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General Rules of Procedure

Baldwin's Kentucky Revised Statutes Annotated15th Judicial District - Carroll, Grant and Owen District Courts

Baldwin's Kentucky Revised Statutes Annotated
15th Judicial District - Carroll, Grant and Owen District Courts
KY CGOD Gen. Rules
General Rules of Procedure
Currentness
STYLE OF PLEADINGS:
1. All civil complaints and subsequent pleadings that add additional parties shall contain the name and address of all parties first named to the action.
2. All pleadings and legal papers, except the complaint, shall set forth the case number of the action the pleading or legal paper is being filed in. If any legal paper is filed in more than one action, it shall contain all the case numbers it is to be filed in at the time it is filed with the Clerk's Office and a copy shall be furnished for each case.
MOTIONS:
1. Motions shall be heard on the days and at the times set forth on the Court calendars which shall be promulgated from time to time and in accordance with the normal court schedules. Motions submitted and filed without a set time and date for hearing shall not be considered.
2. Motions involving an emergency, which may cause irreparable harm or injury to persons or property by delay in waiting until the next scheduled motion date, may be heard when the Court's schedule permits and with prior oral approval of the Court. In such instances the Court will make a decision as to whether or not the issue constitutes an emergency.
3. To facilitate the preparation of the motion docket, all motions shall be filed and served not later than 72 hours prior to the schedule hearing on the motion, excluding Saturdays, Sundays and holidays, if service is made in person. If copies to opposing counsel are served by mail, said motion must be filed not later than seven (7) days prior to the day of said hearing on the motion. Copies of motions shall be served on the Court, except for matters which will not be contested. (For example, if the Motion is simply to set a matter for trial, there is no need to serve a copy on the Court).
4. All motions shall be separately paragraphed and separately numbered.
5. Each motion shall set forth the basis for the motion specified in either the body of the motion or by an attached affidavit.
EX PARTE COMMUNICATION:
There shall be no ex-parte communications with the Court except as is expressly permitted by the published rules of the Court of Justice of the Commonwealth of Kentucky.
APPEARANCES, SUBSTITUTIONS, STIPULATIONS:
Whenever a party has appeared by attorney he or she may not thereafter appear or act on his own behalf in the action, or take any step therein, unless an order of substitution shall first have been made by the court after reasonable notice to the attorney by such party, and to any opposite party; provided that the court may in its discretion hear a party in open court, notwithstanding the fact that he has appeared or is represented by an attorney.
CONTINUANCES:
All cases set for trial or pre-trial conference shall be heard at the time and on the date set unless by direction or order of the Court, on good cause shown, same are properly continued pursuant to the Kentucky Rules of Civil or Criminal Procedure. In order for any party to obtain a continuance, good cause must be shown by affidavit of the party or parties or by the statements of counsel, supported by additional affidavits, if deemed necessary by the court.
ATTORNEYS:
1. All pleadings and papers requiring the signature of an attorney shall set forth on the last page thereof the typed name and complete address of counsel, including telephone number, fax number and e-mail address, if any.
2. All attorneys appearing in Court shall appear in proper attire. Any attorney appearing in inappropriate attire will be so advised, individually, and in private. All litigants and witnesses shall abide by the 15th Judicial Circuit dress code for court.
ARRAIGNMENTS AND PRE-TRIAL CONFERENCES:
A Defendant, or any attorney on behalf of a Defendant, shall appear in Court for the Defendant's arraignment. Once an appearance is made by either the Defendant, or the Defendant's attorney, it shall be the responsibility of the Defendant to remain apprised of all future court dates. Pre-Trial Conferences shall be assigned for a date approximately fourteen (14) days following the Defendant's arraignment, unless good cause is shown to expedite the matter. In the event the Defendant or Defendant's attorney fails to appear at a subsequent court date, a trial in absence may be held to resolve the case.
DUI SENTENCING:
Whenever a Defendant wishes to enter a plea of guilty to a charge of DUI, the Defendant and his attorney, if applicable, shall be responsible for bringing the appropriate Plea Agreement and DUI rights statement to the bench when the Defendant intends to enter the plea. These forms are available from the District Court Clerk. Defendants who are pleading guilty to a second or third offense DUI shall bring the license plates off all of their motor vehicles to the sentencing, proof that they have transferred the vehicle out of their name, or made an application for hardship exemption, whichever is applicable.
Carroll, Grant and Owen District Court Gen. Rules, KY R CARROLL GRANT OWEN DIST CT Gen. Rules
Current with amendments received through November 15, 2023. Some rules may be more current, see credits for details.
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