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Rule 3 Motion and motion docket

Baldwin's Kentucky Revised Statutes Annotated13th Judicial District - Garrard, Jessamine and Lincoln District Courts

Baldwin's Kentucky Revised Statutes Annotated
13th Judicial District - Garrard, Jessamine and Lincoln District Courts
KY RGSD Rule 3
Rule 3 Motion and motion docket
Form of Motion and Docketing.
A. Written motions, other than those that may be heard ex parte, and notice of the hearing thereof, shall be personally delivered at least three (3) days before the time specified for the hearing, unless a different period is fixed by the Rules of Civil Procedure, these Rules, any applicable statute, or by Court order.
B. The Clerk shall keep a motion docket on which he/she will docket in order, all motions assigned for hearing on each motion day, either by Court order or by notice duly served. This motion docket will be called on motion day and, unless otherwise ordered, the motions will be heard in the order docketed.
C. Every written motion, other than ones which may be heard ex parte, shall appear upon the motion docket, provided that any motion which is accompanied by an agreed order signed by counsel for all parties affected by the order shall not appear on the motion docket. 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 statement of the grounds for the motion with citation of authorities relied upon. Failure to file a statement of grounds with supporting authorities may be grounds for overruling said motion. Any party properly served with a motion accompanied by a statement of grounds and authorities, shall file a response containing a statement of grounds for opposing the motion, with citation of supporting authorities. Such response shall be filed at or prior to the time specified in the notice of hearing of the motion. Failure to file a response may be grounds for sustaining the motion, but the time for filing a response may be extended for good cause shown.
D. If an agreed order signed by counsel for all parties affected is submitted to the Clerk prior to the call of the motion docket, counsel need not attend the call of the motion docket.
E. Non-jury cases will be assigned for trial only upon motion, at which time the Court shall be informed of the probable duration of the trial and any conflicting obligations of counsel for the parties.
F. At the time motions are called or heard, the record shall be tendered to the Court together with such proposed orders as the attorneys in the case think are proper.
G. Juvenile Case. Any motions to be heard in juvenile matters must be written and filed of record on or before seven (7) days prior to the date of the requested hearing, with proper notice to all interested parties.
H. Forcible Detainers. All forcible detainer cases must be filed with the Jessamine District Clerk's Office on or before 12:00 p.m. on the Friday before the next Thursday forcible detainer docket in order to be scheduled for that next Thursday hearing date. Any cases filed after 12:00 p.m. the Friday before the next forcible detainer docket shall be scheduled for the second next Thursday.
All forcible detainer cases must be filed with the Garrard and Lincoln District Clerk's Office on or before 12:00 p.m. on Monday a week prior to the Monday docket to be heard. Any cases filed after 12:00 p.m. shall be placed on the next second Monday.
I. Probate Case. All probate petitions and/or motions shall be filed with the Jessamine District Clerk's Office on or before 12:00 p.m. the Wednesday directly prior to the Thursday morning hearing date, unless a different period is fixed by the Rules of Civil Procedure, any applicable statute, or by Court order.
J. Regular weekly court schedules for Garrard, Lincoln and Jessamine County are attached to these Rules as Appendix A, B, and C, respectively.

Credits

HISTORY: Amended effective January 10, 2008; March 5, 2013; June 9, 2014.
Garrard and Jessamine District Court Rule 3, KY R GARRARD JESSAMINE DIST CT Rule 3
Current with amendments received through November 15, 2023. Some rules may be more current, see credits for details.
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