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Rule 2 Court scheduling/motion hour/procedures for filing

Baldwin's Kentucky Revised Statutes Annotated15th Judicial Circuit - Carroll, Grant and Owen Circuit Court

Baldwin's Kentucky Revised Statutes Annotated
15th Judicial Circuit - Carroll, Grant and Owen Circuit Court
KY CGOC Rule 2
Rule 2 Court scheduling/motion hour/procedures for filing
201. REGULAR MOTION HOUR SCHEDULE
Regular Motion Days for the counties in the 15th Judicial Circuit are established by Administrative Order annually and that Order is available to Counsel through the Circuit Judge's Office or the Circuit Clerk's offices in Carroll, Grant & Owen Counties. The Domestic Relations Commissioner shall likewise set Motion Days annually by Order.
202. MOTION DAYS, NOTICE, AND MOTIONS IN GENERAL
A. All motions shall contain a notice of the date and time of the hearing on the motion. Motions not containing that notice will not be heard or filed by the Clerk. “Convenience of the Court” does not constitute notice.
All civil and criminal motions shall be noticed for hearing at 9:00 a.m. on Motion Day. However, the Court will call criminal matters docketed for arraignment, sentencing, and contempt of Court beginning at 8:30 a.m. The civil docket will then be called with criminal cases called immediately thereafter. All counsel for both dockets shall be present at 9:00 a.m., except for those who have items on the 8:30 a.m. criminal docket referenced above.
Uncontested adoption cases shall be set for hearing at 11:00 a.m. in Carroll and Grant Counties and at 10:00 a.m. in Owen County. Motions to set for final hearing or other motions related to the adoption proceeding shall be noticed for 9:00 a.m. If such motions involve confidential matters, counsel shall so advise the Court upon approaching the bench and the matter will then be heard outside the hearing of the public.
B. All motions, except those for summary judgment as noted below, must be filed by the close of business at least seven (7) days prior to the day it is to be heard, unless there is approval from the Court to file the motion after that time. Facsimile copies to the Clerk's office, the Judge's office and opposing counsel shall constitute filing under this rule. However, the facsimile copy shall be followed up with an original of the Motion so that the Clerk can substitute the original for the facsimile upon receipt. The facsimile copies shall only consist of the motion and not any exhibits, affidavits or copies of references as these items will be included with the original sent to the Clerk, opposing counsel, and to the office of the Judge as provided herein. If counsel chooses to use this faxing procedure rather than simple mailing, the certificate of service shall state that it was faxed and mailed on the date indicated.
C. Copies of all motions, responses to motions, replies and surreplies shall be mailed to the Circuit Judge at the Judge's office address, (Grant County Judicial Center, 224 South Main Street, Williamstown, KY, 41097). This copy to the judge shall be in addition to the original filed in the Circuit Clerk's Office.
D. All motions must be filed and will be heard only in the county where the case is pending, unless there is prior approval of the Court to hear the motion in another county.
E. Exhibits and affidavits necessary to the motion, response, reply or surreply must be filed with the motion, response, reply or surreply and copies sent to opposing counsel and to the Court.
F. All motions shall cite the grounds and authority for the relief requested and shall have attached to the copy sent to the Judge a copy of any primary cases or other references cited in the motion.
G. Counsel shall tender with the motion or on motion day a proposed order with each motion. The order shall be prepared on plain white 8 1/2″ x 11″ paper and shall not contain language such as “tendered by” but shall be suitable for the Court's signature without change. The order shall contain a certification of mailing of notice of entry for the Clerk under CR 77.04 and a distribution list with mailing addresses for the attorneys or parties listed.
The Clerk's Certificate shall state: “I certify that the above Order was entered and a filed copy of the Order mailed to the following persons this ___ day of __________, ___.
Clerk/Deputy Clerk
H. Pleadings, motions and other such documents shall contain the name, address and phone number, facsimile number and e-mail address of counsel. If there are several office locations, the address used by trial counsel shall be indicated.
203. GUARDIAN AD LITEM AND WARNING ORDER ATTORNEY MOTIONS AND FEES
A. In the event a party to a domestic relations case is incarcerated, a GAL shall be appointed and a fee assessed initially to the petitioner as costs.
B. A motion for guardian ad litem or substitute warning order attorney shall be compliant with the provisions of LR 202 above but counsel need not appear on the motion unless requested by the Court.
C. In Voluntary Termination of Parental Rights cases where the Cabinet for Health and Family Services is made custodian of the child, the GAL shall submit form FINGAL-1.
D. In Involuntary Termination of Parental Rights cases where the Cabinet for Health and Family Services is the proposed custodian of the child, the GAL shall submit form FINGAL-1.
E. In all other adoption or termination of parental rights cases where a Guardian ad Litem is requested by the Petitioner or otherwise required by statute, the Petitioner shall be responsible for paying for each GAL or WOA appointment as directed by the Court.
204. SUMMARY JUDGMENT MOTIONS
A. A motion for summary judgment shall be filed and served in compliance with LR 202 above not less than thirty (30) days prior to the date noticed for hearing of the motion. Any response to the motion shall be filed and served by opposing counsel not less than seven (7) days prior to the date noticed for the motion.
B. The motion for summary judgment or response thereto shall be accompanied by a memorandum of law supporting the motion and shall have attached to the copy sent to the Judge (Grant County Judicial Center, 224 South Main Street, Williamstown, KY, 41097) copies of primary cases or other references cited in the memorandum.
205. DEFAULT JUDGMENT MOTIONS
A motion for default judgment shall be in compliance with LR 202 above. Furthermore, a defendant in default shall be provided notice of any motion for default judgment before that motion will be considered by the Court. Appearance in court by counsel is not required for these motions.
In addition to the normal default affidavit of Counsel, the Motion must include a Plaintiff's Affidavit establishing the judgment amount requested.

Credits

HISTORY: Amended effective July 8, 2013. Prior amendments effective February 1, 2008; April 13, 2012.
Carroll, Grant and Owen Circuit Court Rule 2, KY R CARROLL GRANT OWEN 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