Rule 2 Court Scheduling / Motion Hour / Procedures for Filing
Baldwin's Kentucky Revised Statutes Annotated7th Judicial Circuit - Logan and Todd Circuit Court
KY RLTC Rule 2
Rule 2 Court Scheduling / Motion Hour / Procedures for Filing
201. RULE DAYS
In accordance with CR 78, regular motion days (known locally as “Rule Days”) shall be held in the Logan Circuit Court and in Todd Circuit Court following a written schedule set by court order and located in Appendix A of these local rules. Hearings on motions which exceed 15 minutes may be continued to a special date and time. Hearings are to be scheduled by telephone or in person through the office of the Judge. Counsel scheduling hearings on motions expected to exceed 15 minutes should notify the Court of this fact and request a special date and time for the motion.
Except in cases of default, or routine motions for approval of fees for appointed counsel such as Warning Order Attorney or Guardian Ad Litem fees, all other motions should be noticed for a specific date and time for hearing or filed under CR 78(2). Outside of these exceptions, motions which are neither scheduled for hearing on a specific date nor filed under CR 78(2) may be considered defective and void.
202. Counsel must confer with opposing counsel concerning the date and time (see Code of Professional Courtesy attached as Appendix D) and file written notice pursuant to the Civil Rules.
203. All notices of hearing are to be served on opposing counsel not less than five days before the hearing and all responses and replies thereto are to be filed and served on opposing counsel not less than two days prior to the date of the hearing. For good cause shown, the Court may grant relief from these notice requirements.
Motions concerning matters which counsel believes may not be contested may be made under CR 78(2) without oral hearings upon brief written statements of reasons in support and opposition.
204. MOTIONS UNDER CR 78(2)
The notice must state 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 CR 78(2) wish to have an oral hearing on the question, he may in his response so state and schedule a hearing on rule day as set forth above.
This rule is intended for motions routinely granted such as motions to amend a complaint or to bring in a 3rd party defendant. The following are examples of motions which should not be filed under CR 78(2): Motions concerning contested discovery matters; motions for contempt or requesting sanctions; motions to set a case for trial or to schedule hearings on specific dates; motions to schedule deadlines.
205. UNCONTESTED MATTERS such as agreed orders and motions for default judgment may be tendered to the Circuit Clerk for submission to the Court without notice or hearing.
Counsel should not tender matters as uncontested without first confirming that all requirements of the law and of these rules have been met. Counsel tendering uncontested divorce decrees shall comply with the requirements of FCRPP 3(1) and should confirm that the parties have attended the Parent Education Clinic if ordered to attend, that jurisdictional and separation requirements (60 days pursuant to KRS 403.170) have been met, and that the file contains the vital statistics form required by KRS 213.116(4). In the event an uncontested matter needs immediate attention, counsel should deliver the material directly to the Circuit Judge and request immediate action.
If the Court declines to take action on a tendered document, it may give written notice of the reason(s) to be mailed by the clerk to the counsel involved. The document should not be retendered to the Judge until each of the deficiencies listed in the Notice Of Inaction has been addressed.
206. DEFAULT JUDGMENTS. Motions for Default Judgment must be in compliance with FCRPP 3(2), if applicable, and accompanied by a certification that to the best of the counsel's knowledge the defendant is not in the military service of the United States. This is in addition to the certification requirements of CR 55.01.
Default Judgments will not be entered where the record indicates that the alleged default is based upon a “summons” containing language suggesting that it was issued by a debt collector or is itself an effort to collect a debt.1 A tendered judgment will likewise not be entered where it contains such language.
207. EX PARTE MOTIONS. No motion for emergency or ex parte relief shall be filed with the Circuit Clerk unless a proper motion with a tendered order has been first presented directly and personally (telephone and/or facsimile communications are acceptable) to a judge by the attorney for the movant. The civil rules specify alternate judicial officers to whom the order shall be submitted if the Circuit Judge is not present in the county.
The civil rules pertaining to such matter (CR 65.01 through CR 65.05) require 1: bond with surety, 2: affidavit or sworn complaint stating that the applicant's rights are being or will be violated by the adverse party and the applicant will suffer immediate and irreparable injury, loss or damage before the adverse party or his attorney can be heard in opposition, 3: certification by the applicant's attorney concerning the efforts, if any, which have been made to give notice and the reason supporting claims that notice should not be required.
Every tendered ex parte order shall contain blanks for the date and hour of issuance and shall define the injury and state why it is irreparable and why the order was granted without notice. Tendered ex parte orders for injunctive relief shall additionally contain proposed findings of fact and conclusions of law.
Credits
HISTORY: Adopted May 24, 2012. Prior amendments effective April 30, 2002.
Footnotes
Summons are required to be issued by the Clerk “in the name of the Commonwealth.” CR 4.02. The law does not authorize summons to be issued by debt collectors, and debtors receiving a document purporting to be from one might legitimately believe that it presents no obligation to respond. If the debtor believes the document is issued by the Court, then this language presents other problems. Courts are supposed to be impartial. Placement of the “debt collector” language on summons issued by the Court suggests that the courts are engaged in a pro-active effort on behalf of debt collectors. Debtors should not be misled into believing that courts are debt collectors or are engaged in any effort on their behalf. Federal law does not require that the debt collector language be placed upon documents issuing from the Court. Placement of such language upon these documents is incorrect, potentially misleading to litigants and impugns the impartiality of the court.
Logan and Todd Circuit Court Rule 2, KY R LOGAN TODD CIR 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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