Kentucky Motion to Dismiss - Personal Injury

State:
Multi-State
Control #:
US-PI-0313
Format:
Word; 
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Description

This form is a sample motion to dismiss filed by the defendant seeking to have plaintiff's cause of action dismissed for failure to state a claim upon which relief may be granted.

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FAQ

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.

For personal injury actions in Kentucky, the statute of limitations is generally only one year from the date of the accident or injury, or from the date the injury was discovered. This is a relatively short SOL compared to other states in the country.

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.

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 ...

Every motion, other than the ones which may be heard ex parte, shall appear upon the motion docket, provided that any motion which is accompanied by an agreed order signed by counsel for all parties affected by the order shall not appear on the motion docket.

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.

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.

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Kentucky Motion to Dismiss - Personal Injury