Written motions, other than those that may be heard ex parte, and notice of the hearing thereof, shall be served and filed with the Clerk of the Criminal or Civil Division before 4:00 P.M. the Wednesday preceding the Motion Day designated in the notice.

The Clerk shall keep a Motion Docket on which he or she will docket all motions assigned for hearing on each Motion Day, either by Court order or by notice duly served. However, no motion or action shall be heard on Motion day unless the motion is filed with the Clerk before 4:00 P.M. on Wednesday preceding the Motion Day designated on the notice, except by leave of Court.

Every motion, other than those which may be heard ex parte, shall appear upon the motion docket. At the time notice of the motion is served on the adverse party, a copy of the notice and motion shall also be furnished to the Judge of the Court at his/her office at Madisonville, Kentucky, and failure to so furnish such a copy shall be cause for the Court to delay hearing of said motion until the next motion day, if the Court so desires.

An Order continuing the hearing of a motion to a later date shall be prepared, where appropriate, by the movant and filed with the Clerk after execution by the Judge, so that the motion may be docketed for the date to which continued.

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.

All motions, except those included in the Answer, and all exceptions or objections taken to any commissioner's report or opinion, when served on the adverse party, shall be accompanied by a notice setting a certain date on which said motion shall be heard. Any such motion or exception or objection not accompanied by a notice of the date for the hearing of said motion may be treated as if no motion had been filed.

A movant at his or her option may bring his/her motion under the provisions of CR 78(2) which, it will be recalled, makes provisions for determination of motions without oral hearings upon brief written statements of reasons in support and opposition.

The movant in his or her 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 days after filing unless an objection is received or a response is filed.

Should the party opposing the motion under Rule CR 78(2) wish to have an oral hearing on the question he or she may file in his or her response so state, and shall proceed to have the motion set on the motion docket pursuant to Rule C(2).

(Comment: It is believed that this Rule will simplify things for attorneys who are making fairly routine motions, such as to amend a complaint or to bring in a third party defendant, which motions are usually routinely granted. If the opposing party has any statement to make in opposition to the motion he or she has the choice of simply filing a written response, and the court will then decide the question under Rule 78(2), or the attorney opposing the motion may file a response and set an oral hearing, all as provided earlier in these rules.)