A Kentucky Motion for Continuance is a legal request filed by one party in a court case, seeking to postpone or reschedule the proceedings to a later date. It is typically made when the party needs additional time to prepare their case, gather evidence, or secure witnesses. This motion allows the court to consider the circumstances and make a decision on whether to grant or deny the request. In Kentucky, there are different types of Motions for Continuance that can be filed, depending on the specific situation: 1. General Motion for Continuance: This type of motion is made when a party needs more time due to various reasons, such as the unavailability of crucial witnesses or the need for further investigation. It provides a broad basis for requesting a continuance. 2. Emergency Motion for Continuance: This motion is typically filed in urgent situations where there is an unforeseen event or circumstance that necessitates an immediate delay in the proceedings. For example, a sudden illness or an accident involving a key party or attorney may require an emergency continuance. 3. Specific Purpose Motion for Continuance: This type of motion focuses on a particular aspect of the case that requires additional time. It highlights the specific reason behind the request, such as the need for more time to review newly discovered evidence or to locate an expert witness relevant to the case. 4. Joint Motion for Continuance: Parties involved in a case may collaborate and file a joint motion for continuance when both sides mutually agree that more time is necessary. This can occur when important evidence surfaces late in the trial process, requiring both parties to reassess their strategies. 5. Peremptory Motion for Continuance: In certain circumstances, when a party has exhausted all their previous continuance requests, they may file a peremptory motion for continuance if an unavoidable conflict arises that requires a delay in the proceedings. This motion can only be filed once all other available options have been utilized. Remember, the granting or denial of a Motion for Continuance in Kentucky is at the discretion of the court. The party seeking the continuance must provide valid reasons and demonstrate that they have made reasonable efforts to avoid the need for additional time. The court will consider the specific circumstances and potential impact on opposing parties before making a decision.
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CR 59.05 Motion to alter, amend or vacate a judgment A motion to alter or amend a judgment, or to vacate a judgment and enter a new one, shall be served not later than 10 days after entry of the final judgment.
An oral motion may be made during a hearing or trial, but motions are usually in writing and filed with the Office of Circuit Court Clerk. Often motions have a ?memorandum? filed with them that explains the legal reasons why the court should grant the motion.
CR 26.05 Supplementation of responses (c) A duty to supplement responses may be imposed by order of the court, agreement of the parties, or at any time prior to trial through new requests for supplementation of prior responses.
If a pleading to which a responsive pleading is permitted is so vague or ambiguous that a party cannot reasonably be required to frame a responsive pleading, he may move for a more definite statement before interposing his responsive pleading.
Rule 65.05 - Restraining order and injunction bond (1) No restraining order or temporary injunction shall be granted except upon the giving of a bond by the applicant, with surety, in such sum as the court or the officer to whom application is made deems proper, for the payment of such costs and damages as may be ...
(1) A subpoena may be served in any manner that a summons might be served. It may also be served by any person over eighteen years of age, and the affidavit endorsed thereon by such person shall be proof of service or the witnesses may acknowledge service in writing on the subpoena.
On any motions submitted to the Court for decision, the Court is to make all reasonable efforts to enter a decision on the motion within thirty (30) days after date of submission.
Rule 45.01. Subpoenas shall not be used for any purpose except to command the attendance of the witness and production of documentary or other tangible evidence at a deposition, hearing or trial. Upon order of the Court, with the agreement of the parties, documents may be produced without a deposition.