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Rule 3. Motion practice

Baldwin's Kentucky Revised Statutes Annotated1st Judicial District - Ballard, Carlisle, Fulton and Hickman District Court

Baldwin's Kentucky Revised Statutes Annotated
1st Judicial District - Ballard, Carlisle, Fulton and Hickman District Court
KY FHDC Rule 3
Rule 3. Motion practice
301. All motions made outside a hearing or trial, other than uncontested incidental motions (e.g., but not exclusively, motions for scheduling, continuance, extensions of time, withdrawal, bond revocation without surety, or similar motions in open court), should be made in writing; and should be served on opposing parties not less than seven (7) days prior to the noticed hearing date, and filed no later than 4:00 p.m. on the service date. All such motions shall be served directly on the Court via electronic mail addressed to [email protected] at the time they are served on other parties.
302. All motions should be accompanied by a written, tendered order granting the relief sought in the motion, or a separate formal hearing other than the noticed date in the motion. Motions filed without a tendered order may be postponed by the Court to the next date the Court is in session in that Division of the First District.
303. Motions requiring an affidavit must either be verified, or filed with the required affidavit; and if they are not, such motions will be continued to, and the omitted item tendered by, the next date the Court is in session in that Division of the First District.
304. Motions requiring the presentation of formal evidence under oath (e.g., motions to suppress evidence, motions to qualify experts, motions in limine regarding trial evidence) will be scheduled by the Court on days reserved for trial (see Rule 208).
307. Special Rules for Default Judgments.
1. All motions for default judgment for claims involving liquidated damages shall be accompanied by a certificate comporting with Rule 11 and Rule 55 of the Kentucky Rules of Civil Procedure.
2. Notwithstanding the provisions of CR 55.01, no default judgment will be granted on proof of damages certified by a party's attorney, but must be:
i. sworn to by a person having personal knowledge (for example, an actual agent of a creditor in a debt collection case, or the party plaintiff); and
ii. the hearing of the motion must be attended by the moving party or the moving party's counsel, or an attorney engaged to cover for that party's counsel.

Credits

HISTORY: Adopted effective January 1, 2023.
Fulton and Hickman District Court Rule 3, KY R FULTON HICKMAN DIST CT Rule 3
Current with amendments received through November 15, 2023. Some rules may be more current, see credits for details.
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