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Rule 1 Motion practice

Baldwin's Kentucky Revised Statutes Annotated36th Judicial Circuit - Knott and Magoffin Circuit Court

Baldwin's Kentucky Revised Statutes Annotated
36th Judicial Circuit - Knott and Magoffin Circuit Court
KY RKMC Rule 1
Rule 1 Motion practice
1.01 Rule Day
With the exception of legal holidays and unless otherwise ordered by the Court, motion hour shall be held on the First and Third Thursdays of each month in Magoffin County and the Second and Fourth Thursdays of each month in Knott County commencing at the hour of 10:00 A.M. The Court shall first call the entire motion docket, at which time, counsel shall advise the Court as to whether a pending motion requires an oral argument or evidentiary hearing. Those motions requiring neither oral argument nor evidentiary hearing shall be ruled upon during the first call. Thereafter, the docket shall be recalled for those cases requiring oral arguments or evidentiary hearings.
1.02 Miscellaneous Motions
(A) Motions to dismiss, for judgment on the pleadings and for summary judgment, shall not be noticed for a hearing but shall be filed with a memorandum of authority. An opposing party shall have ten (10) days from the certification date on the motion in which to respond. No reply shall be allowed without leave of the Court or agreement of all parties. Prior to notice of submission counsel may request oral argument by motion. Counsel shall then issue a Notice of Submission of Case for Final Adjudication at which time the case shall stand submitted.
(B) Failure to file memorandum of authorities by either party may be grounds for granting cr denying the motion.
1.03 Time of Filing
Except in extraordinary cases upon good cause shown, only those motions which have been filed with the Knott or Magoffin Circuit Clerk and opposing counsel on or before the close of business hours on Monday preceding the Thursday Rule Day shall be heard. All motions filed thereafter shall be passed to the next following scheduled Rule Day of the Court. Any response to properly filed motions must be filed with the Knott or Magoffin Circuit Clerk and delivered to opposing counsel at least twenty-four (24) hours before the time said motion is scheduled for a hearing.
1.04 Place of Hearings
All motions and other hearings in the cases of this Court shall be heard or held in the Circuit Courtroom, located in the county in which the case is pending, except in cases requiring immediate, extraordinary relief or in other cases for good cause demonstrated through appropriate affidavits, hearings may either be held at Hindman, Kentucky; Salyersville, Kentucky, or such other places as the Court may direct.

Credits

HISTORY: Effective May 8, 1996.
Knott and Magoffin Circuit Court Rule 1, KY R KNOTT MAGOFFIN CIR CT Rule 1
Current with amendments received through November 15, 2023. Some rules may be more current, see credits for details.
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