Rule BCR 200 Motion practice
Baldwin's Kentucky Revised Statutes Annotated55th Judicial Circuit - Bullitt Circuit Court
KY RBUC Rule BCR 200
Rule BCR 200 Motion practice
Rule 200.10 MOTION HOUR TIME
Division One:
Civil Motion Hour - Monday at 9:00 am
Criminal Motion Hour - Monday at 10:00 am
(c) Any motion noticed for a Monday which is a holiday shall be automatically scheduled by the Circuit Clerk for the Tuesday following the holiday if a motion hour is to be scheduled for that Tuesday. If no motion hour is set for the following Tuesday it shall be the responsibility of the party filing the notice to re-notice the motion for a regular motion hour.
Rule 200.20 MOTION HOUR TIME - SPECIAL CIRCUMSTANCES
(a) Any motion accompanied by an Agreed Order and any Motion for default judgment (if no party is entitled to notice) may be filed with the Clerk and sent by the clerk to the presiding Judge for signature. If the Court determines a hearing is necessary a hearing date will be assigned at the motion hour.
(b) Motions including motions of Temporary Restraining Orders, involving an emergency which will cause irreparable harm or injury to persons or to property by delay in waiting for the next scheduled motion day may be heard by the court as the court's schedule permits and with prior approval of the court.
(c) Counsel in civil cases shall have the duty to make a good faith effort to resolve by agreement among themselves any disputes which arise in the course of discovery. No motions pertaining to discovery shall be made to the Court unless there is appended to such motion a certificate of counsel that he/she has conferred with opposing counsel, that they are unable to reconcile their differences and that he/she has otherwise exhausted all extrajudicial means in an effort to reconcile his/her differences with opposing counsel. To the extent that extrajudicial means have not disposed of the matter, the party seeking discovery may then proceed with the filing of a motion to compel discovery under CR 37. The motion shall be accompanied by a supporting memorandum with citation to legal authority, if any. The motion and memorandum shall also be accompanied by a copy of the discovery requests in dispute. Response to the motion shall be filed pursuant to CR 37.
Rule 200.30 MOTION HOUR PROCEDURE
(a) All motions shall be filed with the Bullitt Circuit Clerk no later than 4:00 p.m. on the Wednesday prior to the Monday on which the motion is scheduled for hearing. Motions filed by mail are deemed filed on the date and at the time that they are clocked and entered by the clerk. Motions filed by mail shall be mailed to the following address:
Bullitt Circuit Court Clerk
P.O. Box 746
Shepherdsville, KY 40165
(Or such other mailing address as the Bullitt Circuit Court Clerk shall designate as the official mailing address).
Motions filed after the preceding Wednesday and noticed for the following Monday shall be re-noticed for the next available Monday by the attorney filing the motion unless leave of court is granted by the Circuit Judge in the division to add the motion to the motion hour noticed in the original motion.
(b) In the event that opposing counsel represents that he or she did not receive a motion on or before the Friday preceding the Monday on which the motion is scheduled for hearing, the court may pass the motion for hearing to the next regularly scheduled motion docket upon the oral request of the opposing party.
Rule 200.40 MOTION HOUR PLEADINGS - FORM
____________________
Judge
Bullitt Circuit Court
Division One
Rule 200.50 MOTION HOUR PLEADINGS - MOTIONS TO DISMISS, FOR JUDGMENT ON THE PLEADINGS AND FOR SUMMARY JUDGMENT
All motions to dismiss, for judgment on the pleadings and for summary judgment shall comply with the following:
(a) Motions to dismiss, for judgment on the pleadings and for summary judgment shall be noticed for a motion hour after the deadline for submission of a reply memorandum. They shall be filed with a memorandum of authority and shall state with particularity the relief requested and the grounds and argument therefore.
(c) Motions to dismiss, for judgment on the pleadings and for summary judgment shall be filed with a motion to submit, or motion for oral argument if requested by the movant, to be heard at the next available regular motion hour after twenty (20) days from the date of service of the motion on opposing counsel.
(e) The attorney for the movant shall have the burden of notifying the court that the matter is ready for submission if no oral argument is requested and shall do so by motion. If the movant fails to move the court for submission the party opposing the motion may move the court for submission or oral argument or the Court may, at its discretion, dismiss the motion.
Rule 200.60 MOTIONS FOR DEFAULT JUDGMENT
Rule 200.70 FILING OF DISCOVERY RESPONSES
The Certificate is:
Certificate Pursuant to BCR 200.60
I hereby certify that I am familiar with Kentucky Rule of Civil Procedure 5.06 and this pleading is filed in conformity with this Rule.
__________
Typed Name of Attorney
Signing Certificate
Rule 200.80 DISPOSITION OF EVIDENCE
At the end of any hearing and/or the conclusion of a trial where controlled substances, guns, live ammunition, explosives, toxic or noxious materials or currency have been entered into evidence, such items shall be returned to the police authority having custody before the hearing or trial. The police authority shall maintain the evidence pending final rulings of all appropriate courts. The party having originally entered the evidence as an exhibit shall photograph the evidence turned over to the police authority and enter the photograph into the record. The court, in its discretion, may order similar retention and safekeeping of other bulky, valuable or dangerous goods.
Credits
HISTORY: Amended effective October 31, 2007.
Bullitt Circuit Court Rule BCR 200, KY R BULLITT CIR CT Rule BCR 200
Current with amendments received through November 15, 2023. Some rules may be more current, see credits for details.
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