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Rule 2 Court scheduling/motion hour/procedures for filing

Baldwin's Kentucky Revised Statutes Annotated5th Judicial Circuit - Crittenden, Union and Webster Family Courts

Baldwin's Kentucky Revised Statutes Annotated
5th Judicial Circuit - Crittenden, Union and Webster Family Courts
KY CUWF Rule 2
Rule 2 Court scheduling/motion hour/procedures for filing
Currentness
201 Court Schedules. The following is a general schedule for matters routinely before the 5th Circuit Family Court. This schedule is subject to review and revision and may be modified by the Judge to accommodate holidays, weather conditions, circumstances of the parties, or other schedules, as the Judge deems necessary to efficiently and effectively accomplish the business of the Court.
201(A) Webster Family Court
(1) All motions filed in Webster Family Court in cases assigned with a “CI” case number or filed in paternity proceedings, for which the motion relates to the establishment, enforcement or collection of child support shall be heard on the first and third Monday of each month.
(2) All motions filed in Webster Family Court in cases assigned with a “CI” case number or filed in paternity proceedings, for which the motion does not relate to the establishment, enforcement or collection of child support shall be heard on the second and fourth Monday of each month.
(3) Motions in Dependency, Neglect and Abuse, Status Offenses and Domestic Violence and Interpersonal Protective Order actions, shall be noticed for and heard on the first, second, third or fourth Monday of each month.
(4) Emergency Dependency, Neglect and Abuse, and status cases may be heard on any day of the week as ordered by the Court.
(5) There will be no regularly scheduled motions to be heard on the fifth (5th) Monday of each month.
201(B) Union Family Court
(1) All motions filed in Union Family Court in cases assigned with a “CI” case number or filed in paternity proceedings, for which the motion relates to the establishment, enforcement or collection of child support shall be heard on the first and third Wednesday of each month.
(2) All motions filed in Union Family Court in cases assigned with a “CI” case number or filed in paternity proceedings, for which the motion does not relate to the establishment, enforcement or collection of child support shall be heard on the second and fourth Wednesday of each month.
(3) Motions in Dependency, Neglect and Abuse, Status Offenses and Domestic Violence and Interpersonal Protective Order actions, shall be noticed for and heard on the first, second, third or fourth Wednesday of each month.
(4) Emergency Dependency, Neglect and Abuse, and status cases may be heard on any day of the week as ordered by the Court.
(5) There will be no regularly scheduled motions to be heard on the fifth (5th) Wednesday of each month.
201(C) Crittenden Family Court
(1) All motions filed in Crittenden Family Court in cases assigned with a “CI” case number, or filed in paternity proceedings, including those motion that relate to the establishment, enforcement or collection of child support, will be heard on the second and fourth Tuesday of each month.
(2) Motions in Dependency, Neglect and Abuse, Status Offenses and Domestic Violence and Interpersonal Protective Order actions, shall be noticed for and heard on the first, second, third or fourth Tuesday of each month.
(3) Emergency Dependency, Neglect and Abuse, and status cases may be heard on any day of the week as ordered by the Court.
(4) There will be no regularly scheduled motions to be heard on the fifth (5th) Tuesday of each month.
202 Exceptions to Regular Motion Hour Schedule
A. There will be no Motion Hour during the week of the Judicial College or through period of December 24th through January 1st each year. No Motion shall be noticed to be heard on a state holiday.
B. If the court is closed for any unforeseen reason, i.e., inclement weather, the Motion must be re-noticed by the party filing the Motion to be heard on a regular scheduled Motion Hour.
C. Any Motion expected to require a lengthy hearing, i.e., more than 15 minutes, may be assigned for a hearing at a specific time other than the regular scheduled Motion Day by the Office of the Family Court.
D. For good cause shown, a Motion may be heard by telephonic conference at the discretion of the Judge. Dates and times for telephonic conference may be obtained through the Judge's Assistant at the Office of the Family Court.
203 Filing, Notice, and Service of Motions
A. Except for good cause shown, as permitted by FCRPP or Statute, or waiver of notice requirements, all motions shall be filed at least seven (7) days prior to the scheduled hearing date. Any motion filed less than seven (7) days in advance may be denied as procedurally deficient or continued to a date more than seven days after the filing of the motion. Responses, if any, shall be filed and served at least two (2) days prior to the hearing date. Service of the motion shall occur at least three (3) business days prior to the hearing date. These time limits may be waived by the court on a showing of good cause or in the interest of justice.
B. Each motion and notice shall contain a certificate of service setting forth the party or attorney to whom the photocopy was delivered, the method(s) of delivery, and the date that the photocopy was delivered or transmitted. Photocopies of motions and/or notices shall be mailed, hand-delivered, faxed, or delivered in a manner otherwise approved by the Courts, to opposing parties or counsel on the same date the motion or notice is filed. Courtesy copies of all motions shall be emailed to the Judge, or mailed to:
Hon. Brandi Rogers
5th Circuit Court Judge
Family Court Division
P.O. Box 417
Marion, KY 42064
