Edmonson County Circuit Court, Kentucky Pre-Motion Conference Requirements

CRITICAL

A motion to set a case for trial may not be brought under CR 78(2).

A motion to set a case for trial shall not be brought under CR 78(2).

CRITICAL

Motions requiring an evidentiary hearing must be noticed and docketed for motion day, when the court sets a definite hearing date and time; specified hearings are scheduled separately by the court.

Division 1 : First and third Mondays of each calendar month, beginning at 1 :00 p.m., Central Time; and Division 2: Second and fourth Mondays of each calendar month, beginning at 1 :00 p.m., Central Time. The same local rules that govern civil motion practice, Rules 402, 403, 404, 405, 406, and 407, apply to criminal cases. (b) Except as discussed in (c) below, all motions requiring an evidentiary hearing shall be noticed and docketed for motion day, at which time the court will set the hearing for a day and time certain. (c) Evidentiary hearings for probation revocation motions, defendant's competency pursuant to KRS 504.100, and motions for post-conviction relief (RCr 11 .42, CR 60.02, etc .) will be conducted at a date and time certain to be scheduled by the court.

CRITICAL

A CR 78(2) motion may routinely be granted ten days after filing unless a response is filed.

This motion will routinely be granted by the court in ten (10) days unless a response is filed .

CRITICAL

Counsel must make a good-faith effort to resolve discovery disputes before filing a motion to compel discovery, for a protective order, or for sanctions.

Counsel have the duty to make a good faith effort to resolve any disputes which arise in the course of discovery. Only if counsel are unable to resolve a discovery dispute may a motion to compel discovery, or for a protective order, or for sanctions, be filed pursuant to CR 26 and 37.

WARNING

CR 78(2) motions should generally be limited to non-dispositive matters resolvable without oral argument, although the procedure may be appropriate for certain dispositive matters such as mortgage foreclosures.

Motions noticed under CR 78(2) should be limited to non-dispositive matters which can be acted on by the court without oral argument. However, notice under CR 78(2) may be appropriate in certain dispositive matters such as mortgage foreclosures.

INFO

A movant may use the CR 78(2) procedure for deciding a motion without an oral hearing on brief written statements supporting and opposing it.

A movant may bring a motion under the provisions of CR 78(2) which makes provision for the determination of motions without oral hearings upon brief written statements of reasons in support and opposition .