(1) Deadline for filing motions.

The Clerk in each county shall keep a motion docket in which there shall be docketed all motions filed with that Clerk, not later than 4:00 p.m. at least seven (7) calendar days before the scheduled Motion Day. (For example, a motion in Lyon County must be filed by 4:00 p.m. on the Monday immediately before the first Monday of the month, the regularly scheduled Motion Day.) Except in extraordinary circumstances and by prior approval of the Court, motions filed within seven (7) calendar days before a scheduled Motion Day shall be heard on the next month's Motion Day and the Clerk shall place it on the next month's Motion Day docket, and counsel will be so informed by the Clerk.

(2) Motion Service.

Each motion shall be served on opposing counsel and party not represented by counsel and entitled to notice. “Service” shall be by the methods defined in CR 5.02.

(3) No Testimony Heard.

Ordinarily, other than uncontested dissolution cases which are held at the end of the regular civil docket or summary “show cause” testimony, no testimony will be heard on Motion Day. Any civil hearing requiring the taking of testimony should be scheduled with the Court for a separate date (and the scheduling may be done on Motion Day).

(4) Brief Statement of Motion.

There shall be filed with each motion a brief statement of the grounds for it, with citations of authorities relied upon, which may be set forth in the body of the motion or separate memorandum. If a party desires to respond, or if the Court orders a response, the response to any motion shall be in similar form and shall be filed with the Clerk at least two (2) days prior to the scheduled hearing date and properly served upon opposing counsel, or party not represented by counsel and entitled to notice.

(5) Tendered Order.

Every motion or supporting memorandum or memorandum in opposition thereto shall be accompanied by a tendered separate proposed order granting the requested relief or denying the motion, as the case may be.

(6) Attorney Absence.

In the event that a motion is properly noticed and an attorney is absent at the time scheduled for the hearing on the motion, without giving appropriate notice to opposing counsel or the Court of such absence, the Court may rule on the motion even in the absence of such attorney and may consider the attorney's absence as a concession to the other party's position and an order may be entered against the non-appearing attorney's position. However, the Court will consider a properly filed response, memorandum, or affidavit in lieu of an attorney's presence.

(7) Continued Motions.

An attorney who will be unable to be present at the time set for a motion shall immediately contact the moving attorney and attempt to establish a mutually agreeable date and time for the hearing of the motion. Should this prove unsuccessful, an attorney or self-represented party desiring the continuance shall immediately file a motion for a continuance in writing, stating the reasons for the continuance, and shall serve a copy upon the opposing counsel. If no hearing can be scheduled prior to the date the motion was originally set for hearing, the motion will be automatically continued until an agreed hearing date is scheduled or until the next regularly scheduled motion hour, whichever occurs first.

(8) Telephonic Attendance.

Motions not requiring proof may be scheduled for telephonic hearing when authorized by the Court and agreement of the parties.

(9) Motions for Default Judgment.

Motions for Default Judgment for failure of a party to appear need not be noticed for a specific hearing date and the moving attorney need not appear in person. Should the Court determine that a hearing is helpful or necessary under CR 55.01, a hearing date will be assigned. All motions for Default Judgment shall comply with CR 55.01 and shall be accompanied by an appropriate certificate or verification that no papers have been served on Plaintiff’s counsel by the Defendant in default; the date of service and type of service upon the Defendant(s); the balance due on the obligation; and a statement that to counsel's knowledge, no defaulting Defendant is currently a member of the Armed Services or under any legal disability. In addition, the moving attorney will ask the Circuit Clerk to forward the file to the Court for review and action.

(10) Motions Under CR 78(2).

A movant may bring a motion under the provisions of CR 78(2) which provides for the determination of motions without oral hearings upon brief written statements of reasons in support and opposition. The movant, in the Notice, Certificate of Service, or elsewhere in the motion, shall state that the motion is made under CR 78(2) and shall direct the opposing attorney's attention to the fact that under this local rule, the motion may be granted routinely by the Court ten (10) days after filing, unless an objection is received or a response filed. Should the party opposing the motion filed under this Rule wish to have an oral hearing on the question, that party may so state in their response and shall proceed to set the motion for a Motion Day at a given time or at such other time as may be scheduled with the Court and opposing attorneys.

Motions, other than for Default Judgments, shall be filed under CR 78(2) or specifically noticed for a scheduled Motion Day or arranged date. Motions which are not in compliance with one of these provisions may be considered defective and void.

A motion to set a case for trial shall not be brought under CR 78(2).

Time is computed pursuant to CR 6.01 with an additional 3 days added when service is by mail, pursuant to CR 6.05.

(11) Post-Judgment Motions.

(12) Motion to Withdraw From Representation.

A motion to withdraw as attorney shall be served on the client, in addition to any other required service. In the order accompanying the motion, counsel should also include a paragraph that the circuit clerk need not send the withdrawing attorney a copy of any additional filings after entry of the order of withdrawal. In withdrawing from representation of a client, counsel shall comply with SCR 3.130-1.16(KRPC 1.16) on Declining or Terminating Representation. A lawyer has not withdrawn from representing a client until an Order authorizing withdrawal has been signed and entered. Even after a matter has been concluded (such as a dissolution of marriage) best practice is for an attorney to file a Motion to Withdraw with Notice to the client and a tendered Order.