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Chapter I General

Baldwin's Kentucky Revised Statutes Annotated10th Judicial Circuit - Larue, Hart and Nelson Circuit Courts

Baldwin's Kentucky Revised Statutes Annotated
10th Judicial Circuit - Larue, Hart and Nelson Circuit Courts
KY RHLC Ch. I
Chapter I General
A. Dress Code: All attorneys appearing in Court in inappropriate attire will be so advised, individually and in private. All litigants and witnesses shall appear in clean, modest clothing.
B. Time Zone: The Tenth Judicial Circuit is comprised of LaRue, Nelson and Hart Counties. LaRue County and Nelson County operate on eastern time, and all times set forth herein for those counties refer to eastern time. Hart County operates on central time, and all times set forth herein for that county refer to central time.
C. Rule Days:
(1) LaRue County Rule Days will be held on the first and third Mondays of each month for criminal proceedings, non-domestic relations civil matters, and those domestic relations matters that are to be heard by the presiding judge.
(2) Hart County Rule Days will be held on the first and third Tuesdays of each month for criminal proceedings, non-domestic relations civil matters, and those domestic relations matters that are to be heard by the presiding judge.
(3) Nelson County Civil Rule Days will be held on the first and third Wednesdays of each month.
(4) Nelson County Criminal Rule Days will be held on the Thursdays following the first and third Wednesdays of each month.
(5) Holidays-Rule days falling on holidays will be reassigned pursuant to Court Order.
(6) Varying or Deleting a Rule Day-If it becomes necessary to vary or delete a Rule Day, same will be effected through Court Orders.
(7) Length of Time for Hearings-On each rule day in Hart and LaRue Counties, the attorneys are to advise the Court when each docket is called whether they desire a hearing of 15 minutes or less, or a 15 to 30 minute hearing. Any hearing which will exceed 30 minutes will be continued by the Court to a date and time certain.
On each rule day in Nelson County, the attorneys are to advise the Court when each docket is called whether they desire a hearing of 3 minutes or less, or a 3 to 15 minute hearing. Any hearing which will exceed 15 minutes will be continued by the Court to a date and time certain.
D. Submission of Cases to the Court: Non-domestic relations civil cases may be submitted to the Court pursuant to motion on Rule Day or at any time on a joint motion or by agreed order. The Office of the Circuit Clerk shall be notified when a case is ready for the Court to take it under submission.
E. Setting of Cases for Trial: Motions to set a non-domestic relations civil case for trial may be made on any rule day and shall contain a certification that the case will be ready for trial by the trial date. Once a case is set for trial, continuances will be reluctantly granted by the Court and only for extraordinary reasons.
Criminal cases will be set for trial through an Arraignment and Discovery Order to be signed at arraignment.
F. Pre-Trial Statements for Non-Domestic Relations Civil Cases:
(1) Provisions-Not later than 60 days prior to the trial date, all parties shall file pretrial compliance statements, the contents of which shall be as follows, to-wit:
(a) All exhibits which may be used at trial shall be listed and copied, and if feasible, shall be attached to the pre-trial statement. All exhibits which cannot be attached to the pre-trial statement shall be made available for inspection by opposing counsel at a convenient location designated in the pre-trial statement.
(b) All witnesses and expert witnesses who may be used at trial shall be listed, along with their addresses and telephone numbers. Also, as to each expert witness who has not been deposed, the pre-trial statement shall state the subject matter on which the expert is expected to testify and shall state the substance of the facts and opinions to which the expert is expected to testify and a summary of the grounds for each opinion.
(c) A statement of the claim or claims of plaintiffs, including legal theories.
(d) A statement of defenses or claims of defendants, or third parties, including legal theories.
(e) Issues of fact to be litigated.
(f) Issues of law to be litigated.
(g) All parties making claims for damages shall itemize their claimed damages, and shall specify those damages which can be calculated from objective data.
(2) Sanctions-Failure of parties to strictly comply with the terms of this rule may result in dismissal of claims, default judgment, refusal to let witnesses testify or to admit exhibits, assessment of costs and expenses, including attorney fees, or other appropriate sanctions.
(3) Pre-trial/Settlement Conference-Upon the setting of a case for trial, the Court will also set a pre-trial/settlement conference at a time and date within thirty days of the scheduled trial. Counsel who will be trying the case and parties, or representatives of parties, shall attend that conference. Persons possessing settlement authority shall also attend that conference. Prior to such conference the parties or their counsel shall provide and file the following:
(a) An offer of stipulated facts.
(b) Statement of evidence problems likely to arise at trial, including objections to exhibits.
(c) All motions in limine of which counsel should reasonably be aware at that time.
(d) Counsel's or party's statement that he or she has conferred with opposing counsel and/or parties for the purpose of considering the possibility of settlement, and indicating the current status of negotiations relative to the possibility of settlement.
(4) In jury cases, counsel shall file trial briefs and request for instructions on the first day of trial. In nonjury cases, counsel shall provide trial briefs and proposed findings of fact and conclusions of law on the first day of trial.
G. Labeling of Exhibits: All exhibits intended for use at trial in both civil and criminal cases shall be marked for identification purposes prior to trial.
H. Trials: All criminal and non-domestic relations civil trials shall start promptly at 10:00 o'clock A.M. However, the parties and counsel shall be present in Court at 9:00 o'clock A.M. on trial dates.
I. Settled Cases: When any action which is set for trial is settled, the parties shall immediately notify the Office of the Circuit Clerk of this fact.
J. Copies To Be Sent to Court Reporter: A copy of any Notice of Appeal, Designation of Record or Order to Proceed in forma pauperis shall be sent to the Court Reporter by the attorney filing same. Any party desiring a transcript shall timely notify the Court Reporter of the date by which said transcript is needed.
K. Copies of Court Records: Any attorney or party who desires from the office of the Circuit Clerk more than five (5) copies of any item or items with respect to a case, including juror qualifications forms, shall cause said copies to be made by himself or his representative, and shall reimburse the office of the Circuit Clerk therefor at a rate consistent with regulations promulgated by the Kentucky Administrative Office of the Courts.
L. Service of Subpoena by Law Office Personnel or Party: To the extent that the sheriff would be compensated for similar service, service of subpoena by law office personnel or a party will be considered as costs when assessing costs.
M. Distribution of Orders: The Clerk shall distribute copies of all orders by mail or delivery or placement in the receptacles assigned for the attorneys in the clerk's office to the persons listed under DISTRIBUTION and shall certify such mailing, delivery or placement by making a check mark by the person listed and shall initial and date the same at the bottom of the distribution list. All orders and judgments shall contain a distribution list, same to include any acts required of Clerk by said order or judgment, as set out in the following example.
Distribution:
Hon. John Douglas Doe
(Address) (_____)
Hon. Michelle Doe
(Address) (_____)
Clerk to provide copy to Master Commissioner (_____)
______________________________
Clerk's initials and date

Credits

HISTORY: Amended effective January 27, 2005.
Hart, Larue and Nelson Circuit Court Ch. I, KY R HART LARUE CIR CT Ch. I
Current with amendments received through January 1, 2018
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