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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