Rule 7 Miscellaneous practice provisions
Baldwin's Kentucky Revised Statutes Annotated22nd Judicial District - Fayette District Court
KY RFDC Rule 7
Rule 7 Miscellaneous practice provisions
A. Entry of Orders and Judgments. Whenever any ruling is made or opinion rendered, an order or judgment in conformity therewith shall immediately be prepared by counsel for the successful party, shall be attested by counsel for all parties thereto as in conformity to the ruling or opinion, and shall be presented to the Court. If the party against whom the order or judgment is to be entered is not represented by counsel, or is represented by counsel who declines to attest the order or judgment, such fact shall be endorsed thereon. When signed by the Judge, the order or judgment shall be delivered to the Clerk for entry. Counsel preparing the order or judgment shall also deliver to the Clerk a sufficient number of copies together with properly addressed stamped envelopes to permit the Clerk to complete service thereof when required by CR 77.04. Counsel may waive service of any order or judgment, and notice.
(1) All motions, pleadings and orders shall be typewritten on 16 pound or heavier, white, opaque, unglazed paper, 8 ½ x 11 inches, and must be written with a black-record ribbon which is not worn or faded and with typewriter keys which are clean and do not blur the letters. All motions, pleadings and orders shall be double spaced, except legal descriptions of real property. All motions, pleadings and orders shall be written with type never smaller than pica, with larger type being preferable, especially in briefs.
C. Exhibits to Pleadings. No party is required to respond to any pleading if any exhibit, or copy thereof, referred to in the pleading as part thereof is missing, not filed, or not served upon such party. Response shall not be required until the exhibit is filed and a copy thereof delivered to such party or his or her counsel. In addition, the non-offending party may move to compel filing under penalty of the Court striking from the record any pleading, including a complaint, which refers to exhibit(s) which are not filed. Photostatic copies of exhibits may be used if legible.
E. Orders of Submission. Upon submission of any action to the Court for final judgment, the parties shall prepare and present to the Court an order of submission setting forth in particular the issue or issues on which the action is submitted. An action shall be submitted only upon the entry of an order of submission. No party shall file any further pleadings, proof or briefs after the entry of the order of submission, unless ordered or allowed by the Court for good cause shown. The Court may, but need not, pass upon any action before such order of submission, and will not render a decision over 90 days after the order of submission is entered.
F. Record of Proceeding. A record of all proceedings in all divisions and sessions of the District Court will be made by Court personnel by electronic recording devices operated by that personnel. No written transcript of the proceeding is required or necessary. All appeals will be upon the record as preserved by said recording; provided, however, any party may, at its sole cost and expense, provide a Court reporter to make stenographic notes of the proceedings which can serve as an additional record of the proceeding. Any such stenographic notes shall not serve as an official record of the proceeding.
G. Withdrawal of Attorney. An attorney who has appeared at any stage of a case and who has been noted as attorney of record by the Clerk may not thereafter withdraw as attorney of record in that case or fail to appear at any subsequent proceeding in that case, unless the attorney has appeared before the Court seeking permission to withdraw as counsel of record. If the Court, at a hearing, grants the motion, the attorney permitted to withdraw as attorney of record shall tender to the Court an order permitting the attorney's withdrawal. If the client does not appear at the hearing, the attorney shall also serve an attested copy of the order by mail upon the client. In all sessions of the Court except Criminal and Traffic, the motion shall be in writing and properly noticed for hearing before the Court.
Credits
HISTORY: Amended effective January 7, 2005; approved January 7, 1999.
Fayette District Court Rule 7, KY R FAYETTE DIST CT Rule 7
Current with amendments received through November 15, 2023. Some rules may be more current, see credits for details.
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