Rule 1 Motion days and motions
Baldwin's Kentucky Revised Statutes Annotated51st Judicial Circuit - Henderson Circuit Court
KY RHCC Rule 1
Rule 1 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.)
(B) The Clerk shall keep a motion docket in which there shall be docketed, in order, all motions filed with the Clerk no later than Wednesday NOON preceding the next motion day. Any motions filed thereafter shall be docketed on the following motion day unless otherwise agreed by the parties. 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.
(C) 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 office in Henderson, Kentucky, and proof of service on the Judge should be listed in the Certificate of Service. Failure to furnish such a copy shall because for the Court to delay hearing of said motion until the next motion day, if the Court so desires.
(D) There shall be filed with each motion a brief statement of the grounds therefore, 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 prior to the date set for the hearing of the motion unless a different time is fixed by the Court.
(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.
(H) All motions including motions for summary judgment but excluding motions to set a pretrial conference or trial date shall be filed with the tender of a proposed order in conformity therewith, including 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. This is not intended to delegate the court's decision making power, but will be used solely for information and as a guide.
Credits
HISTORY: Amended effective January 1, 1994.
Henderson Circuit Court Rule 1, KY R HENDERSON CIR CT Rule 1
Current with amendments received through November 15, 2023. Some rules may be more current, see credits for details.
End of Document |