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Rule II Motion practice

Baldwin's Kentucky Revised Statutes Annotated12th Judicial Circuit - Henry, Oldham and Trimble Circuit Courts

Baldwin's Kentucky Revised Statutes Annotated
12th Judicial Circuit - Henry, Oldham and Trimble Circuit Courts
KY HOTC Rule II
Rule II Motion practice
Currentness
2.1 MOTION DAYS
Motion Days are classified as Civil and Criminal and, as a general rule, are held within each county within the Circuit on the following schedule:
(A) CIVIL MOTION DAYS
(1)
Henry:
9:00 a.m.
2nd Thursday, 4th Friday
(2)
Oldham:
1:00 p.m.
1st, 2nd, 4th Fridays
(3)
Trimble:
9:00 a.m.
1st Friday
1:00 p.m.
3rd Thursday
(B) CRIMINAL MOTION DAYS: (all held in originating county unless otherwise specified)
(1)
Oldham:
9am & 1pm 1st Thursday (PTC, Pleas, Rocket Docket); 9 a.m. only 4th Thursday (ARR, MTR & State inmates)
(2)
Henry:
9am & 1pm 2nd Thursday
(3)
Trimble:
9 a.m. only 3rd Thursday
(C) CRIMINAL COURT EVENT SCHEDULE GUIDELINE
Day
Location
Time
Type of actions to be heard
1st Thursday:
OLDHAM
9:00 & 1:00
Pretrial Conferences, Guilty Pleas and/or Sentencings Rocket Docket
All other motions not listed under 4th Thursday (unless as a companion case to a newer indictment with ongoing pretrial conferencing)
2nd Thursday
HENRY
9:00 & 1:00
all cases
3rd Thursday
TRIMBLE
9:00 only
all cases
4rd Thursday
OLDHAM
9:00 only
All state institution inmates Arraignments
Motions to Revoke/Void
Motions for Destruction/Forfeiture
Motions for Shock Probation
NO Pretrial Conferences (aside from state inmate cases) Show causesi
2.2 TIME CALCULATIONS: Unless otherwise specified, all days are calendar days.
2.3 MOTION RULES
(A) All motions shall be scheduled for Motion Day, except as follows:
(1) Motions for default judgment.
(2) Prisoner cases.
(3) Motions for the Court in which all parties waive service and notice requirements under CR 53.06.
(B) All other motions and notice thereof shall be “served” at least (7) days prior to the time specified for the hearing/motion hour, except for good cause shown. Motions shall be “filed” no later than 4:00 p.m. per the following schedule:
(1) For Motion Hour on a Monday, the preceding Wednesday;
(2) For Motion Hour on a Tuesday, the preceding Thursday;
(3) For Motion Hour on Thursday, the preceding Monday;
(4) For Motion Hour on Friday, the preceding Tuesday.
In the event the Courthouse is closed on the any of the above days, for holiday or other reasons, by 4:00 p.m. the next business day.
(C) No pleadings shall be “faxed” to the Circuit Clerk and the Clerk is instructed not to accept faxed pleadings.
(D) if counsel is directed to prepare an order, it shall be done and left at the Clerk's office within ten (10) days of the ruling.
(E) Criminal motions shall be filed in the appropriate county and heard in that county unless otherwise ordered by the Court. All Henry & Trimble Criminal Motions shall be copied to the Court's office at: 100 W. Main Street LaGrange, KY 40031.
(F) Civil motions shall be docketed and heard in the county where the action is filed unless:
(1) The matter is of an emergency nature and pre-approved with the court;
(2) The Court orders otherwise.
(G) Counsel shall attach a Proposed Order with regard to any motion filed.
2.4 SUMMARY JUDGMENT MOTIONS, MOTIONS TO DISMISS, MOTIONS TO STRIKE, AND RULE 12.02 MOTIONS
(A) Motions to dismiss, for judgment on the pleadings and for summary judgment shall be filed with a memorandum of authority. An opposing party shall have twenty (20) days from the filing date on the motion in which to respond. Reply within seven (7) days by the Movant. No further pleadings shall be allowed without leave of the Court or agreement of record of all parties. Prior to notice of submission, counsel may request oral argument by motion. Counsel shall then issue Form AOC 280, Notice of Submission of Case for Final Adjudication, at which time the case shall stand submitted. The Clerk shall bring the case to the Court's attention.
(B) This rule shall not apply to motions to dismiss prisoner cases, which shall be submitted directly to the Court pursuant to Rule 2.2 (A)(2).
2.5 DEFAULT JUDGMENT MOTIONS
(A) Default judgment motions shall be filed in accordance with the Rules of Civil Procedure. Appearance in court by counsel is not required on these motions.
(B) In regards to Military Affidavits, the Court will accept only an affirmative statement as to military service, which complies with the Service Members' Civil Relief Act, 50 U.S.C. App. 501 et.seq.
2.6. DISCOVERY, DEPOSITIONS AND CASE LAW.
(A) None of the following pleadings, papers, or portions thereof, shall be filed with the clerk unless filing is in accordance with the exceptions found CR 5.06(2) and CR 5.06(3):
1. Interrogatories propounded under CR 33 and responses thereto.
2. Requests for Production or Inspection made under CR 34 and responses thereto.
3. Requests for Admission under CR 36 and responses thereto.
4. Medical Records.
(B) Originals of depositions shall not be filed in the Court record. The attorney who noticed the taking of a deposition shall be custodian of the record for the original deposition (and video tape, if one is taken), and shall present it when directed by the Court or any party involved in the proceedings. Relevant pages of a condensed deposition transcript shall be filed in the record if the deposition is the subject of any motion before the Court.
(C) The use of video-taped depositions at trial is permitted pursuant to Kentucky Rules of Civil Procedure, provided the videography is performed by a certified court reporter/videographer.
(D) Case law may be tendered to the Court, although the Clerk shall not file it in the record as an “attachment” unless the Court specifically orders it.

Credits

HISTORY: Amended effective April 10, 2017. Prior amendments effective November 19, 2008; May 21, 2012; February 10, 2015.
Henry, Oldham and Trimble Circuit Court Rule II, KY R HENRY CIR CT Rule II
Current with amendments received through November 15, 2023. Some rules may be more current, see credits for details.
End of Document