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Rule 3 Motion Days

Baldwin's Kentucky Revised Statutes Annotated31st Judicial Circuit - Floyd Circuit Court

Baldwin's Kentucky Revised Statutes Annotated
31st Judicial Circuit - Floyd Circuit Court
KY RFLC Rule 3
Rule 3 Motion Days
(a) Excepting legal holidays, and unless otherwise ordered by the Court, the first and third Friday of each month shall be the regular motion day for Division I and the second and fourth Friday of each month shall be the regular motion day for Division II within the meaning of Rule 78 Kentucky Rules of Civil Procedure.
(b) All motions, civil and criminal, to be heard at motion day shall be filed and clocked no later than 4:00 o'clock p.m. on the Tuesday preceding the appropriate motion day. Motions filed after said time except in an emergency situation, shall automatically be passed to the next following motion day and placed by the clerk on the next appropriate motion docket.
(c) The motion shall state the date when it will be brought up for hearing and shall contain a certificate of service showing by what means and when it was served on opposing parties.
(d) The Clerk will prepare, post in his office, and make copies available to attorneys, a motion docket for each regular motion day on which shall be listed all motions to be heard, showing the style and number of case, the nature of the motion and the attorneys of record. There shall be a separate docket prepared for domestic relations cases to be heard by the Domestic Relations Commissioner.
(e) When the motion is called, respective 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 motion shall be passed to the second call of the docket, or to such time as the Court may desire.
(f) The motion docket will be called at the commencement of court on each regular motion day and will be heard and disposed of, as far as practicable, in the order in which they appear on the docket. Only motions appearing on the docket of each motion day will be heard and disposed of on that day, except upon notice, and no motion will be heard or disposed of at any other time unless it involves some extraordinary proceedings, such as attachment, injunction, restraining order, writ of possession or motion for rule, and then only upon notice and special assignment, except for emergencies and ex parte orders which may be considered within the discretion of the Court.
(g) Motions passed to the next motion day shall be placed by the clerk on the next appropriate motion docket.

Credits

HISTORY: Amended effective January 7, 1998.
Floyd Circuit Court Rule 3, KY R FLOYD CIR CT Rule 3
Current with amendments received through November 15, 2023. Some rules may be more current, see credits for details.
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