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Rule 2.02 Rule day/motion hour and motion practice

Baldwin's Kentucky Revised Statutes Annotated9th Judicial Circuit - Hardin Family Court

Baldwin's Kentucky Revised Statutes Annotated
9th Judicial Circuit - Hardin Family Court
Hfcrpp 2. Court Scheduling / Motion Hour / Procedures for Filing
KY RHFC Rule 2.02
Rule 2.02 Rule day/motion hour and motion practice
A. Motion Hour for Domestic Relations cases:
1. Rule Day/Motion Hour for Division I involving Domestic Relations cases shall begin at 11:00 a.m. each Tuesday except the fifth Tuesday of any given month and during the months of July and December when Rule Day/Motion Hour will be held only on the first and second Tuesdays of the month.
2. Rule Day/Motion Hour for Division IV involving Domestic Relations cases shall begin at 11:30 a.m. each Tuesday except the fifth Tuesday of any given month and during the months of July and December when Rule Day/Motion Hour will be held only on the first and second Tuesdays of the month.
3. Fifteen (15) minute hearings will begin at 1:00 p.m. on Tuesdays for motions filed for both Division I and Division IV. All matters requiring more than 15 minutes shall be scheduled for a date certain other than motion day by the presiding Family Court Judge or by the Judge's staff to promote judicial economy.
B. Motion Practice for Domestic Relations Cases
1. Any motion accompanied by an “Agreed Order” and any motion for default judgment may be filed with the Clerk and sent directly to the presiding Family Court Judge for his or her signature. All other motions must be noticed for a hearing at Motion Hour on a Rule Day, except for those contempt matters applying to HFCRPP 2.05.
2. Each motion to be heard on a Motion Day shall be filed with the Clerk no later than 3:00 p.m. on the Wednesday immediately preceding the Motion Day for which the motion has been noticed. Any motion filed after 3:00 p.m. may be placed on the docket at the discretion of the presiding judge. Each motion shall be served upon opposing counsel, or party not represented by counsel and entitled to notice, no later than midnight on the Wednesday immediately preceding the Rule Day for which the motion has been noticed. “Service” shall be as described in CR 5.02 or by placing a copy of the motion in the mail slot allotted to that opposing counsel in the Clerk's office located in the Hardin County Justice Center. All post-judgment motions must be served upon the opposing party.
3. Each notice shall state therein, in general terms, the subject matter of the motion and the action of the Court requested by the movant.
4. No motion will be heard by the Court unless same is accompanied by a tendered order which the movant desires the Court to enter and by tendered Findings of Fact and Conclusions of Law if the requested order will be a final and appealable order and such Findings and Conclusions are required by law.
5. Any “Agreed Order,” except one dealing solely with a procedural matter such as the method of presenting proof, shall be accompanied by a proposed Findings of Fact, and Conclusions of Law, if involving a final and appealable matter or otherwise required by law.
C. Deadlines for Serving and Filing Motions
1. All contested domestic relations motions and hearings designated to be heard in the Family Court shall be filed with the Hardin Circuit Court Clerk assigned to Family Court, hereinafter referred to as “Clerk”.
2. All juvenile matters, paternity matters, and domestic violence matters shall be filed with the Clerk and scheduled according to the calendar established by the Family Court Judge or requested for immediate review by the Court in accordance with the Domestic Violence Protocol (Appendix No. 3) if involving Domestic Violence.
3. All matters involving paternity and child support connected with a paternity case/child support, juvenile status, dependent, neglected or abused, and domestic violence will be filed one week in advance of the docket set for such matters, unless good cause is shown and advance permission is obtained from the Family Court Judge. There will be no separate motion hour for these matters.

Credits

HISTORY: Amended effective February 6, 2014. Prior amendments effective March 30, 2012; April 16, 2009; January 10, 2005.
Hardin Family Court Rule 2.02, KY R HARDIN FAM CT Rule 2.02
Current with amendments received through November 15, 2023. Some rules may be more current, see credits for details.
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