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Rule 6. Motion Practice--All Cases

Baldwin's Kentucky Revised Statutes Annotated8th Judicial District - Warren District Court

Baldwin's Kentucky Revised Statutes Annotated
8th Judicial District - Warren District Court
KY RWDC Rule 6
Rule 6. Motion Practice--All Cases
6.01. Direct Submissions. Any motion accompanied by an “Agreed Order” or any motion for default judgment may be filed with the District Clerk and sent directly to the presiding Judge for review and submission. All other motions must be noticed for a hearing on a regular docket pursuant to the type of case to be heard, in accordance with the Kentucky Civil Rules of Procedure.
6.02. Service of Motions. Each motion shall be served upon opposing counsel or party not represented by counsel and entitled to notice and shall be served in accordance with Civil Rule 5.02. All post-judgment motions must be served upon the opposing party.
6.03. Subject Matter. Each motion shall state therein, in general terms, the subject matter of the motion and the action of the Court requested by the movant. A “Motion for Review” is not sufficient notice for preparation under Kentucky Rules.
6.04. Tendered Orders Required. No motion, including Motions to Suppress, Motions to Dismiss, and Motions for Bond Assignment, will be heard by the Court unless same is accompanied by a tendered order which the movant desires the Court to enter. Motions to Suppress and Motions to Dismiss shall be accompanied by a tendered Findings of Fact and Conclusions of Law. Other Motions shall be accompanied by Findings of Fact and Conclusions of Law if such Findings and Conclusions are required by law to be made or by Order of the Court. Opposing counsel shall likewise tender its requested Order for the Court's review, prior to the date the Motion is to be heard by the Court. All Orders shall reflect the relief being granted. For example, “ORDER REVOKING PROBATION” or “ORDER RETURNING PROPERTY”, etc. Simply titling an Order “ORDER” is insufficient.
6.05. Hearings. Any hearing required pursuant to a motion will, at the calling of the motion, be heard at said time or assigned to a date and hour for hearing. Except for good cause shown, any motion requiring a hearing of more than 15 minutes or requiring witness testimony may be assigned for hearing at a specific time.

Credits

HISTORY: Adopted effective August 31, 2023.
Warren District Court Rule 6, KY R WARREN DIST CT Rule 6
Current with amendments received through November 15, 2023. Some rules may be more current, see credits for details.
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