A Kentucky Motion for Trial Continuance in a Personal Injury case refers to a legal request made by a plaintiff or defendant to postpone a trial date. This motion is typically filed when certain circumstances arise that prevent one or both parties from adequately preparing for trial or appearing in court on the scheduled date. By seeking a trial continuance, the requesting party aims to ensure a fair trial and uphold justice. There are several scenarios in which a Kentucky Motion for Trial Continuance — Personal Injury may be applicable: 1. Medical Reasons: If a party sustains severe injuries or medical conditions that hinder their ability to participate in the trial, a motion for continuance can be filed. This could involve the need for additional treatment, recovery time, or physical limitations that prevent courtroom attendance. 2. Insufficient Time for Preparation: Both plaintiffs and defendants require ample time to gather evidence, interview witnesses, consult with experts, and present a strong case. If a party believes they have not been granted sufficient time to adequately prepare, they can file a motion for continuance to avoid rushing into a trial. 3. Unavailability of Key Witnesses: If a witness whose testimony is crucial to the case becomes unavailable due to unforeseen circumstances such as illness, death, or scheduling conflicts, a motion for continuance can be filed. This ensures that the absent witness can be present for the trial, contributing vital information. 4. Settlement Negotiations: In some instances, the parties involved may engage in negotiations to reach a settlement prior to going to trial. If substantial progress towards a resolution is being made and requires more time, a motion for continuance could be filed to allow further negotiation attempts. 5. New Evidence Discovery: If new evidence emerges close to the trial date that could significantly impact the outcome of the case, a motion for continuance can be filed to allow sufficient time for all parties to review, investigate, and respond to the new information appropriately. Regardless of the specific reason for filing a Kentucky Motion for Trial Continuance — Personal Injury, the requesting party must provide valid and compelling arguments as to why a postponement is necessary. The court will then evaluate the motion, considering factors such as the interests of justice, opposing party's response, and the potential impact on the trial process, before granting or denying the motion. In summary, a Kentucky Motion for Trial Continuance is an essential tool in the legal process that allows parties to request a postponement of a trial date in a Personal Injury case. This motion is typically filed for legitimate reasons such as medical issues, insufficient preparation time, unavailability of key witnesses, ongoing settlement negotiations, or new evidence discovery.
Kentucky Motion for Trial Continuance - Personal Injury
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Judge Burress has motion hour on Monday's at 9 am for civil and 10 am for criminal. The filing deadline is 4 pm on the Wednesday prior to the Monday you want your motion heard whether the filing is conventional or e-filed.
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.
Motions to dismiss, motions for summary judgment, motions to strike, and motions under CR 12.02 shall be filed and served upon opposing party and/or attorney(s) at least 10 days prior to motion hour and accompanied by a memorandum of the grounds for the motion with citation of authorities relied upon, but not greater ...
Any party properly served with a motion accompanied by a statement of grounds and authorities shall file a response containing a statement of grounds for opposing the motion with citation of supporting authorities. Such response shall be filed at or prior to the time specified in the notice of hearing of the motion.