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Rule 10 Motions in civil cases

Baldwin's Kentucky Revised Statutes Annotated27th Judicial Circuit - Knox and Laurel Circuit Court

Baldwin's Kentucky Revised Statutes Annotated
27th Judicial Circuit - Knox and Laurel Circuit Court
KY RKLC Rule 10
Rule 10 Motions in civil cases
A. FORM OF MOTION
(1) Written motions, other than those that may be heard ex parte, and notice of the hearing thereof, shall be filed with the Clerk at least five days before the time specified for the hearing unless a different period is fixed by the Rules of Civil Procedure, any applicable statute, or by Court order.
(2) Unless otherwise noticed therein, each motion shall be assigned for hearing on the first Motion Day at which it can be lawfully heard under the rules of Civil Procedure, these Rules, or any applicable statute. The notice shall specify the date, time, and place for the hearing.
(3) All motions going to the merits of the case, including motions to dismiss, motions for summary judgment, motions to strike, and motions under CR 12.02, shall be filed at least 10 days prior to motion hour and accompanied by a brief memorandum of the grounds for the motion with citation of authorities relied upon, but not greater than 25 pages in length. Failure to file a memorandum of grounds with supporting authorities may be grounds for overruling the motion. Any party properly served with a motion accompanied by a memorandum of grounds and authorities shall file a response containing a memorandum of grounds opposing the motion, with citation of supporting authorities, but not greater than 25 pages in length. Such response shall be filed at least 72 hours prior to the time specified in the notice of hearing of the motion. Failure to file a timely response may be grounds for sustaining the motion, but the time for filing a response may be extended upon oral or written motion for good cause shown, including such factors as the length and complexity of the motion and supporting memorandum. Any reply memorandum shall be limited to 5 pages in length and must be filed 24 hours before the hearing.
(4) Non-jury cases will be assigned for trial only upon motion at the call of the Motion Docket, at which time the Court shall be informed of the probable duration of the trial and any conflicting trial obligations of counsel for the parties.
(5) A motion to compel discovery, for a protective order, or for sanctions, may be filed pursuant to CR 26 and/or CR 37 only if counsel are unable to resolve between themselves the discovery dispute. Counsel has the duly to make a good faith effort to resolve any disputes which arise in the course of discovery. The moving party shall attach to the motion a certification of counsel that counsel have conferred and that they have been unable to resolve their differences. The certification should detail the attempts of counsel to resolve the dispute.
B. DOCKETING AND APPEARANCES
(1) The Clerk shall keep a Motion Docket on which will be docketed, in order of receipt, all motions assigned for hearing on each Motion Day, either by Court order or by notice duly served. The Clerk will keep separate dockets for each Division.
(2) Every motion, other than ones which may be heard ex parte, shall appear on the Motion Docket.
(3) The Motion Docket will be called on Motion Day and, unless otherwise ordered, the motions will be heard in the order docketed. When at Motion Day, the case is called, participating counsel shall stand in place, answer the call, and advise the Court if a hearing is necessary in the matter. If a hearing is necessary, the case may be passed to the second call of the docket, at the discretion of the Court, or to such time as the Court may direct.
(4) Any Motion docketed pursuant to paragraph (1) above may be passed only upon agreement of all counsel of record. If any party is unrepresented by counsel, that party must also consent to the Motion being passed.
(5) The Clerk of the Court shall be notified immediately if any motion is to be passed pursuant to paragraph (4) above.
(6) It is the responsibility of the party passing the Motion to secure the consent of ALL other parties of record to pass the motion. Any party or attorney who appears in response to a docketed Motion that was passed who was not notified in conformity herewith may petition the Court for costs and/or sanctions.
C. AGREED ORDERS
(1) If an agreed order, signed by counsel for all parties affected, relating to a motion appearing on the Motion Docket is submitted to the Clerk prior to the call of the Motion Docket, counsel need not attend the call of the Motion Docket. The agreed order shall set forth the basis for the order.
(2) Out-of-Court resolutions of discovery disputes may be effectuated by submitting to the Court an agreed order signed by counsel for all affected parties. No supporting motion is necessary and the matter need not be placed on the Motion Docket.
D. CIVIL MOTION HOURS
KNOX
1ST FRIDAY OF EACH MONTH
DIVISION II
9:00 A.M.
JUDGE JENSEN
DIVISION I
10:30 A.M.
JUDGE LAY
LAUREL
2ND FRIDAY OF EACH MONTH
DIVISION I
9:00 A.M.
JUDGE LAY
DIVISION II
10:30 A.M.
JUDGE JENSEN

Credits

HISTORY: Amended effective May 1, 2013. Prior amendments effective January 24, 2006; April 3, 2008.
Knox and Laurel Circuit Court Rule 10, KY R KNOX CIR CT Rule 10
Current with amendments received through April 15, 2022. Some rules may be more current, see credits for details.
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