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Rule 6 Rule days and motion hours

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 6
Rule 6 Rule days and motion hours
6.01. Rule Days
Rule Days for Divisions II and III shall be held every Tuesday, except during the months of July and December, when Rule Days will be held only on the first and second Tuesdays of the month.
6.02. Motion Hours
Motion Hour shall begin on Rule Days for civil actions at 9:15 a.m. for Division II and 8:30 a.m. for Division III.
6.03. Motion Practice
(1) Any motion accompanied by an agreed order and any motion for a default judgment (if no party is entitled to notice) may be filed with the Clerk and sent directly to the presiding judge for signature. All other motions must be noticed for a hearing at Motion Hour, unless the law permits an ex parte presentation of the motion.
(2) Each motion to be heard at Motion Hour shall be filed with the Clerk no later than 3:00 p.m. on the Wednesday immediately preceding the Rule Day for which the motion has been noticed. Each motion shall be served upon opposing counsel, or party not represented by counsel and entitled to notice, no later than midnight on the Wednesday immediately preceding the Rule Day for which the motion has been noticed. Service shall be as described in Civil Rule 5.02 or by placing a copy of the motion in the mail slot allotted to that opposing counsel in the Clerk's office. All post-judgment motions must be served upon the opposing party.
(3) Each notice shall state in general terms the subject matter of the motion and the action of the court requested by the movant.
(4) No motion will be heard by the court unless same is accompanied by a tendered order which the movant desires the court to enter and by tendered Findings of Fact and Conclusions of Law if the requested order will be a final and appealable order and such Findings and Conclusions are required by law. Any motions that are improperly prepared may be voided by the Clerk and returned to the attorney of record.
(5) Any hearing required pursuant to a motion will be heard at Motion Hour or assigned to a date and hour for hearing. Except for good cause shown, any motion requiring a hearing of more than fifteen (15) minutes will be assigned for a specific time other than Motion Hour.
6.04. Motions to Assign for Trial
(1) A motion to assign a civil action for trial may be filed for any Motion Hour. When the motion is heard the court may:
A. Assign or reassign the case for trial;
B. Schedule a pretrial conference;
C. Set time limitations for the completion of discovery and identification of expert witnesses;
D. Decline to set the matter for trial;
E. Refuse to continue the trial;
F. Take such other action as may be appropriate.
(2) Any case previously set for trial continued for any reason shall be mediated prior to a subsequent trial date.
(3) Each motion for assignment of a civil action for trial must be accompanied by a tendered order, which must include the following directive:
This matter is set for trial by jury (before the court) on the ___ day of ___, 20 ___.
The Plaintiff shall identify all expert witnesses (not just those retained), if any, and the subject matter of their opinions, and provide same to opposing counsel on or before ___.
The Defendant shall identify all expert witnesses (not just those retained), if any, and the subject matter of their opinions, and provide same to opposing counsel on or before ___.
All discovery by all parties shall be completed no later than ___ days prior to trial.
On or before ___ days prior to said trial date, each party shall file with the Clerk a list of names and addresses of all witnesses (excepting parties) to be used by them at the trial, together with an itemized list of all damages proposed to be proven at trial, and a list of all exhibits proposed to be introduced as evidence, which shall be shown by certificate of attorney. A copy of all exhibits listed with the Clerk shall be provided to all opposing counsel or parties answering and not represented by counsel, unless said exhibits are too cumbersome and voluminous as to make same impracticable, in which case such exhibits shall be made available for viewing by all opposing counsel or parties answering and not represented by counsel. No other witnesses may be introduced or damages proven or exhibits received in evidence than those disclosed as set out above, except by agreement of all parties or in the discretion of the Court for good cause shown.

Credits

HISTORY: Amended effective January 1, 2014. Prior amendments effective March 6, 2007.
Hardin Circuit Court Rule 6, KY R HARDIN CIR 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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