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Rule 206 Motion practice

Baldwin's Kentucky Revised Statutes Annotated44th Judicial Circuit - Bell Circuit Court

Baldwin's Kentucky Revised Statutes Annotated
44th Judicial Circuit - Bell Circuit Court
Section I: General Rules
Rule 2. Court Scheduling; Motion Practice; Procedures for Filing
KY RBLC Rule 206
Rule 206 Motion practice
Currentness
1. Timing of Filing and Service of Motions. (a) Unless otherwise agreed upon by the parties, and except as otherwise provided in these rules of practice and procedure, all motions shall be filed of record with the Bell Circuit Court Clerk, and served upon all other parties, no later than seven (7) calendar days before the date on which the motion is noticed to be heard.
(b) Unless otherwise agreed upon by the parties, (i) all motions filed of record in a civil action described in FCRPP 1(2), (ii) all motions to dismiss, (iii) all motions made pursuant to CR 12.02, and (iv) all motions going to the merits of the case, including but not limited to motions for judgment on the pleadings and motions for summary judgment, shall be filed of record with the Bell Circuit Court Clerk, and served upon all other parties, no later than ten (10) calendar days before the date on which the motion is noticed to be heard.
(c) If a movant fails to comply with the provisions of this paragraph, the motion may, in the discretion of the Court, be passed to the next appropriate motion day, or to a time agreed upon by the parties.
2. Manner of Filing and Service of Motions. (a) An original of all motions shall be filed of record with the Bell Circuit Court Clerk. A movant may submit a motion by fax or email to the Bell Circuit Court Clerk, who shall accept same and mark the motion as filed. However, the original motion must be filed within three (3) business days of the receipt of the faxed or emailed copy. The original shall be attached to the faxed or emailed copy and shall be considered filed of record as of the date the faxed or emailed copy was received and marked as filed. Failure of the movant to file the original within 3 business days of the Court's receipt of the faxed or emailed copy may result in the Court's denial of the motion or another appropriate sanction. Nothing in this rule shall preclude a party from re-filing any such motion that may have been previously denied under this rule.
(b) All motions shall be served upon other parties by both mail and facsimile transfer.
3. Notice of Hearing. (a) All motions shall contain a notice of hearing specifying the date, time, and place of hearing. Unless otherwise agreed to by the parties, all motions shall be assigned for a hearing on the next appropriate motion day on which the motion may be heard under these rules of practice and procedure, and at the appropriate time on that day. If it appears that a formal hearing on the motion is not reasonably appropriate, the motion shall be noticed for hearing at the convenience of the Court.
(b) Failure to notice a motion for a hearing in accordance with subparagraph (a) above may be grounds for denial of the motion.
4. Memoranda. Unless by the nature of the motion it would not be reasonably appropriate, all motions shall be accompanied by a brief memorandum of the grounds for the motions with citation of authorities relied upon. Unless otherwise allowed by the Court, the memorandum shall not exceed twenty-five (25) pages in length. Failure to include a memorandum may be grounds for denial of the motion.
5. Responsive Filings. (a) Any party properly served with a motion accompanied by a memorandum as provided in subparagraph (a) above shall, if the party opposes the motion, file of record a responsive memorandum of the grounds on which the party opposes the motion with citation of authorities relied upon. Unless otherwise allowed by the Court, the memorandum shall not exceed twenty-five (25) pages in length. Failure to timely file of record a responsive memorandum may be grounds for granting of the motion.
(b) Unless otherwise ordered by the Court, a party may file of record responsive filings in the nature of a reply or surreply, however such shall not be required. No responsive filings beyond those in the nature of a surreply shall be permitted without leave of Court.
(c) Unless otherwise allowed by the Court, all responsive filings shall be filed of record no later than two (2) calendar days before the date on which the motion is to be heard. A party opposing a motion may request of the Court, by oral or written motion, and for good cause shown, an extension of time to file of record a responsive memorandum as described in subparagraph (a) above. If such an extension is granted, failure to file of record a responsive memorandum in accordance with this subparagraph shall not be grounds for granting of the motion.
6. Courtesy Copies. (a) A copy of all motions filed of record with the Bell Circuit Court Clerk shall be forwarded to the Court no later than the date on which the motion is filed of record. The copy shall include all memoranda, exhibits, and other addenda filed of record along with the motion.
(b) A copy of all responsive filings filed of record with the Bell Circuit Court Clerk shall be forwarded to the Court no later than the date on which the responsive filing is due under paragraph 5 above. The copy shall include all memoranda, exhibits, and other addenda filed of record along with the responsive filing.

Credits

HISTORY: Adopted effective April 11, 2012.
Bell Circuit Court Rule 206, KY R BELL CIR CT Rule 206
Current with amendments received through November 15, 2023. Some rules may be more current, see credits for details.
End of Document