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Rule 4 Motions

Baldwin's Kentucky Revised Statutes Annotated57th Judicial District - Nelson District Court

Baldwin's Kentucky Revised Statutes Annotated
57th Judicial District - Nelson District Court
KY RNDC Rule 4
Rule 4 Motions
401. Motions shall be heard on the days and times set forth on the Court calendars which shall be promulgated regularly.
402. Motions involving an emergency which may cause irreparable harm or injury to persons or property if the motion is delayed until the next scheduled motion hour, may be heard when the Court's schedule permits and with prior oral approval of the Court. In such instances the Court will make the decision as to whether or not the issue constitutes an emergency. Any motions heard under this rule shall contain a certification by the moving party that reasonable efforts were made to give the opposing party notice and an opportunity to be heard.
403. All motions to be made at the date and time set forth in Rule 401 shall be filed in the Clerk's office six (6) days preceding the motion docket for which the motion is set. Each motion shall be served on opposing counsel or a party, if not represented by counsel.
404. All motions shall be separately paragraphed and separately numbered.
405. Unless otherwise agreed in advance, any motion requiring an evidentiary hearing shall be initially noticed and set on a regularly scheduled Motion Hour before the Judge to hear the motion. Witnesses need not be present. The Court will schedule an appropriate date and time to hear the motion.
406. In criminal matters, any motion regarding defenses, objections and requests that must be made before trial pursuant to RCr 8.18 must be raised at least fourteen (14) days prior to the jury trial and will not be heard on the trial date except for good cause shown.
407. Only one copy of a motion and/or attached judgment/order shall be tendered to the Court.
408. A pre-trial hearing to suppress evidence will be set only after the filing of a written motion that specifically identifies the factual and legal issues that could justify suppression of evidence.

Credits

HISTORY: Amended effective July 21, 2016. Prior amendments effective October 12, 2001.
Nelson District Court Rule 4, KY R NELSON DIST CT Rule 4
Current with amendments received through November 15, 2023. Some rules may be more current, see credits for details.
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