Rule 2 Court scheduling, motion hour, and procedures for filing
Baldwin's Kentucky Revised Statutes Annotated29th Judicial Circuit - Adair and Casey Circuit Courts
KY RACC Rule 2
Rule 2 Court scheduling, motion hour, and procedures for filing
The 29th Judicial Circuit is comprised of Adair and Casey counties. Adair County is in the central time zone and Casey County is in the eastern time zone. Cases will be called at the local prevailing time.
Casey County: | Civil and Criminal Motions will be heard in Casey County on the second and fourth Monday of each month. Civil matters will be heard at 9:30 a.m., prevailing time. Criminal matters will be heard in the afternoon, beginning at 1:00 p.m., prevailing time. | |
Adair County: | Civil and Criminal Motions will be heard in Adair County on the first Tuesday after the second and fourth Mondays of each month. Civil matters will be heard at 9:00 a.m., prevailing time, domestic matters at 10:00 a.m., prevailing time and Child Support at 10:30 a.m., prevailing time. Criminal matters will be heard in the afternoon, beginning at 1:00 p.m., prevailing time. |
** In the event that a Rule Day falls on a holiday designated by the Administrative Office of the Courts, that day shall be cancelled.
Failure to be in the Courtroom when one's case is called will result in the case being placed at the end of the docket.
All motions must be scheduled through Judge Vance's Office, via phone at 270-384-7122 or by email at [email protected] and a courtesy copy sent to the Judge's office.
There will be no Motion Hour during the week of the Judicial College or through the period of December 24th through January 1st of each year. No Motions shall be noticed to be heard on a state holiday. If the court is closed for any unforeseen reason, i.e., inclement weather, the Motion must be rescheduled by the party filing the Motion to be heard on a regular scheduled Motion Hour.
Other exceptions to the regular rule day schedule shall be at the discretion of the Circuit Judge.
a. All motions shall be filed in the circuit clerk's office no later than 3:30 p.m. at least five days prior to the Rule Day for which such motion is to be heard. This would be Wednesday in Casey County and Thursday in Adair County. Motions not timely filed in the circuit clerk's office will not be heard on the day requested and will not be docketed until such time as a timely motion is made. A courtesy copy of each motion shall also be served on the Judge at least five days prior to the Rule Day by mail, fax or email.
c. All motions which go to the merits of the case, including motions to dismiss, motion for summary judgment, motions to strike, and motions under CR 12.02, shall be accompanied by a brief memorandum of the grounds for the motion with citation of authorities relied upon, not greater than 25 pages in length. Failure to file a memorandum of grounds with supporting authorities may be grounds for denying the motion. Any party properly served with a motion accompanied by memorandum of grounds and authorities shall file a response containing a memorandum of grounds opposing the motion, with citation of supporting authorities, not greater than 25 pages in length. Such response shall be filed at least 24 hours prior to the time specified in the notice of hearing of the motion. Failure to file a timely response may be grounds to grant 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. The reply memorandum shall be limited to 5 pages in length.
d. 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 has 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 certificate of counsel which states counsel have conferred and that they have been unable to resolve their difference. The certificate should detail the attempts of counsel to resolve the dispute.
a. Casey County: | The first Monday after the first rule day of each month. | |
Criminal matters will be heard at 1:00 p.m. prevailing time. | ||
Adair County: | The first Tuesday after the first rule day of each month. | |
Criminal matters will be heard at 1:00 p.m. prevailing time. |
b. Attorneys who have not previously conferenced their case with the Commonwealth's Attorney prior to this date shall be present, with their clients, to conference the case, at 10:00 a.m. Said conference shall occur in the Grand Jury room, or any other area at the discretion of the Commonwealth's Attorney. Resolved cases shall be presented in open court at 1:00 p.m.
Credits
HISTORY: Amended effective April 10, 2014. Prior amendments effective January 27, 2004.
Adair and Casey Circuit Court Rule 2, KY R ADAIR CASEY 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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