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Rule HCPR-165 Procedure for rules for contempt or show cause hearings

Baldwin's Kentucky Revised Statutes Annotated26th Judicial Circuit - Harlan Circuit Court

Baldwin's Kentucky Revised Statutes Annotated
26th Judicial Circuit - Harlan Circuit Court
KY RHCC Rule HCPR-165
Rule HCPR-165 Procedure for rules for contempt or show cause hearings
The proper procedure for obtaining a rule for contempt or an order directing or ordering a show cause hearing (except in those matters where the Court acts sua sponte) is as follows: (a) a Motion should be filed requesting the rule or an order directing a show cause hearing and the appearance of the alleged offender, and said motion (unless the Court's own motion) should be supported by a duly executed affidavit, containing more than conclusory allegations, showing that the movant is entitled to the rule or show cause order; (b) when a proper motion and affidavit is filed, a rule or show cause order may be issued ex parte (upon the showing of good cause justifying ex parte issued); (c) said rule or show cause order shall not come on for hearing any sooner than five days from the date the rule or show cause order is served, unless otherwise ordered and no rule shall come on for hearing unless the same has been served on the person alleged to be in contempt by an officer authorized, by law, to serve a summons. The rule or show cause order shall be served together with a copy of the motion and affidavit (if applicable) which initiated said rule or order (if said rule or order was issued ex parte) and shall contain a short statement of the grounds for its issuance.

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HISTORY: Amended effective September 7, 2010; prior amendments effective September 30, 2009; March 6, 2007.
Harlan Circuit Court Rule HCPR-165, KY R HARLAN CIR CT Rule HCPR-165
Current with amendments received through November 15, 2023. Some rules may be more current, see credits for details.
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