Rule 5 Motions under CR 78(2)
Baldwin's Kentucky Revised Statutes Annotated3rd Judicial Circuit - Christian Circuit Court
KY RCCC Rule 5
Rule 5 Motions under CR 78(2)
A movant may bring his or her motion under CR 78(2), which makes provisions for the determination of motions without oral hearings upon brief written statements of reasons in support and opposition. A proposed order shall accompany the motion.
The movant shall give notice that the motion is made under CR 78(2) and shall direct the attention of the opposing attorney (or party if there is no attorney) to the fact that under this local rule, the motion may be granted routinely by the Court ten days after filing unless a response is filed. The notice shall be substantially in the following form:
The foregoing motion is submitted to the Court for decision pursuant to CR 78(2). This motion will routinely be granted by the Court in ten days unless a response is filed. Should the party opposing the motion under Rule CR 78(2) wish to have an oral hearing on the question, he or she may in the response so state. After checking with the Clerk's office, as outlined above, that party shall proceed to set the motion for a Motion Day at a given time.
Motions should be filed under either CR 78(2) or noticed as set out above at RCCC 3. Motions which are not filed under one or the other of these provisions may be considered defective or nugatory and void.
A Motion to set a case for trial shall not be brought under CR 78(2).
Credits
HISTORY: Amended effective August 28, 2015. Prior amendments effective November 10, 1998; April 20, 2007.
Christian Circuit Court Rule 5, KY R CHRISTIAN CIR 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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