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Rule 6 Pre-trial conference in civil cases

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 6
Rule 6 Pre-trial conference in civil cases
A. Pre-trial conferences shall be held as a matter of course in all jury actions and upon the motion of either party or upon the Court's own motion in all other actions.
B. Pre-trial conferences in all jury actions shall be assigned to be held at such times as shall be designated by the Court. The attorney attending the pre-trial conference shall be familiar with the case and shall be prepared and authorized to make such arguments, stipulations and decisions as may be required during the said conference.
C. Except for good cause shown, before a case is heard at the pre-trial conference, the parties shall comply with the following:
1. Pleadings completed and issues made up.
2. Discovery proceedings complete or scheduled.
3. At or before the pre-trial conference submit written instructions incorporating the parties then understanding of the issues and the law.
4. Be prepared to stipulate certain facts as to admissibility of certain documents or other evidence, or withdraw certain allegations or defenses appearing in the pleading whenever possible and if same can be done without prejudice to the presentation of the case by either, party.
5. In tort actions involving personal injury, be prepared to exchange such medical reports and copies of medical bills or evidence of special damages as are subject to discovery under the Rules of Civil Procedure.
D. If a pre-trial order is not entered at the time, the attorneys shall be responsible for preparation and submission of a pre-trial order, incorporating the Court's rulings, agreements or stipulations of the parties and any matter designated by the Court not later than ten days following the pre-trial conference. The Court may require each party to submit a trial brief, consisting of a short memorandum of his view of the facts and law on which he will reply and, if so, the Court shall fix the time for filing such briefs in the pre-trial order.
E. At the pre-trial conference, any action may be assigned or re-assigned to a definite date for trial and the Court shall consider the following:
1. If the Court feels after a request for a jury trial that a case is not proceeding to disposition the Court may order an expediting conference and set time limitations.
2. If the parties have not complied with the provisions of these rules, the Court may decline to set the case for trial, refuse to continue the trial of the case, or take such other action as may be deemed appropriate.
3. Cases that have been previously assigned for trial and continued shall not be given preference as to trial date, except in those cases where good cause appears for giving such preference.

Credits

HISTORY: Amended effective March 3, 1989.
Perry Circuit Court Rule 6, KY R PERRY CIR CT Rule 6
Current with amendments received through November 15, 2023. Some rules may be more current, see credits for details.
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