C. All motions, except those included in an answer, when served on the adverse party, shall contain a date on which said motion shall be heard. Any motion which fails to include the date of the hearing shall be treated as if no motion has been filed.
D. All pleadings, motions, and documentation (except items of evidence) shall be typewritten. Motions may be filed by facsimile in the appropriate Clerk's office within the time limits provided for in these rules but a hard copy of the motion shall be subsequently filed of record. All pleadings shall contain the correct mailing address, email address, and telephone number of the party or attorney filing the pleading.
E. Motions for post judgment relief shall be served on the opposing party as well as any attorney of record. It is the responsibility of the parties to keep the Court apprised of any address changes.
F. Motions to compel discovery shall contain a certificate, by counsel, that she or he has conferred or corresponded with opposing counsel and that they are unable to reconcile their differences without hearing. The Court considers willful, deceptive, deliberate, or protracted noncompliance with discovery to be a serious matter. The court may, at its discretion, allow attorneys' fees and impose appropriate sanctions against counsel who fails to reasonably comply with discovery requests as outlined in the Kentucky Rules of Civil Procedure.
G. The Clerk shall keep a motion docket for those motions to be heard on regular motion days. The motion docket will be called on motion day. The Court, in its discretion, may hear and determine any motion or other matter before it at any time in accordance with the rules of civil procedure.
204 Motions Routinely Granted. Motions may be made under CR 78(2) which makes provision for the determination of motions without oral hearing upon a brief written statement of reasons in support and opposition. Movant shall state that the motion is made under CR 78(2) and this local rule. The notice shall specify that the motion may be routinely granted without hearing by the court, upon the expiration of ten (10) calendar days if no response is filed. The notice may take substantially the following form:
This motion is submitted to the Court for decision pursuant to CR 78 and Local Rule 204. This motion may be routinely granted by the Court ten (10) calendar days from the date of filing, without a hearing on the motion, unless a response or objection is filed. If the opposing party wishes to have this matter heard in open Court, s/he must so state in the response, and shall set the matter for determination on a regular motion hour docket, with appropriate notice to all parties and the Court.
If a party opposing the motion desires oral hearing, they shall so state, and proceed to notice the motion for the following motion day. Movants under CR 78(2) shall file an appropriate tendered order of relief with the Court. The Court reserves the right to alter or amend the tendered order to conform to its opinion as to the appropriate remedy of the Court.
205 Continuance of Motions. An attorney or pro se party who will be unable to be present at the time scheduled in the motion shall immediately notify the moving attorney or pro se party and attempt to establish a mutually agreeable time for hearing the motion. If unsuccessful, the party seeking continuance shall immediately file a motion for continuance in writing, state the reasons for the continuance, and shall send a copy directly to the attention of the Family Court, as well as filing the motion with the Clerk. Any motion for continuance in a dependency, neglect or abuse matter shall comply with the requirements of FCRPP 23. The Court shall have discretion to allocate costs by reason of a continuance upon a showing of good cause. The Court has final discretion in the granting or denying of any continuance and may require the hearing to proceed even if the parties agree to the continuance.
206 Entry of Orders and Judgments. The Court may direct an attorney or pro se party to prepare an order reflecting the findings of the Court, or take the matter under submission for preparation of an order by the Court. Any order prepared by an attorney or pro se party shall contain a signature as “Tendered By” or “Prepared By,” and be submitted to the opposing attorney or pro se party for signature as “Have Seen.” By signing the tendered order as such, neither the attorney nor a pro se party is waiving any objection to the content of the order, but is only agreeing that the order reflects the findings of the Court. All orders shall be prepared as separate instruments.
If the responding attorney or pro se party fails to sign the order, the submitting attorney or pro se party may file the order with the clerk with the notice of same. Within three (3) days after filing of the order with the clerk, the opposing attorney pro se party may file any objections to the order, specifying the reasons therefore or submit an alternative order for consideration by the Court, after which time the matter shall stand submitted to the Court.
Any orders of the Court on the Court's calendar shall have full force and effect of law. Orders which are electronically signed, faxed, scanned, emailed as a scanned document or otherwise personally authorized by the Court are enforceable orders. The time frames for filing Notices of Appeal or any motions to reconsider shall be from the date of the entry of the original order with the Circuit Court Clerk.

Credits

HISTORY: Amended eff. 4-6-16. Prior amendments eff. 5-5-12. Adopted eff. 2-3-04.
Crittenden, Union and Webster Family Court Rule 2, KY R CRITTENDEN FAM CT Rule 2
Current with amendments received through November 15, 2023. Some rules may be more current, see credits for details.
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