Rule 304 Motion practice
Baldwin's Kentucky Revised Statutes Annotated30th Judicial District - Jefferson District Court
KY JDR Rule 304
Rule 304 Motion practice
A. In accordance with CR 78, each Friday shall be known as Motion Day. Motions shall be docketed for 10:30 a.m. in Division I and 11:00 a.m. in Division II, or at such other times designated by the Chief District Court Judge, with reasonable notice to the bar. All times and locations are subject to change. A current schedule is available at the District Court Administrator's Office. All motions to be heard at motion hours shall be filed and clocked no later than noon on the preceding Wednesday, with service of copies to be mailed by Tuesday or hand-delivered by noon on Wednesday. Unless otherwise ordered by the Court, motions filed after noon on such Wednesday shall be automatically passed to the next following motion hour.
Upon written notice to the clerk requesting a trial assignment date, the clerk of Civil Division II shall give trial dates of Mondays between the hours of 9:00 a.m. and 3:30 p.m., and the clerk of Civil Division I shall give trial dates of Tuesdays between the hours of 9:00 a.m. and 3:30 p.m. If an objection is raised by any party as to the assignment of a trial date, the motion shall be continued to the next regularly scheduled motion hour.
D. Motions may be made orally during the progress of trial. All other motions must be in writing. Motions to dismiss, motions for summary judgment and motions for judgment on the pleadings shall not be noticed for hearing; but, where appropriate, shall be filed along with affidavits, exhibits, and/or a memorandum of authorities. Opposing party's response time shall be twenty (20) days from the certification date on the motion. At the expiration of the twenty (20) day period, either party may submit the case for final adjudication by issuing AOC Form 280 “Notice of Submission of Case for Final Adjudication.” Counsel, or the Court on its own motion, may request oral argument.
Failure to file affidavits, exhibits and/or a memorandum of authorities by either party may be grounds for denying or granting the motion. Any matter under submission to a Judge will be decided by that Judge even though the Judge may rotate to another division. Matters under submission shall include any matter taken under submission by a particular Judge and those matters where an AOC Form 280 “Notice of Submission of Case for Final Adjudication” has been filed with the clerk prior to the Judge rotating from that division.
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Credits
HISTORY: Approved effective January 14, 2008; approved effective January 1, 2004; amended effective May 1, 1998; approved January 30, 1997.
Jefferson District Court Rule 304, KY R JEFFERSON DIST CT Rule 304
Current with amendments received through November 15, 2023. Some rules may be more current, see credits for details.
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