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Rule 5 Civil proceedings

Baldwin's Kentucky Revised Statutes Annotated9th Judicial Circuit - Hardin Circuit Court

Baldwin's Kentucky Revised Statutes Annotated
9th Judicial Circuit - Hardin Circuit Court
KY RHAR Rule 5
Rule 5 Civil proceedings
Currentness
5.01. Assignment of Cases.
(1) The Clerk shall prepare two stacks of shuffled cards containing an equal number of cards marked Divisions II and III: one stack for District Court Appeal cases and one stack for all other civil cases. The Clerk shall draw, anonymously and by chance, a card from the appropriate stack and assign the next filed case to the division appearing on that card. This procedure shall be repeated until all of the cards in a particular stack have been drawn, at which time the Clerk will prepare a new stack to be used in the same manner.
(2) An action may be transferred from one division to another by an order signed by the judges of the transferring and receiving divisions when one of the following situations exist:
A. The judge to which said action was originally assigned is disqualified to hear same; or
B. There is a companion case involving like or similar facts which should be tried or considered with the same action; or
C. In the opinion of the judges of both divisions other good and sufficient reasons exist.
(3) Regardless of the assignment of a case to a particular division, the judge of any other division may in the absence of another judge sign orders and judgments as permitted by KRS 26A.040.
(4) If a writ is filed by a defendant who has been indicted by the grand jury and the subject matter of the writ involves the charge(s) for which that defendant was indicted, the writ will be assigned to the same judge to whom the criminal case was assigned.
5.02. Jury Trials
(1) The court will schedule civil trials generally in the fourth week of each month, except in July and December.
(2) Jury trials may also be held during the first two weeks of the months of July and December at the discretion of the presiding judge.
5.03. Equity Trials
All trials before the court without a jury normally will be held during the last week of each month. Such trials may be scheduled at any time during July and December.
5.04. Pretrial Proceedings
(1) Pretrial conferences shall not be scheduled automatically. Should there be issues requiring such a conference, either party may request such a conference by filing a specific motion(s) to be addressed, or the court may schedule such a conference on its own initiative. At the pretrial conference, the court may hear the matters asserted, schedule a hearing date, or defer the hearing to trial.
(2) Except for good cause shown, motions in limine shall be noticed for hearing no later than the Motion Hour immediately preceding the date of trial.
5.05. Civil Contempt Proceedings
(1) A party moving for a contempt ruling against another party shall file the following with the Clerk:
A. A motion for a contempt ruling and for a hearing specifying the requested hearing date; and
B. An affidavit setting forth facts supporting the motion; and
C. An order incorporating the allegation of the affidavit and setting the requested dale for the responding party to appear and show cause why he should not be held in contempt, e.g.,
[CAPTION]
On ___, the Defendant/Respondent was ordered to ___. The Plaintiff/ Petitioner has filed an affidavit showing prima facie that the Defendant/Respondent has violated the order by ___.
WHEREFORE, IT IS HEREBY ORDERED that the Defendant/Respondent appear in this Court on ___ at ___ a.m. to show cause why he/she should not be held in contempt of court.
This ___ day of ___, 20 ___.
 
 
JUDGE. HARDIN CIRCUIT COURT
DIVISION
DIVISION
 
 
D. Findings of Fact. Conclusions of Law and Order to be entered if the responding party is subsequently found to be in contempt.
(2) The Clerk shall submit these papers to the judge. If the affidavit shows prima facie that the responding party is in violation of a previous court order, the show cause order will be signed, a hearing date set, and all papers returned to the Clerk's office.
(3) If appropriate fees have been paid, the motion, affidavit, and order will then be served on the responding party as follows:
A. Prejudgment Proceedings--A prejudgment motion for a Rule for failure to abide by the provisions of a pendente lite order shall be served upon opposing counsel, or party not represented by counsel, no later than midnight on the Wednesday immediately preceding the Rule Day on which the motion is to be heard. Service shall be pursuant to Civil Rule 5.01 and as described in Civil Rule 5.02, or by placing a copy of the motion in the mail slot allotted to opposing counsel in the Clerk's office.
B. Post-Judgment Proceedings--A post-judgment motion for a Rule for failure to abide by the provisions of any order or judgment must be filed with the clerk no later than ten (10) days prior to the Rule Day on which the motion is to be heard. Notice of such a motion must be served upon the adverse party and his attorney of record, if any, at least ten (10) days prior to the Rule Day for which the motion is noticed. Service upon the adverse party shall be as described in Civil Rule 4.01. Service upon the opposing attorney of record shall be as described in Civil Rule 5.02, or by placing a copy of the motion in the mail slot allotted to opposing counsel in the clerk's office.
(4) Proof of service on the adverse party must be filed in the record before the motion will be heard.
5.06. Settlements
(1) The parties shall immediately notify the presiding judge's secretary regarding settlement of any civil action which is set for trial.
(2) An agreed order of dismissal, signed by all parties or their counsel, shall be prepared and tendered to the presiding judge for signature upon the settlement of any civil action.

Credits

HISTORY: Amended effective May 5, 2017. Prior amendments effective January 1, 2014; March 6, 2007.
Hardin Circuit Court Rule 5, KY R HARDIN CIR CT Rule 5
Current with amendments received through November 15, 2023. Some rules may be more current, see credits for details.
End of Document