Rule 2 Court scheduling/motion hour/procedures for filing
Baldwin's Kentucky Revised Statutes Annotated23rd Judicial Circuit - Estill, Lee and Owsley Circuit Court
KY ELOC Rule 2
Rule 2 Court scheduling/motion hour/procedures for filing
There shall be one (1) week per month for each county for Jury sessions unless scheduled otherwise by the presiding Judge or a Special Judge.
(c) The Motion Hour/Rule Day for civil cases in the Estill Circuit Court shall be the first Thursday of each month at 9:30 A.M., with pre-pretrial conferences in criminal cases being conducted at 9:30 A.M. and child support criminal contempt matters being heard at 11:00 A.M. after the conclusion of the civil docket.
On such occasions where it may be required to cancel the regular Motion Hour/Rule Day, either because of sickness, vacation conflicts, or otherwise, notice of cancellation shall be given as promptly as feasible. On any such cancellations, any cases docketed for hearing on the Motion Hour/Rule Day that was canceled shall automatically be redocketed at the next regular Motion Hour/Rule Day, in the order in which they appeared on the canceled docket, and before any subsequently docketed cases.
Unless otherwise directed by the Court, the following will govern the docketing of Motions:
(a) The Clerk shall keep a Motion Docket on which the Clerk will docket all Motions assigned for hearing on each Motion Hour/Rule Day. All cases must be placed on the Motion Docket by the close of business on the third business day preceding the regular Motion Hour/Rule Day to stand for hearing on the following regular Motion Hour/Rule Day. Any exception to this docketing rule shall be by leave of Court only, and the Clerk is directed to close the Docket for the next Motion Hour/Rule Day at the close of business on the third business day preceding the regular Motion Hour/Rule Day. Any Motion not accompanied by the Notice of Date for Hearing shall be summarily overruled except for good cause shown.
Each motion shall be served on opposing counsel and party not represented by counsel and entitled to notice. “‘Service” shall be by the methods defined in CR 5.02. A copy of each Motion filed shall be served upon the presiding Judge.
An effort shall be made to dispose of uncontested Motions, Default Judgments, and other matters that can be speedily handled before undertaking hearings on contested Motions.
All Motions for which authorities are relied upon shall be accompanied by citations of such authorities. Moving counsel may also accompany any Motion with a brief written Statement or file a Memorandum of Law supporting said Motion. Any party properly served with a Motion accompanied by a Statement or Memorandum of Law supporting said Motion may file a Response containing supporting authorities at or before the time specified in the Notice of Hearing of the Motion. Failure to file a Response to a Motion accompanied by such a Statement or Memorandum may be grounds for denying a request for leave to file such a Response after the time specified for a hearing of said Motion.
If an Agreed Order signed by counsel for all parties affected is submitted to the Clerk before the call of the Motion Docket, counsel need not attend the call of the Motion Docket. All counsel are urged to adopt a reasonable use of Agreed Orders for purposes of obtaining and granting extensions of time, to plead, or otherwise defend.
All matters requiring Evidentiary Hearings shall be heard by special assignment except Contempt Hearings in domestic relations cases, which may be heard without prior assignment.
(b) Alternate Jurors--When a Grand Jury is empaneled, fifteen (15) persons shall be selected, qualified, and sworn to serve as Grand Jurors. The last three (3) persons so selected, qualified, and sworn shall serve as alternate Grand Jurors and only be called for further Grand Jury service if and during the illness or absence of a regular Grand Juror. An alternate Grand Juror shall be called by the Circuit Clerk at the request of either the Commonwealth's Attorney or the Foreperson of the Grand Jury.
(c) Session Dates and Return of Indictments--The Grand Jury in each County shall meet monthly. Each session shall begin on the Monday preceding the first regular Motion Hour/Rule Day in each County, and deliberations shall continue thereafter as necessary. Indictments shall be returned to the Judge on Motion Hour/Rule Days or at such other times as may be reasonably necessary at the discretion of the Court. The Grand Juries in this Circuit shall conduct deliberations as scheduled by the Commonwealth's Attorney's Office.
(c) Upon the signing of the Indictments by the Judge, the Circuit Clerk shall make copies of the Indictments and shall mail or deliver same to the Commonwealth's Attorney and, in the event the Defendant was previously represented by counsel, shall also mail or deliver copies to the Defendant's previous attorney.
After the return of Indictments and case assignments, the presiding Judge shall conduct Arraignments, set Bail, and decide other matters appropriate then. The presiding Judge shall assign all cases for Trial resulting from the previously returned Indictments.
In all instances where the Judge is disqualified by Motion and Affidavit of a litigant or attorney, the procedure provided by Statute shall be followed. In the event of recusal, absence, or illness of the Judge, the Chief Judge of the Bluegrass Region shall be requested to appoint a special Judge to preside over the case.
Credits
HISTORY: Amended effective June 13, 2017. Prior amendments effective May 8, 2017.
Estill, Lee and Owsley Circuit Court Rule 2, KY R ESTILL LEE OWSLEY CIR CT Rule 2
Current with amendments received through November 15, 2023. Some rules may be more current, see credits for details.
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