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Rule BCR 200 Motion practice

Baldwin's Kentucky Revised Statutes Annotated55th Judicial Circuit - Bullitt Circuit Court

Baldwin's Kentucky Revised Statutes Annotated
55th Judicial Circuit - Bullitt Circuit Court
KY RBUC Rule BCR 200
Rule BCR 200 Motion practice
Rule 200.10 MOTION HOUR TIME
(a) Excepting legal holidays, and unless otherwise ordered by this Court, the times for motion hour are as follows:
Division One:
Civil Motion Hour - Monday at 9:00 am
Criminal Motion Hour - Monday at 10:00 am
(b) The Court shall follow the holiday schedule of the Kentucky Administrative Office of the Courts and shall be closed on those holidays.
(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.
(d) There shall be no motion hour during the week of the Judicial College.
(e) If the court is closed for other unforeseen reason (i.e. inclement weather) the motion hour shall be passed to the next available motion hour.
(f) The Circuit Judge may, upon notice, cancel or change the time for the hearing of motions at their discretion.
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
(a) All notices and motions shall be governed by the appropriate Kentucky Rule of Civil or Criminal Procedure and served in strict compliance therewith.
(b) Notice shall be on the front page of each motion.
(c) All motions shall be accompanied by a proposed Order with a signature line for the judge. The signature line for the judge shall read:
____________________
Judge
Bullitt Circuit Court
Division One
(d) All pleadings shall be original documents. Original documents shall be those containing the original signature of the individual. No pleading which is generated by fax shall be filed by the Circuit Court Clerk without leave of the Circuit Judge.
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.
(b) All opposing parties shall have twenty (20) days from the certification date on the motion in which to respond.
(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.
(d) Any opposing party wishing oral argument shall so state in their response and shall file a motion requesting oral argument for the next available motion hour.
(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.
(f) Failure to file a memorandum of authorities with a copy of cited out-of-state or federal case law attached thereto by either party may be grounds for granting or denying the motion.
Rule 200.60 MOTIONS FOR DEFAULT JUDGMENT
(a) Motions for Default Judgment shall not be noticed for a hearing but shall stand submitted upon filing with the Court. If the Court determines that a hearing is necessary under CR 55.01, a hearing date will be assigned and notice will be given to the movant.
(b) All motions for Default Judgment involving a liquidated claim shall be accompanied by a Military Affidavit if a Military Affidavit is required by the Soldier and Sailor Civil Relief Act, 50 U.S.C. App. ยง 521.
(c) A claim for liquidated damages shall be supported by sufficient written documentation to establish that the amount claimed is accurate.
Rule 200.70 FILING OF DISCOVERY RESPONSES
(a) None of the following pleadings, papers, or portions thereof, shall be filed with the clerk, nor any responses thereto, unless attached to a motion or containing the certificate set forth below:
1. Interrogatories propounded under CR 33;
2. Requests for Production or Inspection made under CR 34;
3. Requests for Admission under CR 36.
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, 2022. Some rules may be more current, see credits for details.
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