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Rule 7 Motions

Baldwin's Kentucky Revised Statutes Annotated33rd Judicial Circuit - Perry Circuit Court

Baldwin's Kentucky Revised Statutes Annotated
33rd Judicial Circuit - Perry Circuit Court
Rules of Practice of the Perry Circuit Court
KY RPER Rule 7
Rule 7 Motions
A. Form of Motion.
1. Written motions, other than those that may be heard ex parte, and notice of the hearing thereof, shall be served by delivery at least three days before the time specified for the hearing unless a different period is fixed by the Rules of Civil Procedure, any applicable statute, or by Court order.
2. All motions going to the merits of the case, including motions to dismiss, motions for summary judgment, motions to strike, and motions under CR 12.02 shall be accompanied by a brief memorandum of the grounds for the motion with citation of authorities relied upon, but not greater then 25 pages in length. Failure to file a memorandum of grounds with supporting authorities may be grounds for overruling the motion. Any party properly served with a motion accompanied by a memorandum of grounds and authorities shall file a response containing a memorandum of grounds for opposing the motion, with citation of supporting authorities, but not greater than 25 pages in length. Such response shall be filed at least 24 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. Any reply memorandum shall be limited to 5 pages in length.
3. 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 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 counsel have conferred and that they have been unable to resolve their differences. The certification should detail the attempts of counsel to resolve the dispute.

Credits

HISTORY: Amended effective March 3, 1989.
Perry Circuit Court Rule 7, KY R PERRY CIR CT Rule 7
Current with amendments received through November 15, 2023. Some rules may be more current, see credits for details.
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