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Rule 4 Civil practice

Baldwin's Kentucky Revised Statutes Annotated22nd Judicial District - Fayette District Court

Baldwin's Kentucky Revised Statutes Annotated
22nd Judicial District - Fayette District Court
KY RFDC Rule 4
Rule 4 Civil practice
A. Copies of Complaint. When a civil complaint is filed, a legible copy thereof, including the names of the attorney and true copies of all affidavits, pleadings and exhibits, shall be left with the Clerk for each defendant, not to exceed eight (8) copies. The Clerk shall endorse the copies with the filing date and file number and shall note the filing on the Civil docket. Failure to furnish such copies shall be cause for the Court to extend the time to plead, or the Court may proceed under RFDC 7C, if applicable.
B. Entitlement to Jury Trial. A party shall be entitled to a jury trial in civil cases in the District Court only if the amount in controversy exceeds $250.00.
C. Motion for Trial Date. Motions for trial dates shall be made as any other motion. A party desiring a jury trial in a civil action shall so specify when filing a Motion for Trial Date, and proceed in accordance with these rules and CR 38.02. The Court may, in its discretion, assign any such case for a pre-trial conference, or make such orders as it deems appropriate. No motion for jury trial date shall be filed unless the moving party shall have first paid to the Clerk any applicable jury fees or costs. A person making a request for a jury trial shall pay the Clerk a fee of $15.00 at the time the trial is requested. The jury fee is refundable only if the jury trial is not held and the Clerk receives at least 48 hours notice before any scheduled trial. In all civil jury trial cases, the jury fee shall be taxed as a cost against the unsuccessful party if the jury trial takes place. The Judge to whom a particular case is assigned may elect to order a jury trial in any case not meeting the jurisdictional requirements set out herein on the Judge's own motion or for good cause shown.
D. Pre-trial Conferences. In the discretion of the presiding Judge, civil cases may be assigned for a pre-trial conference. All attorneys attending a pre-trial conference shall be familiar with the case and shall be prepared and authorized to make such arguments, stipulations and decisions as may be required during the conference.
(1) Before the pre-trial conference, except for good cause shown, the parties shall comply fully with the following:
(a) Complete pleadings and establish and confirm triable issues.
(b) Complete discovery proceeding.
(c) Submit, at or before the pre-trial conference, such instructions as they expect to offer on the trial to conform to the proof or in the interest of justice. Such submission shall be without prejudice to the right of a party to present further instructions as may be indicated by subsequent proceedings.
(d) Be prepared to stipulate certain facts as to admissibility of certain documents and other evidence, or withdraw certain allegations or defenses appearing in the pleadings whenever possible and if same can be done without prejudice to the presentation of the case by either party.
(2) At the pre-trial conference, the Court may, in its discretion, assign an action for trial on a date certain, either before the Court or before a jury, as applicable. The Court may decline to assign a case for trial if the parties have not complied with these rules.
(3) Following the pre-trial conference, a pre-trial order shall be entered as directed by the Court. The attorneys shall prepare the pre-trial order in accordance with the instructions of the Court at the conference.
E. Motion for Default Judgment.
(1) A motion for default judgment in a civil case shall be filed as any other motion. Notice to a party in default is not required, except as provided in CR 55.01. The motion shall be deemed submitted on the record, and the moving party shall not be required to appear for the call of the docket. The moving party shall tender, prior to the call of the docket, a proposed Default Judgment for the Court's consideration.
(2) At the call of the motion for default judgment, if a party appears in opposition, the Court shall schedule a hearing on the contested motion at a date and time convenient to the Court. The Clerk shall then attempt to notify the moving attorney that the motion is contested, and that a hearing has been scheduled.
(3) The Court reserves the right to reject a proposed Default Judgment tendered in accordance with this Rule for any reason deemed appropriate, and shall designate same on the docket. The moving attorney shall have the responsibility to check with the Clerk to determine what action the Court has taken after reviewing the record.
F. Dismissal for Failure to Prosecute. When any civil action has remained on the Civil Docket for one (1) year without any step being taken indicating an intention to prosecute said action, the action may be dismissed for want of prosecution on motion of either party, or on the Court's own motion.

Credits

HISTORY: Amended effective January 7, 2005; approved January 7, 1999.
Fayette District Court Rule 4, KY R FAYETTE DIST CT Rule 4
Current with amendments received through November 15, 2023. Some rules may be more current, see credits for details.
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