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Rule BCR 300 Civil procedure

Baldwin's Kentucky Revised Statutes Annotated55th Judicial Circuit - Bullitt Circuit Court

Baldwin's Kentucky Revised Statutes Annotated
55th Judicial Circuit - Bullitt Circuit Court
KY RBUC Rule BCR 300
Rule BCR 300 Civil procedure
Currentness
All civil matters except domestic relations matters and adoptions shall be subject to the provisions of this rule to expedite the trial procedure and assist in the orderly presentation of trials. Unless good cause can be shown for the court to deviate from the requirements and schedule set out in this rule compliance with this rule is mandatory. Failure of either party to abide by the schedule and disclosures required by this rule may result in a continuance of trial sanctions upon the non-productive party(ies); and/or dismissal of the action. Upon review, before trial, if the filing requirements of this rule are not met the court may remove the matter from its trial docket sua sponte. All Orders assigning a case for bench or jury trial shall contain the following language. All parties shall comply with the provisions of BCR -300 as if the same were set out in full in this order.
(a) All motions for summary judgment shall be filed as soon as possible but at least thirty (30) days prior to trial.
(b) Each party shall exchange a list of names and addresses of all persons who will testify at the trial and file such list at least fifteen (15) days before trial.
(c) Each party shall make available to opposing counsel all documentary evidence and exhibits of any kind to be presented at trial for inspection and copying at least fifteen (15) days before trial. A list of such evidence shall be filed in the record with the witness list.
(d) Each party claiming damages of any nature shall submit an itemization of such damages to opposing counsel at least fifteen (15) days before trial.
(e) Any medical examinations shall be completed at least thirty (30) days before trial.
(f) Any proposed amendment of pleadings shall be filed at least forty-five (45) days before trial. An opposing party may be entitled to a continuance if the amended pleading significantly alters trial preparation.
(g) The taking of depositions including expert witnesses shall be completed at least thirty (30) days before trial whether for discovery purposes or to preserve the testimony of a witness who will be unavailable.
(h) Each Plaintiff shall disclose Plaintiff's expert witnesses by at least seventy-five (75) days prior to trial and each Defendant shall disclose Defendant's expert witnesses at least thirty (30) days after the Plaintiff's disclosure.
(i) If a request is made therefore there must be a literal compliance with the requirements of CR 26.02 (4)(a)(i) for all expert witnesses. The disclosure shall be filed with the witness list. A party shall identify each person whom the party expects to call as an expert witness at trial. A party shall state the subject matter on which the expert is expected to testify and the substance of the facts and opinions to which the expert is expected to testify and provide a summary of the grounds for each opinion.
(j) Each party shall file a Trial Memorandum with the court at least fifteen (15) days before trial setting forth a description of the factual situation and a concise statement of each disputed issue of the law recognized by that party.
(k) Exhibits to be used at trial shall be marked the appropriate labels. The number of the exhibit shall be entered on the label at the time of the introduction into evidence. A photograph or reduced copy of a large or cumbersome exhibit to be introduced into evidence shall be submitted and substituted for such exhibit at the conclusion of the trial.
(l) At least five (5) days prior to trial each party shall file proposed jury instructions or proposed findings of fact and conclusions of law as appropriate.
(m) Failure on the part of any party to comply with any requirements outlined herein may result in exclusion of the evidence sought to be introduced at trial or other sanctions against the offending party as deemed appropriate by the court.
(n) If the parties reach a settlement of the action prior to the trial date counsel shall notify the court as soon as possible so that other matters may be scheduled.

Credits

HISTORY: Amended effective October 31, 2007.
Bullitt Circuit Court Rule BCR 300, KY R BULLITT CIR CT Rule BCR 300
Current with amendments received through November 15, 2023. Some rules may be more current, see credits for details.
End of Document