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Rule 7 Civil / criminal practice rules

Baldwin's Kentucky Revised Statutes Annotated15th Judicial Circuit - Carroll, Grant and Owen Circuit Court

Baldwin's Kentucky Revised Statutes Annotated
15th Judicial Circuit - Carroll, Grant and Owen Circuit Court
KY CGOC Rule 7
Rule 7 Civil / criminal practice rules
701. JURY TRIALS
A. The Clerk shall keep a jury docket for the Court. Upon motion of any party a civil action may be placed on the jury docket if there is an issue triable of right by a jury or if the Court in its discretion determines that there should be a trial by jury of any issue.
B. At the time the Order Setting Jury Trial is entered, the Court shall also issue orders, or include in that Order, directives regarding the completion of discovery by schedule and shall set both a Preliminary Pretrial Conference and a Final Pretrial Conference. Details for ail of these matters shall be established by Order for each case.
C. The Court will take control of the time-line for the case after a jury trial date is set. For that reason motions for jury trial should not be made until substantial discovery is complete.
702. CRIMINAL PROCEEDINGS
A. DOCKET CALL
The Court will hear motions on criminal matters on Motion Day immediately after the civil docket. Counsel shall have consulted with their parties so that the motions may proceed when called.
B. PRETRIAL CONFERENCE
At the time of arraignment each case shall be assigned a time for plea agreement conference and / or pretrial conference. Pretrial conferences shall be held as a matter of course in all criminal cases.
C. MOTIONS
Counsel of record for the parties shall be in attendance at the final pretrial conference and shall submit all written motions that they expect to be required in the case. No additional motions may be offered after the final pretrial conference, except by leave of the Court, upon a showing of excusable neglect or if it concerns a matter of which counsel was not aware or which did not come to counsel's attention prior to the time of the pretrial conference or in the interest of justice.
D. TRIAL DATE AND REPORT DATE
At a pretrial conference the case shall be assigned for trial on a day certain. The Court may at any time reassign the date of a criminal case to another date.
Unless there are exceptional reasons, jury trials shall be assigned at least one month in advance of the trial, with a designated report date at least seven days prior to trial. After the report date, the Court will not accept or consider plea agreements between Defendant and the Commonwealth.
E. PLEA AGREEMENTS:
All plea agreements between the Commonwealth and the Defendant shall be reduced to writing and submitted to the Court prior to entry of pleas made pursuant to such agreements.
F. GUILTY PLEAS
Pleas will be taken on the record in open court. Those proceedings shall be transcribed and filed with the Clerk only on request of either party and at their expense.
703. GRAND JURY AND TERMS OF COURT
A Grand Jury shall be impaneled every month in each county. As a routine matter the Grand Jury will meet on the first Motion Day of each month in each county, unless called at another time by the Court. There shall be a new Grand Jury in each county every term of court.
There shall be two terms of Court per year. The terms shall start on the first Motion Day of February and August. However, the provisions of CR 6.03(1) are applicable regarding terms of this court.
704. EX PARTE COMMUNICATION
There should be no ex parte communication with the Judge by counsel or parties in criminal or civil actions. Attorneys shall advise their clients and witnesses of proper courtroom decorum, including the impropriety of attempting to discuss pending matters with the Court and the statutory prohibition against communications with jurors.
705. TRIALS WITHOUT A JURY (BENCH TRIALS)
In all cases tried without a jury, each party shall file with the Court at the Judge's office, not less than seven (7) days prior to trial, a trial brief. The brief shall include, at minimum: a brief summary of the facts including a notation whether the facts are disputed or agreed; the issues involved; the party's position on each issue and legal support therefore, with copies of primary cases or other references attached; a list of witnesses; a list of exhibits and copies of the exhibits that can be copied; a statement of the specific relief requested; such other matters as the Court may require by Order or as the party may feel will assist the Court.
706. DRESS CODE
A. All attorneys appearing before the Court shall dress appropriately. The Court shall be the arbiter of what is appropriate in each circumstance. However, as a guide, this requires gentlemen to wear suit and tie or dress coat and tie with appropriate accessories. For ladies this requires formal business attire and accessories. Assistants shall likewise comply.
B. Clients, witnesses, family members and friends accompanying clients or witnesses should be advised that a dress code for all entering the courtroom will be in effect and may bar their entry if they are not compliant. The dress code is, at a minimum, that no one wearing shorts, tank tops, halter tops, apparel with inappropriate messages, sexually suggestive clothing, or other improper attire be admitted. Further, the wearing of sunglasses or hats in the courtroom is prohibited, unless required for medical or religious purposes.
