Oldham Circuit Court Pre-Motion Conference Requirements

CRITICAL

Default-judgment motions for failure to plead or defend stand submitted upon filing and are not noticed for motion hour, unless the Court determines a hearing is necessary under CR 55.01.

- C. Motions for Default Judgment for failure to plead or otherwise defend, as provided by the Rules of Civil Procedure, shall stand submitted upon filing and shall not be noticed for motion hour; however, if the Court determines that a hearing is necessary under CR 55.01, a hearing date will be assigned.

CRITICAL

If the Court orders mediation, the parties must participate in good faith unless an exception under FCRPP 39 applies.

If ordered by the Court pursuant to FCRPP 39, the parties shall engage in mediation unless the exceptions provided therein apply. The parties shall participate in mediation in good faith.

CRITICAL

After selecting a mediator, the parties must schedule mediation at least 30 days before the hearing or trial, unless good cause is shown.

Following selection of the mediator, the parties shall contact the mediator to schedule mediation to occur at no less than thirty (30) days prior to the hearing or trial except for good cause shown.

CRITICAL

When the Respondent admits paternity in a case involving the County Attorney, the parties must participate in a pre-trial conference.

In all cases involving the County Attorney in which the Respondent either files a Response admitting paternity or signs an Affidavit admitting paternity, the parties shall submit to a pre-trial conference for the purpose of simplifying the issues to be heard by the Court.

CRITICAL

The listed paternity motions may be considered off docket and stand submitted unless a written objection and hearing request is filed within seven days of the date on the motion's Certificate of Service.

- B. The following motions may be filed for consideration off docket at the Court's convenience and shall stand submitted to the Court unless a written objection and request for hearing is filed within seven (7) days of the date shown on the Certificate of Service of the motion: - 1. Motion for Appointment of Guardian ad Litem - 2. Motion to Request for Approval of Guardian ad Litem fee - 3. Motion for Wage Assignment pursuant to KRS 403.215 and KRS 405.465 - 4. Motion to Submit to DNA testing.

CRITICAL

For the listed motions, an opposing party has twenty days from service to file a response brief and the moving party is allowed seven days thereafter to file a reply brief; the stated incarcerated-case exception applies to motions to dismiss.

6.11 Motions for Summary Judgment, Motions for Judgment on the Pleadings, Motions to Dismiss, Motions to Strike, and Motions under CR 12.02: Except as set forth in these Rules for Judicial Sales, all Motions for Summary Judgment, for Judgment on the Pleadings, to Dismiss, to Strike, and under CR 12.02 shall be noticed, served, and filed at least ten (10) days prior to the date to be heard on Motion Docket with a memorandum of authority. An opposing party shall have twenty (20) days from the date the motion was served to file a brief in Response. Thereafter, the moving shall be allowed seven (7) days to file a Reply brief. No further pleadings shall be allowed without leave of Court or agreement of record of all parties. Within seven (7) days from the close of the pleadings, either party may make a request for an oral argument. If no oral argument is requested then seven (7) days after the close of the briefing, the moving party shall notify the Court the matter is ready for final submission and adjudication by correspondence or AOC-280. The Clerk shall return the file to the Court. *These Rules and procedures do not apply to Motions to Dismiss in cases initiated by an individual presently incarcerated in a state or federal institution.

CRITICAL

All parties must participate in a pre-trial conference before submitting the request, and a Stipulation of Facts must be filed.

All parties must participate in a pre-trial conference prior to submission of such request and a Stipulation of Facts shall be filed.

CRITICAL

A case involving the County Attorney cannot be scheduled for a hearing on the listed motions until the parties have participated in a pre-trial conference and submitted a Stipulation of Facts.

No case involving the County Attorney shall be scheduled for a hearing on a Motion for Trial, Motion for Judgment on the Pleadings, Motion for Summary Judgment, or Motion for Child Support without first participating in a pre-trial conference and submitting a Stipulation of Facts as outlined herein.

WARNING

The Court encourages mediation before trial or a hearing of two hours or longer, and may order mediation before a hearing or trial.

The Court encourages parties to seek mediation of unresolved issues prior to trial and prior to requesting any hearing two hours or longer. The Court, upon its own motion or motion of either party, may order the parties to attend mediation prior to the hearing or trial date, pursuant to FCRPP 39.