Kentucky Matters that Should be Included in Pretrial Conference Order or Pretrial Order

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Pretrial statements or memoranda of counsel for the parties are frequently required either by the governing statute or rules of court, or by directive of the judge in the individual case, particularly in the absence of a preconference meeting. These statements may be joint or separate and are prepared prior to pretrial conference and presented to the pretrial judge. They should cover all of the matters that counsel may be able to agree on before the conference, and should be as complete and as detailed as the statute, rules, or order may direct.


In any action, the court may, in its discretion, direct the attorneys for the parties and any unrepresented parties to appear before it for a conference or conferences before trial for such purposes as: (1) expediting the disposition of the action; (2) establishing early and continuing control so that the case will not be protracted because of lack of management; (3) discouraging wasteful pretrial activities; (4) improving the quality of the trial through more thorough preparation; and (5) facilitating the settlement of the case.

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FAQ

In any action exempted under KRS 411.610, all discovery and other proceedings shall be stayed during the pendency of any motion to dismiss unless the court finds upon the motion of any party that particularized discovery is necessary to preserve evidence or to prevent undue prejudice to that party.

Q: What is a pre-trial conference? A: A pre-trial conference is a proceeding in which the judge determines if the defense and prosecution have come to an agreement on a plea of guilty. If so, the judge swears in the defendant and takes the plea of guilty on that date.

Rule 7 ? Pleadings allowed (b) Motions and Other Papers. (1) In General. A request for a court order must be made by motion. The motion must: (A) be in writing unless made during a hearing or trial; (B) state with particularity the grounds for seeking the order; and (C) state the relief sought.

The Court may require each party to submit a trial brief consisting of a short memorandum of his view of the facts and law on which he will rely; and if so, the Court shall fix the time for filing such briefs in the pretrial order.

Every pleading, motion and other paper of a party represented by an attorney shall be signed by at least one attorney of record in his individual name, whose address shall be stated. A party who is not represented by an attorney shall sign his pleading, motion, or other paper and state his address.

Warning Order Attorney Warning Order Attorneys do not represent the defendant ? they are required by the court to make diligent efforts to locate and inform the defendant that an action has been filed against them.

Failure to Indict: If you are charged with a felony in district court and after 6-months you have not been indicted, you may file for expungement. There is no filing fee. File the ?Failure to Indict? Form in the court you were charged.

CR 45.04 Protection of a person subject to a subpoena If objection is made, the party serving the subpoena shall not be entitled to inspect and copy the materials except pursuant to an order of the court from which the subpoena was issued. The party serving discovery may, upon notice, move for an appropriate order.

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Kentucky Matters that Should be Included in Pretrial Conference Order or Pretrial Order