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CLR 38-2 Motion practice

Baldwin's Kentucky Revised Statutes Annotated38th Judicial Circuit - Butler, Edmonson, Hancock and Ohio Circuit Court

Baldwin's Kentucky Revised Statutes Annotated
38th Judicial Circuit - Butler, Edmonson, Hancock and Ohio Circuit Court
KY BEHO Rule CPR 38-2
CLR 38-2 Motion practice
(1) Motions involving an emergency, which could possibly cause irreparable harm or injury to persons or properly by delay in waiting until the next regularly scheduled motion day in the proper county, may be heard at a regularly scheduled motion day in one of the other counties of the Circuit with the Court's approval.
(2) Also, emergency type motions may be heard on a limited basis by the Court in chambers at other times when the Court's schedule permits and with prior oral approval of the Court. In such instances the Court will make the decision as to whether or not the issue constitutes an emergency.
(3) To facilitate the preparation of motion day dockets, all motions shall be filed, served and received in the Clerk's Office by the close of business on the third business day prior to motion day. The Circuit Clerk of each county is hereby ordered to omit from the docket all motions that are not filed in accordance with (his rule. (Saturday and Sunday are not considered business days for purposes of this rule.)
(4) The moving party shall file with the motion a proposed order to be entered and serve the order, together with the motion, on all other attorneys of record, or the parties if unrepresented, within a reasonable time, but generally, in hand service, within three (3) days.
(5) Motions by default may be brought before the Court at any time at the convenience and discretion of the Court.
(6) Motions which are noticed for a particular motion day, and upon which the movant's attorney does not appear to argue in support of said motion, shall be summarily overruled by the Court unless prior arrangements have been made. The exceptions for this rule are for agreed orders, default judgments, and orders as set out in paragraph (7) below.
(7) All motions that do not require a hearing may now be filed pursuant to CR 78(2). The notice of any motion filed under this rule shall state the following:
“This motion is filed pursuant to CR 78(2). In order to expedite the business of the court, the movant does not request an oral hearing on this motion. This motion has been served upon all parties, including the client. In order to allow time for written objections or requests for an evidentiary hearing to be filed in this matter, the Clerk shall place this motion on the next available motion day after ten (10) days from the dale of filing. Should no written objections be filed at that time, the Court may enter the attached tendered order.”
If written objections arc filed, the party(ies) filing said objection(s) shall send notice to all parties to appear before the Court at the next regularly scheduled motion day.
No order shall be entered without compliance to the above-referenced notice requirement.

Credits

HISTORY: Effective January 4, 1994. Amended effective July 6, 2015.
Butler, Edmonson, Hancock and Ohio Circuit Court Rule CPR 38-2, KY R BUTLER CIR CT Rule CPR 38-2
Current with amendments received through November 15, 2023. Some rules may be more current, see credits for details.
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