i). All motions to be argued at Motion Hour and notice of the hearing, other than those set forth in (ii) and (iii) below or those that may be heard ex parte, shall be filed with the Clerk, and served by hand delivery or facsimile on opposing parties. Motions to be heard must be received by opposing counsel 72 hours prior to the noticed motion hour. Responses shall be filed within 24 hours of the noticed motion hour. The notice of the hearing shall specify the date, time and place for the hearing.

ii). Motions to dismiss, motions for summary judgment, motions to strike, and motions under CR 12.02 shall be filed and served upon opposing party and/or attorney(s) at least 24 days prior to motion hour and accompanied by a memorandum of the grounds for the motion with citation of authorities relied upon, but not greater than 25 pages in length, unless permitted by prior order. Failure to file a memorandum with supporting authorities may be grounds for overruling the motion. Any party properly served with a motion accompanied by a memorandum and authorities shall file a response opposing the motion, with citation of supporting authorities, but not greater than 25 pages in length except by leave of Court. Such response shall be filed at least 72 hours prior to the time specified in the notice of hearing of the motion. Failure to file a timely response may be grounds for sustaining the motion, but the time for filing a response may be extended upon oral or written motion for good cause shown, including such factors as the length and complexity of the motion and supporting memorandum and time of service of the motion. Any reply memorandum shall be limited to 5 pages in length, and must be filed 24 hours prior to hearing.

iii). Motions for Restraining Orders and Injunctions shall only be heard by the Court. Those motions shall be scheduled through the Circuit Court Judge's Office (502-647-5234).

iv). A motion to compel discovery, for a protective order, or for sanctions may be filed pursuant to CR 26 and/or CR 37 only if counsel are unable to resolve between themselves the discovery dispute. Counsel shall have the duty to make a good faith effort to resolve any disputes which arise in the course of discovery. The moving party shall attach to the motion a certification of counsel that he or she has attempted to resolve the dispute and that they have been unable to do so. The certification should detail the attempts of counsel to resolve the dispute.

v). Motions shall be served on the Master Commissioner where applicable and all orders shall contain a signature line for approval of entry.

vi). Nonjury cases will be assigned for trial only upon motion at the call of the Motion Docket, or at pre-trial conferences, at which time the Court shall be informed of the probable duration of the trial and any conflicting trial obligations of counsel for the parties.

vii). Substitution of counsel or withdrawal of counsel from any proceeding may be by: 1) an Agreed Order which names the “new” counsel and is signed by all parties; or, 2) leave of Court upon proper motion with notice to all parties. “New” counsel shall file an entry of appearance in the record immediately upon being retained.

i). A party seeking a judgment by default under CR 55.01 shall file a written motion therefor. The motion shall be accompanied (a) by a certificate of the attorney that no papers have been served upon the attorney by the party in default, the date and method by which the party in default was served and (b) by an affidavit stating whether the party in default is in the military service.

ii). If the party in default has failed to appear in the action, the motion need not appear on the motion docket and no notice thereof need be given the party against whom judgment by default is sought. To submit an action for judgment against a party in default for failure to appear, the party seeking the judgment shall place the entire record of the action, the motion and the proposed judgment, in the Judge's orders/judgments box in the Clerk's office.

iii). If the party in default has appeared in the action, the motion shall appear on the motion docket and the party in default, or if the party is appearing by representative, the party's representative, shall be served with written notice of the motion at least three (3) days prior to the hearing thereon. If the action is ordered submitted at the hearing the party seeking the judgment shall place the entire record of the action and the proposed judgment in the Judge's orders/judgments box in the Clerk's office.

i). If an agreed order, signed by counsel for all parties affected, relating to a motion appearing on the Motion Docket is submitted to the Clerk prior to the call of the Motion Docket, counsel need not attend the call of the Motion Docket. The agreed order shall set forth the basis for the order.

ii). Out-of-Court resolution of discovery disputes may be effectuated, if desired, by submitting to the Court an agreed order signed by counsel for all parties affected by the order. No supporting motion is necessary, and the matter need not be placed on the Motion Docket.

i). The Clerk shall keep a Motion Docket on which he or she will docket all motions assigned for hearing on each Motion Day, either by Court order or by notice duly served.

ii). Every motion, except as otherwise provided herein, and other than ones which may be heard ex parte, shall appear on the Motion Docket. However, no motion or action shall be heard on Motion Day unless the motion is filed with the appropriate Court Clerk before 4:00 P.M. on the Monday preceding the Motion Day designated on the notice in Shelby County, the Thursday preceding the Motion Day designated on the notice in Anderson County, and the Friday preceding the Motion Day designated on the notice in Spencer County, except by leave of Court.

iii). The Motion Docket will be called and heard in the order docketed, unless otherwise ordered. When the case is called, participating counsel shall stand in place, answer the call, announce their appearances for the record, and advise the Court if a hearing is necessary in the matter. If a hearing is necessary, the case shall be passed to the second call of the docket, or to such time as the Court may direct.

iv). It is the obligation of attorneys scheduled to appear at a given motion hour to ascertain whether the motion hour has been canceled or rescheduled by the Court.