Home Table of Contents

Rule 1. Motion days and motions

Baldwin's Kentucky Revised Statutes Annotated39th Judicial Circuit - Breathitt, Powell and Wolfe Circuit Courts

Baldwin's Kentucky Revised Statutes Annotated
39th Judicial Circuit - Breathitt, Powell and Wolfe Circuit Courts
KY BPWC Rule 1
Rule 1. Motion days and motions
The following applies to all motions in either civil or criminal matters, except those permitted by law to be heard ex parte.
A. Wolfe County Civil and Criminal Motion days shall be heard on the first and third Monday of each month.
B. Powell County Civil and Criminal Motion days shall be heard on the first and third Wednesday after the first Monday of each month.
C. Breathitt County Civil and Criminal Motion days shall be heard on the first and third Friday after the first Monday of each month.
The Civil Motion hour will begin at 9:00 a.m. and the Criminal Motion hour will begin at 10:00 a.m. or directly after the Civil Motion hour has finished.
D. The Clerk shall keep a motion docket in which there shall be docketed, in order, all motions filed with the clerk no later than 3 business days prior to the Court's Motion day. Any motions filed thereafter shall be docketed on the following motion day unless otherwise agreed to by the parties. On the call of the motion docket, the Court shall either rule on a motion, set it for a hearing date, or continue it to the following motion day.
E. At the time notice of the motion is served on the adverse party, a copy of the notice and motion shall also be furnished to the Judge of the Court at her address of 1131 Main Street, Suite 3, Jackson, KY 41339 or via electronic mail at lisawhisman@kycourts.net (if counsel feels motion will be contested), and proof of service on the Judge should be listed on the Certificate of Service. Failure to furnish such a copy shall be cause for the Court to delay hearing of said motion until the next motion day, if the Court so desires.
F. There shall be filed with each motion a brief statement of the grounds therefore with citations of authorities relied upon, which may be set forth in the body of the motion, if the pleader so desires. If a party desires to respond or if the Court orders a response, the response to any motion shall be in similar form and shall be filed with the Clerk prior to the date set for the hearing of the motion unless a different time is fixed by the Court.
G. If a party is properly noticed for a motion and is absent at the hearing of the motion without making proper arrangements for such absence, the Court may rule on such motion even in the absence of such party, although the Court may consider a properly filed memorandum in lieu of such party's presence.
H. All motions, including motions for summary judgment but excluding motions to set a pretrial conference or trial date, shall be filed with the tender of a proposed order in conformity therewith including such Orders that require findings of fact and conclusions of law. Such orders shall be by separate styled instruments and not on the same page as the motion. This is not intended to delegate the Court's decision-making power but will be used solely for information and as a guide.

Credits

HISTORY: Amended effective July 12, 2021. Prior amendments effective February 27, 2019. Effective May 15, 2008.
Breathitt, Powell and Wolfe Circuit Court Rule 1, KY R BREATHITT CIR CT Rule 1
Current with amendments received through November 15, 2022. Some rules may be more current, see credits for details.
End of Document