Rule 6. Motion practice--all divisions
Baldwin's Kentucky Revised Statutes Annotated9th Judicial District - Hardin District Court
KY RHDC Rule 6
Rule 6. Motion practice--all divisions
6.01. Direct Submissions. Any motion accompanied by an “Agreed Order”, any motion for a default judgment, Informal Final Settlement, uncontested probate motion, uncontested name change, or any motion for a hardship drivers license or IIL/IID may be filed with the District Clerk and sent directly to the presiding Judge for review and submission. All other motions must be noticed for a hearing at Motion Hour pursuant to the type of case to be heard: Criminal HDR 4.02, Civil HDR 5.02, Probate HDR 9.01, Juvenile HDR 10.01, Guardianship, Mental and Disability HDR 12.02.
6.04. Tendered Orders Required. No motion, including Motions to Suppress, Motions to Dismiss, and Motions for Bond Assignment, will be heard by the Court unless same is accompanied by a tendered order which the movant desires the Court to enter. Motions to Suppress and Motions to Dismiss shall be accompanied by tendered Findings of Fact and Conclusions of Law. Other Motions shall be accompanied by Findings of Fact and Conclusions of Law if such Findings and Conclusions are required by law to be made or by order of the Court. Opposing counsel shall likewise tender its requested Order for the Court's review, prior to the date the motion is to be heard by the Court.
6.05. Hearings. Any hearing required pursuant to a motion will, at the calling of the motion, be heard at said time or assigned to a date and hour for hearing. Except for good cause shown, any motion requiring a hearing of more than 15 minutes or requiring witness testimony may be assigned for hearing at a specific time.
6.06. Incorrect Case Name or Number. Any motion which is filed where the case number cited by the attorney does not correspond with the case name on file with the District Clerk's office shall be clocked in, but will be voided and returned to the attorney without placing on a docket for court review or action, noting that the matter was not placed on the docket as requested and the specific reason therefore; (e.g. “Unable to docket: case number does not match defendant name in KYCourts.”) It is not the responsibility nor authority of the Clerk/deputy clerk to correct any errors in case numbers or case names on motions filed by attorneys.
6.07. Fax Transmissions. Fax transmissions are not acceptable as court filings. All motions must be filed by hard copy with original signatures to the District Clerk in order to be considered as filed and be placed on a court docket. Fax transmissions may be accepted in lieu of any telephonic conversations otherwise acceptable (e.g. first telephonic request for one week continuance of arraignment, notice of eviction settlement.). Simple requests by Defendants to re-docket a case may be faxed or electronically transmitted to the Clerk's office. This rule does not preclude any electronic filing available to our statewide Kentucky Courts.
Credits
HISTORY: Amended effective March 1, 2022. Prior amendments effective July 22, 2016; March 6, 2007.
Hardin District Court Rule 6, KY R HARDIN DIST CT Rule 6
Current with amendments received through September 15, 2024. Some rules may be more current, see credits for details.
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