Friday, March 28, 2014

Civil Litigtion Basics - Tendering Proposed Orders

The Federal Rules of Civil Procedure, Rule 7(b)(1)(C), requires every motion to "state the relief sought."

The Kentucky Rules of Civil Procedure, Rule 7(1), requires every motion to, "set forth the relief or order sought."

Do we stop there? NO!

There are local rules of court to consult.

The Joint Local Rules For the United States District Courts for the Eastern District and Western District of Kentucky, or whatever the hell it's named, Local Rule 7.1(e), states,
"With each motion and response, you must submit a separate proposed order granting the relief requested or denying the motion. Any proposed order imposing sanctions must be provided separately from a proposed order pertaining to any other matter."
Likewise, the Rules of Practice and Procedure Of the Thirtieth Judicial Circuit, Jefferson Circuit Court, Rule 1405 Proposed Order Required, "A draft of the proposed judgment or order shall be filed along with a motion for its entry."

What better way is there to inform the court what order is being requested if not by tendering an actual order?

There are just countless pesky details.

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