an Agreed Order of either judgment or dismissal, signed by all parties or their counsel, shall be prepared and tendered to the Judge for signature. Such Agreed Order shall be entered prior to the date of trial, if at all practicable.

Credits

HISTORY: Adopted eff. July 31, 2018.
Barren District Court Rule 4, KY R BARREN DIST CT Rule 4
Current with amendments received through November 15, 2023. Some rules may be more current, see credits for details.
End of Document