Home Table of Contents

Rule VI. Motions and motions docket form of motion and docketing

Baldwin's Kentucky Revised Statutes Annotated14th Judicial Circuit - Bourbon, Scott and Woodford Circuit Court

Baldwin's Kentucky Revised Statutes Annotated
14th Judicial Circuit - Bourbon, Scott and Woodford Circuit Court
Rules for Civil Cases
KY BCWC Rule VI
Rule VI. Motions and motions docket form of motion and docketing
A. Written motions other than those that may be heard ex parte, and notice of hearing thereof, shall be served at least one (1) week before the time specified for the hearing unless a different period is fixed by the Civil Rules, any applicable statute, or by Court order. Any motion filed electronically or utilizing a physical drop box after 8:00 a.m. on the next business day following the date of the deadline shall be deemed to be not timely filed and will not be heard. Any pleading filed that has two-sided text shall be rejected by the Clerk and shall not be placed on the motion docket.
B. Each motion shall be assigned for hearing on the first motion date at which it can be lawfully heard under the Civil Rules, these Local Rules, and any applicable statute, unless otherwise ordered. Notice of the motion shall specify the date, time, and place of the hearing.
C. The Circuit Clerk shall keep a motion docket for each division of the Court, on which s/he shall docket in order all motions assigned for hearing on each motion day, either by Court order or by notice duly served. This motion docket shall be called on motion day, and unless otherwise ordered, the motions will be heard in the order docketed.
D. Every substantive motion, other than ones which may be heard ex parte, shall appear upon the motion docket; except that any motion which is accompanied by an agreed order signed by counsel for all parties affected by that order, or an order of dismissal by the Plaintiff in a matter in which there are no claims by adverse parties, shall not appear on the motion docket. All motions going to the merits of the case, including motions to dismiss, motions for summary judgment, motions to strike, and motions under Civil Rule 12.02 shall be accompanied by a brief statement of the grounds for the motion with citation of authorities relied upon. Failure to file a statement of grounds with supporting authorities may be a basis for overruling the motion. Any party properly served with a motion accompanied by a statement of grounds and authority shall file a response containing a statement of grounds for opposing the motion with citation of supporting authorities. Such response shall be filed at or before the time specified in the notice of hearing of the motion. Failure to file a response may be grounds for sustaining the motion, but the time for filing a response may be extended for good cause shown.
E. If an agreed order signed by counsel for all parties affected is submitted to the Circuit Clerk before the call of the motion docket, counsel need not attend the call of the motion docket.
F. Procedural motions related to pretrial scheduling and obtaining hearing or jury trial dates from the Court may be set to be heard at the convenience of the Court so long as all Parties to the action are represented by counsel. The presiding judge may then conduct an electronic or remote scheduling conference without the necessity of counsel appearing in person. A courtesy copy of any motion set to be heard at the convenience of the court shall be provided to the presiding judge at the time of filing. This may be accomplished via email to the presiding judge's staff attorney or administrative assistant.
G. No motion or actions shall be placed on the motion docket unless notice is filed, or request is made before 4:00 p.m., at least one (1) week preceding the motion hour designation on the notice.
H. Copies of out-of-state authorities, unpublished Kentucky cases, or federal cases cited in briefs to the Court shall be attached to the briefs or memorandum for the Court and counsel.
I. Copies of the relevant portions of depositions relied upon in briefs to the Court shall be attached to the briefs or memorandum for the Court and counsel.

Credits

HISTORY: Amended effective June 14, 2022. Effective September 5, 2002.
Bourbon, Scott and Woodford Circuit Court Rule VI, KY R BOURBON SCOTT CIR CT Rule VI
Current with amendments received through November 15, 2023. Some rules may be more current, see credits for details.
End of Document