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Local Rule 5 Motions

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

Baldwin's Kentucky Revised Statutes Annotated
5th Judicial Circuit - Crittenden, Union and Webster Circuit Courts
KY CUWC Rule 5
Local Rule 5 Motions
A. Service of written motions and notice thereof shall comply with the Kentucky Rules of Procedure and Kentucky Revised Statutes, specifically CR 5 and CR 6.05. Motions must be filed at least seven (7) days prior to the day it is to be heard with copies to the Court at her office at least five (5) days before hearing. Motions not complying with this requirement will be automatically passed to the next regular motion day and the clerk is hereby directed to docket same accordingly. Movant will be responsible for re-noticing said motions.
B. The clerk shall keep a motion docket for only those motions to be heard on regular motion days. This 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.
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, which date shall not be later than the next regular motion day at which the motion could be heard. Any motion notice which fails to include the date of hearing shall be treated as if no motion had been filed.
D. Motions may be made under CR 78(2) and shall direct the opposing attorney's attention to the fact that under this rule the motion may be granted routinely by the Court ten (10) days after filing unless an objection is received or a response filed. An appropriate order shall be submitted with the motion. (This does not apply to motions for summary judgment--see Local Rule 15 or Default Judgments referred to in Local Rule 7.) If a party opposing the motion desires oral hearing, he shall so state, and proceed to notice the motion for the following motion day.
E. All motions to compel discovery compliance 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 a hearing. The Court may, in its discretion, allow attorneys fees and impose appropriate sanctions against counsel who fail to reasonably comply with discovery requests.
F. All motions, proposed orders or other pleadings which do not contain the correct style and case or indictment number will not be filed but returned to the Movant.
G. Personal communications between counsel, parties or any other persons shall not be filed of record except upon motion and court order permitting the same. Nothing shall be filed of record unless submitted for filing by an attorney of record in the case in which the filing is requested, or by a party of record who is acting pro se. Any question concerning the propriety of filing of any item shall be brought to the Court's attention immediately by the clerk or an attorney of record, or party of record acting pro-se.

Credits

HISTORY: Amended effective March 26, 2014. Prior amendments effective July 8, 2008; December 2, 2009.
Crittenden, Union and Webster Circuit Court Rule 5, KY R CRITTENDEN 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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