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Rule 315 Small Claims practice

Baldwin's Kentucky Revised Statutes Annotated30th Judicial District - Jefferson District Court

Baldwin's Kentucky Revised Statutes Annotated
30th Judicial District - Jefferson District Court
Rule 3. Civil Practice
KY JDR Rule 315
Rule 315 Small Claims practice
A. All pre-trial motions must be filed in the Clerk's office five (5) days before the trial date. Post-trial motions will be scheduled not less than five (5) days from the date of filing.
B. Amended complaints and counterclaims per KRS 24A.290, must be filed at least five (5) days before the trial date. Service of a copy delivered to the defendant/plaintiff may be effected as follows:
1. By hand delivery at least five (5) days prior to the trial; or
2. By first class mail at least eight (8) days prior to the trial per CR 6.05.
C. Bonds on Forthwith Orders of Arrest may be in the amount of the judgment plus court costs and then rounded up to the nearest dollar, or in an amount deemed appropriate by the Judge.
D. Agreed settlements must be in the form of a money judgment reduced to a writing and signed by the parties.
E. In cases of service of process on the Secretary of State, once the Small Claims Clerk has received the memo from the Secretary of State indicating that the statutory requirements have been satisfied, the case will be scheduled for trial. When the Secretary of State returns the memo after the court date, a new court date will be given and notices mailed to the parties.
F. The time standards of KRS 24A.280 will govern the scheduling of trials. Hearing time shall not be less than twenty (20) days nor more than forty (40) days after service of process.
G. Upon the filing of an appeal, the Judge will review any motions for supersedeas bond.
H. Post-judgment Bills of Discovery and show cause rules shall be heard as assigned by the clerk at the direction of the Court. Post-judgment Bills of Discovery may only be made every six (6) months unless otherwise granted by the Court for good cause shown.
I. All motions and service to the other party must be in writing, except those made orally during the process of trial.
J. Special bailiffs shall be paid as prescribed by law. Additional compensation may be awarded by the Court pursuant to CR 3.03(4) upon affidavit of the special bailiff. Service fees are taxed as costs of the action.
K. To request a jury trial, pursuant to KRS 29A.270(2), the claim must be over $250.00 and the defendant must file a written motion with service to the other party. In addition, the defendant shall give notice to the division at least seven (7) days prior to the time set for the hearing pursuant to KRS 24A.320(2).
L. A Consumer Guide shall be available from the Small Claims Clerk which provides step-by-step guidance through the small claims process and collection procedures.

Credits

HISTORY: Approved effective January 14, 2008; approved effective January 1, 2004; amended effective May 1, 1998; approved January 30, 1997.
Jefferson District Court Rule 315, KY R JEFFERSON DIST CT Rule 315
Current with amendments received through November 15, 2023. Some rules may be more current, see credits for details.
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