707. APPEALS / PETITIONS FROM DISTRICT COURT
On the filing of any appeal from a judgment of the District Court, or any petition affecting District Court or District Judges, a copy of all documents, to include the Notice of Appeal, Statement of Appeal, Counter-statement of Appeal, the Petition, the Response and all motions shall be sent to the office of the Judge. Grant County Judicial Center. 224 South Main Street, Williamstown, KY 41097, in addition to the copy filed with the Clerk.
Furthermore, the Statement of Appeal shall have attached to it a copy of the Judgment from which the appeal is taken. Both the Statement of Appeal and the Counter-statement shall include, as attachments to the Judge's copy referred to above, copies of statutes, references, and primary cases referred to therein.
708. MEDIATION
This Court finds that under some circumstances the process known as mediation may provide an efficient and cost-effective alternative to traditional litigation, and, further, that the wise and judicious use of mediation may benefit litigants. In particular, resolution through mediation eliminates the potential of years and great expense in appeals courts.
Mediation is intended to help both litigants and the Courts facilitate the settlement of disputes. Litigants should participate in good faith and in an earnest attempt to resolve their differences.
This Rule refers to mediation. Nothing in this Rule shall prohibit parties from resolving disputes through other methods. However, in any case where one party may pose a risk of harm (such as domestic violence) to another party or family member, mediation should not be used.
A. MEDIATION DEFINED
Mediation is an informal process in which a neutral third person called a mediator facilitates the resolution of a dispute between two or more parties. The process is designed to help disputing parties reach an agreement on all or part of the issues in dispute. Decision-making authority remains with the parties, not the mediator. The mediator assists the parties in identifying issues, fostering joint problem-solving and exploring settlement alternatives.
B. REFERRAL OF CASES TO MEDIATION
Except as provided in FCRPP 2(6)(a), at any time on its own motion or on motion of any party, the Court may refer a case or portion of a case for mediation, in this decision, the Court shall consider:
(a) the stage of the litigation, including the need for discovery, and the extent to which it has been conducted;
(b) the nature of the issues to be resolved;
(c) the value to the parties of confidentiality, rapid resolution, or the promotion or maintenance of on-going relationships;
(d) the willingness of the parties to mutually resolve their dispute;
(e) other attempts at dispute resolution; and
(f) the ability of the parties to participate in the mediation process.
C. NO STAY OF PROCEEDINGS
Unless otherwise ordered by the Court, mediation shall not stay any other proceedings.
D. APPOINTMENT OF MEDIATOR
Within the time period set out in the Order of referral, normally thirty (30) days, the parties shall agree on a mediator or a mediation service. If the parties cannot agree, they shall notify the Court, and the Court will then select a mediator or a mediation service.
E. MEDIATOR COMPENSATION
The mediator shall be compensated at the rate agreed between the mediator and the parties if the mediator is chosen by agreement. If the mediator is appointed by the Court, the fee for the mediator shall be reasonable and no greater than the mediator's standard rate as a mediator. Unless otherwise agreed by the parties or ordered by the Court, the parties shall equally divide the mediator's professional fees.
F. MEDIATION PROCEDURE
Following selection of the mediator, the mediator shall set a mediation conference within thirty (30) days. The mediation conference shall be held at a site agreed upon by the parties. The mediator may meet with the parties or their counsel prior to the mediation conference for the purpose of establishing a procedure for the mediation conference. The mediator may require the parties to submit a confidential statement of the case or other materials that the mediator may reasonably believe appropriate for efficiently conducting the mediation conference.
G. ATTENDANCE AT MEDIATION CONFERENCE
The parties must attend the mediation conference. Counsel shall attend the mediation conference unless otherwise agreed to by the parties and the mediator or ordered by the Court. If a party is a public entity, it shall appear by the physical presence of a representative with full authority to negotiate on behalf of the entity and to recommend settlement to the appropriate decision making body or officer of the entity. If a party is an organization other than a public entity, it shall appear by the physical presence of a representative, other than the party's counsel of record, who has full authority to settle without further consultation. If any party is insured for the claim in dispute, that party shall also be required to have its insurer(s) present by the physical presence of a representative of the insurance carrier(s) who is not that carrier's outside counsel; this representative must have full settlement authority. The foregoing requirements of attendance may be varied only by stipulation of the parties or by order of the Court for good cause shown.
H. COMPLETION OR TERMINATION OF MEDIATION
The mediator may terminate the mediation conference after a settlement is reached or when the mediator determines that continuation of the process would be unproductive. After the initial mediation conference, mediation shall continue only by the agreement of the parties, their counsel and the mediator, or by order of the Court.
I. REPORT TO THE COURT
The mediator shall report to the court that the mediation has not occurred, has not been completed, or that the mediation has been completed with or without an agreement on any or all issues. With the consent of the parties, the mediator may also identify those matters that, if resolved or completed, would facilitate the possibility of a settlement.
J. AGREEMENT AND ORDER
If an agreement is reached during the mediation conference, it shall be reduced to writing and signed by the parties. The parties shall be responsible for the drafting of the agreement, although the mediator may assist in the drafting of the agreement with the consent of the parties.
