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Rule 2 Court scheduling/motion hour/procedures for filing--civil cases

Baldwin's Kentucky Revised Statutes Annotated34th Judicial Circuit - Mccreary and Whitley Circuit Courts

Baldwin's Kentucky Revised Statutes Annotated
34th Judicial Circuit - Mccreary and Whitley Circuit Courts
KY RMWC Rule 2
Rule 2 Court scheduling/motion hour/procedures for filing--civil cases
201. REGULAR MOTION HOUR SCHEDULE--CIVIL.
201.1 CIVIL MOTION DAYS;
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.
201.2 DOMESTIC MOTION DAYS:
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. CIVIL PRETRIAL CONFERENCES AND TRIALS (INCLUDES ALL GENERAL CIVIL CASES)
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.
202.2 A pretrial conference shall be held as a matter of course in all jury actions, upon the motion of either party, in the Court's discretion, or upon the Court's own motion in any other action.
202.3 The attorney attending the pretrial conference shall be familiar with the case and shall be prepared and authorized to make such arguments, stipulations, and decisions as may be required.
202.4 Except for good cause shown, before a case is heard at the pre-trial conference, the parties shall:
A. Insure that the pleadings are completed and the issues identified.
B. Have scheduled or completed discovery, including the exchange of medical reports and medical bills, or evidence of special damages as are subject to discovery in personal injury actions.
C. Be prepared to stipulate the admissibility of documents or other evidence and to withdraw allegations or defenses if same can be done without prejudice to the presentation of the case.
202.5 A pretrial order will be entered by the Court setting out the Court's rulings and agreements and/or stipulations of the parties. The Court shall require the parties to submit a trial brief consisting of a short memorandum of the facts and law on which they will rely.
203. MOTIONS IN CIVIL CASES
203.1 FORM OF MOTION
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.
B. Unless otherwise noticed therein, each motion shall be assigned for hearing on the first Motion Day at which it can be lawfully heard under the rules of Civil Procedure, these Rules, or any applicable statute. The notice shall specify the date, time, and place for the hearing.
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.
D. Non-jury cases will be assigned for trial only upon motion at the call of the Motion Docket, at which time the Court shall be informed of the probable duration of the trial and any conflicting trial obligations of counsel for the parties.
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.
203.2 DOCKETING AND APPEARANCES
A. The Clerk shall keep a Motion Docket on which will be docketed all motions assigned for hearing on each Motion Day, either by Court order or by notice duly served. The Clerk will keep separate dockets for each Division.
B. Every motion, other than ones which may be heard ex parte, shall appear on the Motion Docket.
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.
204. PROPOSED ORDERS SHALL BE FILED AND SUBMITTED WITH A MOTION.
205. AGREED ORDERS
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.
205.2 Out-of-Court resolutions of discovery disputes may be effectuated by submitting to the Court an agreed order signed by counsel for all affected parties. No supporting motion is necessary and the matter need not be placed on the Motion Docket.
206. ENTRY OF ORDERS AND JUDGMENTS
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.
206.3 Proposed orders shall be filed and submitted with a motion.
206.4 In no event shall a tendered or proposed order or judgment contain the letterhead of a law firm on the judgment or order.
207. DEFAULT JUDGMENTS
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.
207.2 The motion shall be noticed for hearing and placed on the regular motion day docket. The party seeking the default judgment shall appear on the motion day that the motion is noticed to be heard.
208. MOTIONS, PLEADINGS, AND BRIEFS
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.
208.2 Unless otherwise permitted by order of the Court, the movant's brief or memorandum and the respondent's brief or memorandum shall be limited to 25 pages each. Reply briefs or memoranda shall be limited to 5 pages each.
208.3 Legal briefs shall be filed of record in the Clerk's office. Copies of cases cited therein shall NOT be filed, but shall be placed in the Judge's basket along with a copy of the legal brief.
209. ANSWERING AND FILING INTERROGATORIES OR REQUESTS
209.1 Interrogatories propounded under CR 33 and answers thereto, requests for production or inspection under CR 34 and answers thereto, and requests for admissions under CR 36 and answers thereto shall NOT be filed with the Court except as provided in CR 5.06 or upon order of the Court.
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.
210. ORDER OF SUBMISSION
210.1 Upon submission of any action to the Court for final Judgment, the parties shall prepare and present to the Court an Order of submission setting forth in particular the issue or issues on which the action is submitted.
210.2 An action shall be submitted only upon the entry of an order of submission. The order of submission, along with the record, shall be placed in the appropriate order/judgments basket in the Clerk's Office.
210.3 No further pleading, proof or briefs, unless ordered or allowed by the Court for good cause shown, shall be filed after the entry of the order of submission.
210.4 The Court may, but need not, pass upon any such action before such order of submission.
210.5 The conclusion date of a trial or hearing at which a commissioner or hearing officer presided shall be that date when an order of submission is entered by such commissioner or hearing officer.
210.6 In accordance with FCRPP 4(3) and KRS 454.350, the Court or Commissioner shall file an opinion or report within ninety (90) days of the entry of the order of submission.

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