Webster County Circuit Court, Kentucky Pre-Motion Conference Requirements

CRITICAL

All motions in Paternity cases must be filed and noticed for a hearing in accordance with Rule 201.

501 Motion Practice. All motions in Paternity cases shall be filed and noticed for a hearing in accordance with Rule 201 herein.

CRITICAL

Opposing memoranda may be submitted within 30 days, replies are allowed within 15 days, and the motion stands submitted afterward.

Opposing memoranda may be submitted within thirty (30) days with fifteen (15) days allowed for reply, after which the motion will stand submitted.

CRITICAL

Before seeking an order compelling discovery compliance, counsel must confer or correspond with opposing counsel and be unable to resolve the differences without a hearing.

All motions to compel discovery compliance shall contain a certificate by counsel that she or he has conferred or corresponded with opposing counsel and that they are unable to reconcile their differences without a hearing.

CRITICAL

CR 78(2) motions may be decided without oral hearing; absent a response, the court may routinely grant the motion after ten calendar days, and an opposing party seeking an oral hearing must state that in the response and notice the motion for the following motion day.

Motions may be made under CR 78(2) which makes provision for the determination of motions without oral hearing upon a brief written statement of reasons in support and opposition. Movant shall state that the motion is made under CR 78(2) and this local rule. The notice shall specify that the motion may be routinely granted without hearing by the court, upon the expiration of ten (10) calendar days if no response is filed. The notice may take substantially the following form: This motion is submitted to the Court for decision pursuant to CR 78 and Local Rule 204. This motion may be routinely granted by the Court ten (10) calendar days from the date of filing, without a hearing on the motion, unless a response or objection is filed. If the opposing party wishes to have this matter heard in open Court, s/he must so state in the response, and shall set the matter for determination on a regular motion hour docket, with appropriate notice to all parties and the Court. If a party opposing the motion desires oral hearing, they shall so state, and proceed to notice the motion for the following motion day.

WARNING

In the specified foreclosure cases involving a combined default judgment motion, the Court waives the 30-day response requirement for answering parties where no real issue exists.

EXCEPTION: In cases involving a foreclosure action where there is also a combination motion for Default Judgment against the Debtor, the Court will waive the 30 day response requirement for those who have filed an answer but there is no real issue. For example, Counties and Cities who have been named as Defendants due to outstanding taxes or institutions that have superior liens.

INFO

A party may request oral argument, which the Court will consider, and the Court may request oral argument on its own.

The Court will consider any party's request for oral argument or may request same on its own.