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Rule 7 Motion practice--all divisions

Baldwin's Kentucky Revised Statutes Annotated3rd Judicial District - Christian District Court

Baldwin's Kentucky Revised Statutes Annotated
3rd Judicial District - Christian District Court
KY RCCDC Rule 7
Rule 7 Motion practice--all divisions
7.01. Direct Submissions. Any motion accompanied by an “Agreed Order”, any motion for a default judgment. Informal Final Settlement, or any motion filed pursuant to Civil Rule 78(2) may be filed with the Clerk and sent directly to the presiding Judge by the Clerk for review/submission. All other motions must be noticed for a hearing at Motion Hour pursuant to the type of case to be heard.
7.02. 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.
7.03. Subject Matter. Each motion shall state therein, in general terms, the subject matter of the motion and the action of the Court requested by the movant.
7.04. 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.
7.05. 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 15 minutes or requiring witness testimony may be assigned for hearing at a specific time.
7.06. Incorrect ease 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 KYCourts.”) It is not the responsibility nor authority of the Clerk/deputy clerk to correct any errors in case numbers or ease names on motions filed by attorneys.
7.07. Fax transmissions. Fax transmissions are not acceptable as court filings. All motions must be filed by hard copy with original signatures to the Clerk in order 10 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 week continuance of arraignment, notice of eviction settlement.). Simple requests by Defendants to re-docket a ease may be faxed or electronically transmitted to the Clerk's office. This rule does not preclude any electronic filing available to our statewide Kentucky Court.
7.08. 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. 1-21-20
Christian District Court Rule 7, KY R CHRISTIAN DIST CT Rule 7
Current with amendments received through November 15, 2023. Some rules may be more current, see credits for details.
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