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Rule 7 General civil

Baldwin's Kentucky Revised Statutes Annotated29th Judicial Circuit - Adair and Casey Circuit Courts

Baldwin's Kentucky Revised Statutes Annotated
29th Judicial Circuit - Adair and Casey Circuit Courts
KY RACC Rule 7
Rule 7 General civil
7.1 Pre-trial Conference
A party may move for a pre-trial conference at the time a case is set for trial or at any time from the setting of the trial date until thirty (30) days from the date of trial by an appropriate motion. A final pre-trial conference will be set the last rule day prior to trial.
7.2 Pre-trial Statements
a. Provisions: Pre-trial compliance statements shall be filed by all parties thirty (30) days before the trial date. All exhibits which may be used at trial shall be listed and copies, if feasible, shall be attached to the pre-trial statement. All exhibits which cannot be attached to the pre-trial statement shall be made available for inspection by opposing counsel at a convenient location designated in the pre-trial statement. All witnesses and expert witnesses who may testify at trial shall be listed, along with their addresses and telephone numbers. Also, as to each expert witness who has not been deposed, the pre-trial statement shall state the subject matter on which the expert is expected to testify and shall state the substance of the facts and opinions to which the expert is expected to testify and a summary of the grounds for each opinion. Jury Instructions shall be provided to the court and the opposing counsel at this time pre-trial compliance statements are distributed.
b. Sanctions: Failure to file the pre-trial statement timely may result in the Court denying the use of any witness at trial other than the parties.
7.3 Trials
All trials start promptly at 9:00 a.m. local prevailing time. Counsel and parties shall be present by 8:30 a.m. local prevailing time.
7.4 Settled Cases
When any action which is set for trial is settled, the parties shall immediately notify the office of the Circuit Clerk and the Court of this fact. Failure to give prompt notice may be grounds for assessing any cost of jury usage against one or more of the parties or their counsel.
7.5 Filing of Interrogatories and Request for Admissions
Notice of propounded interrogatories to opposing parties and request for admissions and notice of responses thereto, shall be filed of record in the office of the circuit clerk.
7.6 Motions Relating to Discovery
a. Motions to Comply or Compel. The parties and their attorneys have a duty to make a good faith effort to resolve, by agreement among them, any disputes that arise in the course of discovery.
b. No motions pertaining to discovery shall be filed or heard unless there is appended to or included in such motion a certificate of counsel that he or she conferred with opposing counsel, that the parties are unable to reconcile their differences on the matter, and that all extrajudicial means have been exhausted in an effort to reconcile their differences.
c. To the extent that extrajudicial means have not disposed of the matter, the party seeking discovery may then file a motion to obtain relief, to be heard on the Court's motion hour docket. The motion may be accompanied by supporting argument or explanation, with citation to legal authority if desired. The motion must include either a copy of or a reference to the discovery request in dispute.
d. Sanctions. The Court considers willful, deceptive, deliberate, or protracted noncompliance with discovery to be a serious matter and will not hesitate to sanction parties and/or attorneys when appropriate. Sanctions will include remedies as outlined in the Kentucky Rules of Civil Procedure and as deemed suitable by the Kentucky Court of Justice in order to effectuate a just resolution.

Credits

HISTORY: Amended effective April 10, 2014. Prior amendments effective January 27, 2004.
Adair and Casey Circuit Court Rule 7, KY R ADAIR CASEY CIR 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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