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Rule 5 Motion Days and Motions

Baldwin's Kentucky Revised Statutes Annotated2nd Judicial Circuit - Mccracken Circuit Court

Baldwin's Kentucky Revised Statutes Annotated
2nd Judicial Circuit - Mccracken Circuit Court
KY RMCC Rule 5
Rule 5 Motion Days and Motions
(The following applies to all motions in either civil or criminal matters, except those permitted by law to be heard ex parte.)
A. Motion days in Division I shall be held on the first and third Fridays of each month at 9:30 a.m. o'clock, local time.
B. Motion days in Division II shall be held on the second and fourth Fridays of each month at 9:30 a.m. o'clock, local time.
C. The Clerk shall keep a motion docket for each Division in which there shall be docketed, in order, all motions filed with the Clerk no later than 4:30 p.m. Friday, preceding the next motion day. Any motions filed thereafter shall be docketed on the following motion day. On the call of the motion docket, the Court shall either rule on a motion, set it for a day to be heard, or continue it until the following motion day.
D. There shall be filed with each motion a brief statement of the grounds therefor, with citations of authorities relied upon, which may be set forth in the body of the motion if the pleader so desires. 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 no later than five days prior to the date set for the hearing of the motion unless a different time is fixed by the Court.
E. Notwithstanding the foregoing, in case of urgency, a motion, upon proper notice, may be noticed for hearing at other times. In this event, the attorney for the moving party should consult with the Judge to whom the case is assigned for a suitable time for the matter to be noticed.
F. In the event that a party is properly noticed for a motion, and is absent at the hearing of the motion without making proper arrangements for such absence the Court may rule on such motion, even in the absence of such party, although the Court may consider in lieu of such party's presence, a properly filed memorandum.
G. Except for motions for summary judgment, no motion shall be filed without the tender of a proposed order in conformity therewith, excluding such orders that require findings of fact and conclusions of law. Such orders shall be by separate styled instruments and not on the same page as the motion in sufficient number for all parties.

Credits

HISTORY: Amended effective May 8, 2000.
McCracken Circuit Court Rule 5, KY R MCCRACKEN 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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