The parties shall then submit to the Court an Agreed Order of Settlement and Dismissal with such details as they deem necessary.
K. CONFIDENTIALITY
(1) Mediation sessions shall be closed to all persons other than the parties, their legal representatives, and other persons invited by the mediator with the consent of the parties.
(2) Mediation shall be regarded as settlement negotiation for purposes of K.R.E. 408.
(3) Mediators shall not be subject to process requiring the disclosure of any matter discussed during the mediation, but rather, such matters shall be considered confidential and privileged in nature except on order of the Court for good cause shown. This privilege and immunity reside in the mediator and may not be waived by the parties.
(4) Nothing in this rule shall prohibit the mediator from reporting abuse according to KRS 209.030, KRS 620.030, or other applicable law.
709. MASTER COMMISSIONER SALES
A. NECESSARY AFFIDAVITS IN FORECLOSURE CASES:
(1) Any complaint involving the foreclosure sale on a mortgage or other lien shall include an affidavit of plaintiff's counsel stating that a title examination was conducted on the subject property and that all lien holders are named as parties.
(2) Further, in any action where a defendant is deceased and unknown heirs, devisees, etc. are named as parties, plaintiff's counsel shall file an affidavit with the complaint stating that a reasonable search has been completed to determine if a probate case has been filed for the estate of the deceased defendant.
(3) If the real estate that is being foreclosed contains a mobile home, doublewide or manufactured home that has been affixed to the real estate, a copy of the Affidavit of Conversion filed with the County Clerk's Office shall be attached to the complaint. If there is no Affidavit of Conversion filed, then a copy of the perfected title lien statement shall be attached to the complaint.
In every case, the plaintiff shall make a statement in the complaint or in a separate affidavit regarding the presence of a mobile home, doublewide, or manufactured home on the property. (i.e.: There is/is not a mobile home, doublewide or manufactured home located on the property.”)
(4) When a Motion for Judgment and Order of Sale is made, it shall include a status of account affidavit signed by the Plaintiff or its representative setting out the breakdown of the balance due under the obligations of the note and mortgage, to include attorney's fees, up to the date of filing of the Motion. The Motion should also include a military affidavit regarding any individual defendants.
B. A copy of all motions for judgment and order of sale or motions relating thereto shall be sent to the Master Commissioner (in addition to the copy sent to the Judge) prior to the motion hour at which the motion is to be heard, in order to be reviewed and approved by the Master Commissioner prior to the motion hour. The tendered orders must be in format suitable to the Master Commissioner and the Court. (Sample is provide herein as Appendix MC). The Master Commissioner will provide any additional guidance for those not familiar with local format.
C. Within seven (7) days after the entry of the Judgment and Order of Sale, the Plaintiff shall forward to the Master Commissioner a certified check or money order in the sum of One Thousand Dollars ($1,000.00) as an advance for expenses to be incurred by the Master Commissioner in relation to the sale. The amounts used from that advance shall be taxed as costs and included in the Plaintiff's judgment. Any surplus shall be refunded to the Plaintiff in the Master's final accounting. Failure of the Plaintiff to advance said sum within this time period shall result in the cancellation of the sale by the Master Commissioner.
D. The terms of all Master Commissioner Sales, unless otherwise ordered by the Court, shall be as follows:
(1) At least ten percent (10%) cash payment at the time of sale, and the balance on a credit of thirty (30) days bearing interest at the rate of twelve percent (12%) per annum from date of sale. The successful bidder shall provide surety on his/his purchase bid bond satisfactory to the Master Commissioner, and
(2) If the property sold includes insurable improvements, the successful bidder at the sale shall, at bidder's own cost, carry fire and extended insurance coverage on the improvements from the date of sale until the purchase price is fully paid. The insurance shall be in the amount of the Court appraised value of the improvements or the unpaid balance of the purchase price, whichever is less, as a minimum, with a loss payable clause to the Master Commissioner of the Circuit Court; and,
(3) All unpaid, past due and owing city and county real estate taxes shall be paid from the sales proceeds.
E. CANCELLATION OF SALES: Any motion to cancel a judicial sale, including a motion by Plaintiff or joint motion, shall be filed and noticed in accordance with LR2 above, to include provision LR2 B that requires filing seven days prior to the Motion Day on which it is noticed.
As an alternative to filing a motion, for instance when there isn't sufficient time to file the motion, the sale will only be cancelled upon receipt by the Court of an agreed order of cancellation signed by all parties who are not in default.

Credits

HISTORY: Amended effective July 8, 2013. Prior amendments effective February 1, 2008; April 13, 2012.
Carroll, Grant and Owen Circuit Court Rule 7, KY R CARROLL GRANT OWEN CIR 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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