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Rule 5. Civil proceedings

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

Baldwin's Kentucky Revised Statutes Annotated
9th Judicial District - Hardin District Court
KY RHDC Rule 5
Rule 5. Civil proceedings
Currentness
5.01. Pre-trial Proceedings. Pre-trial Conferences may be scheduled at the request of one of the parties or on the Court's own initiative. Pre-trial conferences shall be set for civil motion day of the division in which the case is filed.
5.02. Motion Calendar. Motions in civil cases, including motions to set for trial, shall be filed at least one week in advance before the motion shall be heard and shall be filed for hearing as follows:
(1) D1Shaw: Monday at 2:00 p.m.
(2) D2 Shumate: Monday at 3:00 p.m.
5.03. Jury Trials.
(1) Jury trials will be held on the jury dates assigned to the Judge of the Division in which the case is pending: D2 Judge Shumate on the Wednesday, Thursday and Friday usually of the first and third weeks of the month following empaneling, and D1 Judge Shaw on Wednesday, Thursday and Friday usually of the second and fourth weeks of the month following empaneling, except during July and December when no petit jury is convened. Once begun, trials may be continued to any day of the week in the discretion of the presiding judge.
(2) Additional jury trials may be scheduled during those weeks beginning with the fifth Monday of a month, or during the months of July and December in the discretion of the presiding judges.
(3) Request for a jury trial in a civil case shall be made on a civil motion day pursuant to HDR 5.02, shall be accompanied by the required jury fee, and shall include a tendered Order with the following language:
On or before 14 days prior to said trial date, each party shall file with the Clerk of this Court 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 special 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 special damages proven or exhibits received in evidence than those disclosed as above set out, except by agreement of all parties or in the sound discretion of the Court for good cause shown.
5.04. Trials by Court. All matters requesting Trial by Court shall be set for a Motion Day pursuant to HDR 5.02 to schedule such a Trial by Court and shall be accompanied by the same order for Trials by Jury as specified in HDR 5.03 (3). Trials by Court shall be scheduled by the presiding judge on any non-jury, non-juvenile day at a time to be specified in the discretion of the Judge and the Court calendar.
5.05. Settlements.
(1) Upon the settlement of any civil action which is set for trial, the parties shall immediately notify the Division Clerk of the fact of settlement.
(2) Upon the settlement of any action, an Agreed Order of either judgment or dismissal, signed by all parties or their counsel, shall be prepared and tendered to the presiding Judge for signature. Such Agreed Order shall be entered prior to the date of trial, if at all practicable.
5.06. Summons Recall. In all District Court civil cases in which an Order closing the case is entered, the Clerk shall recall any outstanding civil summons in that case and so note in the KYCourts system.

Credits

HISTORY: Amended effective March 1, 2022. Prior amendments effective July 22, 2016; March 6, 2007.
Hardin District Court Rule 5, KY R HARDIN DIST CT Rule 5
Current with amendments received through November 15, 2023. Some rules may be more current, see credits for details.
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