Rule 15 Motions in civil cases
Baldwin's Kentucky Revised Statutes Annotated22nd Judicial Circuit - Fayette Circuit Criminal and Civil Courts
KY RFCC Rule 15
Rule 15 Motions in civil cases
1. All motions to be argued at Motion Hour and notice of the hearing, other than those set forth in (2) below or those that may be heard ex parte, shall be filed with the Clerk, and served by hand delivery, mail or facsimile on opposing parties and the Court to be heard at the next motion hour. Motions to be heard must be received by opposing counsel 72 hours prior to the noticed motion hour. Responses shall be filed within 24 hours of the noticed motion hour.
The notice of the hearing shall specify the date, time and place for the hearing.
2. Motions to dismiss, motions for summary judgment, motions to strike, and motions under CR 12.02 shall be filed and served upon opposing party and/or attorney(s) at least 10 days prior to motion hour and accompanied by a memorandum of the grounds for the motion with citation of authorities relied upon, but not greater than 25 pages in length, unless permitted by prior order. Failure to file a memorandum with supporting authorities may be grounds for overruling the motion. Any party properly served with a motion accompanied by a memorandum and authorities shall file a response opposing the motion, with citation of supporting authorities, but not greater than 25 pages in length except by leave of Court. 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 and time of service of the motion. Any reply memorandum shall be limited to 5 pages in length, and must be filed 24 hours prior to hearing.
4. 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 have 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 he or she has attempted to resolve the dispute and that they have been unable to do so. The certification should detail the attempts of counsel to resolve the dispute.
2. Every motion, except as otherwise provided herein, and other than ones which may be heard ex parte, shall appear on the Motion Docket. However, no motion or action shall be heard on Motion Day unless the motion is filed with the Clerk before 4:00 P.M. on Monday preceding the Motion Day designated on the notice, except by leave of Court.
3. The Motion Docket will be called and heard in the order docketed, unless otherwise ordered. When 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 passed to the second call of the docket, or to such time as the Court may direct.
Credits
HISTORY: Approved effective January 1, 2004.
Fayette Circuit Criminal and Civil Court Rule 15, KY R FAYETTE CIR CRIM CIV CT Rule 15
Current with amendments received through September 15, 2024. Some rules may be more current, see credits for details.
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