Scott Circuit Court Pre-Motion Conference Requirements

CRITICAL

A pretrial conference must be scheduled before the specified matters are placed on the regular Family Court docket, unless the respondent cannot be located or fails to appear.

No case shall be scheduled on the regular Family Court docket for trial, motion for judgment on the pleadings, motion for summary judgment, or motion for an original child support order without first scheduling a pretrial conference. This rule may be waived if the respondent is unable to be located or fails to appear at said pretrial conference.

CRITICAL

A motion to compel discovery, for a protective order, or for sanctions may be filed under CR 26 or CR 37 only after counsel cannot resolve the dispute, and counsel or a party must make a good-faith effort to resolve discovery disputes.

H. A motion to compel discovery, for a protective order, or for sanctions may be filed pursuant to CR 26 or CR 37 only if counsel are unable to resolve the dispute between them. Counsel or party has the duty to make a good faith effort to resolve any disputes which arise in the course of discovery.

CRITICAL

Before filing a motion other than an Ex Parte Motion, the filer must make reasonable efforts to agree on a motion-docket date with opposing counsel; the moving attorney may set the date if agreement cannot be reached, subject to the stated emergency and statutory-timing qualification.

A. Any attorney or party prior to filing any Motion, except an Ex Parte Motion, shall make reasonable efforts to contact opposing counsel to obtain an agreeable date on which to set the matter on the motion docket. In the event the attorneys cannot agree upon a date for said motion, other than one of an emergency nature or which may be required by statute to have a ruling within a set time, the moving attorney may set the matter on the motion docket.

WARNING

Parties may submit an agreed Paternity/Child Support order off-docket without an out-of-court pretrial conference; if CHFS is a party or provides benefits, it must be notified before submission.

Nothing in this Rule shall prohibit the parties from entering into an agreed order of Paternity/Child Support and filing the same for approval by the Court off-docket without conducting an out-of-court pretrial conference unless the Cabinet for Health and Family Services is a party and/or providing benefits and if so, CHFS shall be notified prior to submitting the order to the Court.