Powell County Circuit Court, Kentucky Filing Rules

Motions must be noticed for hearing unless they may be heard ex parte or a rule allows otherwise.

Copies of motions must be served on all parties by mail, hand delivery, or electronic transmission under CR 5.02, subject to the stated exceptions.

Motions for the Motion Docket are due by close of business at least seven days before the scheduled Motion Hour.

The Breathitt Circuit Court Clerk or a deputy clerk may take protective-order petitions and administer oaths during the listed business hours.

Unless a motion may be heard ex parte or a rule allows otherwise all motions to be heard shall be noticed for hearing, e-filed with the Clerk unless not required by law, and copies served by mail, hand delivery, or electronic transmission pursuant to CR 5.02 on all parties.

Orders submitted with motions must be separate styled instruments and may not appear on the same page as the motion.

When filed materials contain personal identifiers, parties must file a redacted copy for the record and an unredacted copy designated for sealing.

At the time notice of the motion is served on the adverse party, a copy of the notice and motion shall also be furnished to the Judge of the Court at her address of 1131 Main Street, Suite 3, Jackson, KY 41339 or via electronic mail at lisawhisman@kycourts.net (if counsel feels motion will be contested), and proof of service on the Judge should be listed on the Certificate of Service.

If a sale is cancelled, the Master Commissioner Fees and Costs must be filed and paid in accordance with law.

An attorney who will be unable to be present at the time set for a motion shall immediately contact the moving attorney and attempt to establish a mutually agreeable time for the hearing of the motion. Should this prove unsuccessful, the party desiring the continuance shall immediately file a motion for a continuance in writing stating the reasons for the continuance and shall send a copy directed to the attention of the Judge, as well as, filing it with the Clerk.

A one-page notice of service under CR 33, CR 34, and CR 36 must be filed in the record to indicate initial discovery service and response.

Before filing the specified discovery motions, counsel must make a good-faith effort to resolve the dispute and be unable to do so.