Rule 2 Court scheduling/motion hour/procedures for filing--civil cases
Baldwin's Kentucky Revised Statutes Annotated34th Judicial Circuit - Mccreary and Whitley Circuit Courts
KY RMWC Rule 2
Rule 2 Court scheduling/motion hour/procedures for filing--civil cases
DIVISION I:
WHITLEY--9:00 A.M.--FIRST (1ST) MONDAY OF EACH MONTH
McCREARY--9:00 A.M.--FOURTH (4TH) MONDAY OF EACH MONTH
DIVISION II:
WHITLEY--9:00 A.M.--THIRD (3RD) MONDAY OF MONTH
McCREARY--9:00 A.M.--SECOND (2ND) MONDAY OF EACH MONTH
In the event a motion day falls on an observed holiday, it shall be held on Tuesday immediately following the scheduled Monday motion day.
DIVISION I:
WHITLEY--9:00 A.M.--TO BE HELD ON THE THURSDAY IMMEDIATELY FOLLOWING THE REGULAR DIVISION I MOTION DAY
DIVISION II:
WHITLEY--9:00 A.M.--TO BE HELD ON THE THURSDAY IMMEDIATELY FOLLOWING THE REGULAR DIVISION II MOTION DAY
202.1 A party desiring assignment of a civil jury trial date shall file a motion for a pre-trial conference/trial. Civil Trials shall be assigned for a date certain during a civil session month. For Whitley County the civil session months are February, April, June, August, October and December. For McCreary County the civil session months are January, March, May, July, September, and November.
A. Written motions, other than those that may be heard ex parte, and notice of the hearing thereof, shall be filed with the Clerk at least five days before the time specified for the hearing unless a different period is fixed by the Rules of Civil Procedure, any applicable statute, or by Court order.
C. 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 filed at least 10 days prior to motion hour and accompanied by a brief memorandum of the grounds for the motion with citation of authorities relied upon, but not greater than 25 pages in length. Failure to file a memorandum of grounds with supporting authorities may be grounds for overruling the motion. Any party properly served with a motion accompanied by a memorandum of grounds and authorities shall file a response containing a memorandum of grounds opposing the motion, with citation of supporting authorities, but not greater than 25 pages in length. Such response shall be filed at least 72 hours prior to the time specified in the notice of hearing of the motion. Failure to file a timely response may be grounds for sustaining the motion, but the time for filing a response may be extended upon oral or written motion for good cause shown, including such factors as the length and complexity of the motion and supporting memorandum. Any reply memorandum shall be limited to 5 pages in length and must be filed 24 hours before the hearing.
E. A motion to compel discovery, for a protective order, or for sanctions, may be filed pursuant to CR 26 and/or CR 37 only if counsel are unable to resolve between themselves the discovery dispute. Counsel has the duty to make a good faith effort to resolve any disputes which arise in the course of discovery. The moving party shall attach to the motion a certification of counsel that counsel has conferred and that they have been unable to resolve their differences. The certification should detail the attempts of counsel to resolve the dispute.
C. The Motion Docket will be called on Motion Day and, unless otherwise ordered, the motions will be heard in the order docketed. When at Motion Day, the case is called, participating counsel shall stand in place, answer the call, and advise the Court if a hearing is necessary in the matter. If a hearing is necessary, the case shall be assigned for a date and time certain.
205.1 If an agreed order, signed by counsel for all parties affected, relating to a motion appearing on the Motion Docket is submitted to the Clerk prior to the call of the Motion Docket, counsel need not attend the call of the Motion Docket. The agreed order shall set forth the basis for the order.
206.1 When a ruling is made or opinion rendered, a proposed order or judgment in conformity therewith shall be presented to the Court with a copy simultaneously remitted to opposing counsel. If a party is not represented by counsel, then the copy shall simultaneously be remitted to said party's address of record.
206.2 When signed by the Judge, the order or judgment shall be delivered to the Clerk for entry. Counsel preparing the order or judgment shall also deliver to the Clerk a sufficient number of copies together with properly addressed stamped envelopes to permit the Clerk to complete service thereof when required by CR 77.04. Counsel may waive service of any order or judgment, and notice of entry.
207.1 A party seeking a judgment by default under CR 55.01 shall file a written motion. The motion should certify that the opposing party has been served with process and has served no papers upon the moving attorney. The motion should also state whether the opposing party is in the military service.
208.1 All motions, pleadings, and orders shall be typewritten or electronically printed, on 16 pound or heavier, white, opaque, unglazed paper, 8 1/2 by 11 inches. Orders shall not contain the letterhead of counsel in any margin. All motions, pleadings, and orders shall be double spaced, except legal descriptions of real property. All motions pleading, and orders shall be written with type never smaller than pica, and larger type is preferable, especially in briefs.
209.2 When answering interrogatories or requests for admission, the replying party shall, as a part of his answer, set forth immediately preceding the answer the question or the request made with respect to which such answer is given whether or not the interrogatories or requests are to be filed with the Court.
Credits
HISTORY: Adopted effective August 4, 2017.
McCreary and Whitley Circuit Court Rule 2, KY R MCCREARY WHITLEY CIR CT Rule 2
Current with amendments received through November 15, 2023. Some rules may be more current, see credits for details.
End of Document |