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KENTUCKY
RULES OF CIVIL PROCEDURE
RULE 6 - TIME
CR
6.01 COMPUTATION
In computing any period of time prescribed or allowed by these
rules, by order of court, or by any applicable statute, the day of
the act, event or default after which the designated period of time
begins to run is not to be included. The last day of the period so
computed is to be included, unless it is a Saturday, a Sunday or a
legal holiday, in which event the period runs until the end of the
next day which is not a Saturday, a Sunday or a legal holiday. When
the period of time prescribed or allowed is less than seven days,
intermediate Saturdays, Sundays and legal holidays shall be excluded
in the computation.
[Amended eff.
7-1-69; adopted eff. 7-1-53]
CR
6.02 ENLARGEMENT
When by statute or by these Rules or by a notice given thereunder or
by order of court an act is required or allowed to be done at or
within a specified time, the court for cause shown may, at any time
in its discretion,
(a) with or without motion or notice order the period enlarged if
request therefor is made before the expiration of the period
originally prescribed or as extended by a previous order or
(b) upon motion made after the expiration of the specified period
permit the act to be done where the failure to act was the result of
excusable neglect; but it may not extend the time for taking any
action under Rules 50.02, 52.02, 59.02, 59.04, 59.05, 60.02, 72.02,
73.02 and 74 except to the extent and under the conditions stated in
them.
[Amended by Order
85-2, eff. 1-1-86; prior amendments eff. 1-1-78, 7-1-69, 6-1-60;
adopted eff. 7-1-53]
CR
6.03 UNAFFECTED BY EXPIRATION OF TERM
(1) The period of time provided for the doing of any act or the
taking of any proceeding is not affected or limited by the continued
existence or expiration of a term of court. The continued existence
or expiration of a term of court in no way affects the power of a
court to do any act or take any proceeding in any civil action which
has been pending before it.
(2) The judge of each trial court may make or direct in vacation any
order, rule, judgment or decree in any civil action, except the
conducting of a trial when a jury is required under these rules.
[Amended eff.
7-1-76; prior amendment eff. 4-1-63; adopted eff. 7-1-53]
CR
6.04 FOR MOTIONS; AFFIDAVITS
(1) A written motion, other than one which may be heard ex parte,
and notice of the hearing thereof shall be served a reasonable time
before the time specified for the hearing, unless a specific period
is fixed by these rules or by order of the court. Such an order may
for cause shown be made on ex parte application.
(2) When a motion is supported by affidavit, the affidavit shall be
served with the motion; and, except as otherwise provided in Rule
59.03, opposing affidavits may be served not later than one day
before the hearing, unless the court permits them to be served at
some other time.
[Adopted eff.
7-1-53]
CR
6.05 ADDITIONAL TIME AFTER SERVICE BY MAIL
Whenever a party
has the right or is required to do some act or take some proceedings
within a prescribed period after the service of a notice or other
paper upon him and the notice or paper is served upon him by mail, 3
days shall be added to the prescribed period. This provision shall
not apply to the service of summons by mail under Rule 4.01(1)(a).
[Amended by Order
80-1, eff. 5-1-80; adopted eff. 7-1-53]
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