Kenton Circuit Court Pre-Motion Conference Requirements

CRITICAL

Before filing a CR 37 motion to compel discovery, the movant must make a good-faith effort to resolve the dispute, including written communication identifying the requests and alleged deficiencies.

Before filing any motion to compel discovery pursuant to CR 37, the movant shall make a good faith effort to resolve the discovery dispute with opposing counsel or the pro se party. including written communication specifically identifying the discovery requests at issue and the alleged deficiency in the responses or objections.

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.

CRITICAL

The responding party must receive at least seven days to supplement or cure an alleged deficiency, unless Court deadlines necessitate a shorter period.

The responding party shall be afforded no less than seven (7) days to supplement or cure any alleged deficiency, unless a shorter time is necessitated by Court deadlines.

CRITICAL

A motion seeking a show cause order must include a certification that the movant attempted to resolve the issue with the other party before filing.

d. All motions seeking issuance of a Show Cause Order shall contain a certification that the movant attempted to resolve the issue with the other party prior to filing of the motion.

CRITICAL

Except as provided in Rule 91, motions in economical-litigation-docket cases must be heard during the court's regular motion hour.

Except as provided in Rule 91, motions respecting cases on the economical litigation docket shall be heard at the court's regular motion hour.

CRITICAL

Before noticing a motion for the Fifth Division Motion Docket, counsel must confer with opposing counsel and any pro se litigants about availability.

Counsel shall confer with opposing counsel and any prose litigants regarding availability prior to noticing a Motion for Motion Docket.

CRITICAL

All parties must be represented at the discovery and status conference and prepared to set firm pretrial-conference and trial dates.

All parties shall be represented at the discovery and status conference and shall be prepared to have firm dates set for the pretrial conference and the trial.

CRITICAL

A discovery and status conference must be set within 15 days of the last responsive pleading deadline, with the pretrial conference and trial scheduled within the stated intervals, subject to the trial judge's discretion to adjust them.

A discovery and status conference shall be held in each case for the purpose of scheduling each event in the case and determining the period of time necessary o complete discovery. The conference shall be set within fifteen (15) days after service of the last responsive pleading or the last day a responsive pleading could have been served. A date for a pretrial conference shall be set for a date not more than sixty (60) days following the discovery and status conference and a trial date shall be set not more than thirty (30) days after the pretrial conference. However, in the discretion of the trial judge these times may be extended or reduced to meet the needs of the individual case.

CRITICAL

Motions seeking exceptions to the economical-litigation discovery rules must be made at the discovery and status conference.

Motions for exceptions to the rules of the economical litigation docket relating to discovery must be made at the discovery and status conference.

WARNING

Motions outside of trial are decided without oral argument unless either party specifically requests it.

Motions, outside of trial, will be decided without oral argument unless oral argument is specifically requested by either party.

INFO

At the trial judge's discretion, any motion may be heard and any conference held by telephone conference call with the judge and counsel.

At the discretion of the trial judge, any motion may be heard and any conference may be held by a telephone conference call among the trial judge and counsel for the respective parties.