KENTUCKY RULES OF CIVIL PROCEDURE
RULE  77 COURTS AND CLERKS

CR 77.01 COURTS ALWAYS OPEN

    The courts of this Commonwealth shall be deemed always open for the purpose of filing any pleading or other proper paper, of issuing and returning mesne and final process, and of making and directing all interlocutory motions, orders and rules.


Adopted eff. 7-1-53

CR 77.02 TRIALS AND HEARINGS; ORDERS IN CHAMBERS; REVIEW OF TRIAL DOCKETS

     (1) All trials upon the merits, except as provided in Rule 43.04, shall be conducted in open court and, so far as convenient, in a regular court room. All other acts or proceedings, except jury trials, may be done or conducted by a judge in chambers without the attendance of the clerk or other court officials, and at any place either within or without the judicial district; but no hearing, other than one ex parte, shall be conducted outside the judicial district without the consent of all parties affected thereby.

     (2) At least once each year trial courts shall review all pending actions on their dockets. Notice shall be given to each attorney of record of every case in which no pretrial step has been taken within the last year, that the case will be dismissed in thirty days for want of prosecution except for good cause shown. The court shall enter an order dismissing without prejudice each case in which no answer or an insufficient answer to the notice is made.

In each action which is not dismissed the court may make such orders as will facilitate the prompt disposition of the action on the calendar for trial or hearing.


Amended by Order 89-1, eff. 8-28-89; prior amendment eff. 1-1-78; adopted eff. 7-1-53

CR 77.03 CLERK'S OFFICE AND ORDERS BY CLERK

     The office of the clerk with the clerk or deputy in attendance shall be open during business hours on all days except Sundays and legal holidays. All motions and applications in the clerk's office for issuing mesne process, for issuing final process to enforce and execute judgments, and for other proceedings which do not require allowance or order of the court are grantable of course by the clerk; but his action may be suspended or altered or rescinded by the court upon cause shown.


Adopted eff. 7-1-53

CR 77.04 NOTICE OF ENTRY OF JUDGMENTS AND ORDERS

     (1) Immediately upon the entry in the trial court of a judgment, a final order, an order which affects the running of time for taking an appeal, or an order which by its terms is required to be served, the clerk shall serve a notice of the entry by mail in the manner provided in Rule 5 upon every party who is not in default for failure to appear. Service of notice of entry of any judgment or order under this rule may be waived by the filing of a writing signed by the party or his attorney of record.

     (2) The clerk shall make a note in the case docket of the service required in paragraph (1) of this rule and the notation shall show the date of service. The date of the notation on the docket of the service of notice of entry, or the date of filing a waiver if prior thereto, shall be the date of entry for the purpose of fixing the running of the time for appeal under Rule 73.02(1).

     (3) The trial court shall require in the order, service of notice of entry of all orders made under Rules 6.03(2), 12.01, 12.05, 43.04, 50.02, 52.02, 54.02, 59, 62.01, 62.04, and 65.08(1), and all orders heard ex parte, or any other order it deems advisable.

     (4) Failure of the trial court to require service of notice of entry of any judgment or order under this rule or the failure of the clerk to serve such notice, or the failure of a party to receive notice, shall not affect the validity of the judgment or order, and does not affect the time to appeal or relieve or authorize the court to relieve a party for failure to appeal within the time allowed, except as permitted in Rule 73.02(1).

     (5) The provisions of this Rule 77.04 do not apply to trial courts other than circuit or district courts.

Amended eff. 1-1-78; prior amendments eff. 7-1-76, 4-1-63, 6-1-60; adopted eff. 7-1-53

TOP of PAGE

Disclaimer

          We are not attempting to practice law, give advice or represent ourselves as anything more than a resource portal with many unique features. Our design is copyrighted. We have no claim of any affiliation with any linked website nor any liability for anything they may say or do. We, and our contributing authors, offer no warranties of any type, to anyone, about anything express or implied.  What you see is what you get, we cannot afford to be your insurer and most assuredly are not your lawyer and do not render you any legal advice whatsoever.  No attorney client relationship is established by this site, and there is absolutely no confidentiality of any information or communication herein.  No emails received will be responded to pertaining to legal questions or advice.

          By going further into this site, you accept this complete waiver of all warranties and acknowledge reading our Legal Disclaimer.  

©  2001-2004 LouisvilleLaw, LouisvilleLaw.com & Kentucky Law Net, LLC
  
"The Kentucky Lawyer" is a registered Service Mark of Kentucky Law Net LLC. 

 LouisvilleLaw, LouisvilleLaw.com, Louisville LawWire, eLegal Summaries & LouisvilleLawyers  are service marks and the intellectual property of Kentucky Law Net LLC. 2001-2004

 To Suggest a Link or Report broken Links, please contact our Webmaster

 
Number of Hits Since June 1, 2001