(1) Each circuit and district court shall establish by rule regular motion days as required by statute, and a copy of the rules shall be certified to the Supreme Court as provided in SCR 1.040(3)(a).
Rule 78.Motion days -- Submission of motions.
Current through June 18, 2026 · Last verified July 9, 2026
In one sentenceRequires every circuit and district court to set regular motion days by local rule certified to the Supreme Court and lets the court decide motions on written submissions without oral argument.
Full Text of Rule 78
(2) To expedite its business, the court may make provision by rule or order for the submission and determination of motions without oral hearing upon brief written statements of reasons in support and opposition.
Amendment History
(Amended November 27, 2000, effective February 1, 2001.)
Plain-English Summary
Rule 78 tells each circuit and district court to adopt a local rule fixing its regular motion days, the times the court sits to hear and rule on motions. That local rule has to be certified to the Supreme Court under SCR 1.040(3)(a), so there is a record of when each court hears motions.
The rule also gives courts a shortcut. Instead of scheduling oral argument on every motion, a court can decide by rule or order to rule on motions based on brief written statements from each side. This lets routine motions move without a hearing, while the court keeps discretion to require argument when a motion calls for it.
Frequently Asked Questions
What is a motion day in Kentucky courts?
A motion day is a day a circuit or district court sets aside, by local rule, to hear and decide motions. Rule 78 requires each court to establish regular motion days as required by statute and certify that rule to the Supreme Court.
Does a Kentucky court have to hold a hearing on every motion?
No. Rule 78 lets a court provide by rule or order that motions be submitted and decided on brief written statements of reasons for and against the motion, without oral hearing.
Where can I find a court's local rule on motion days?
Each circuit and district court certifies its motion-day rule to the Supreme Court under SCR 1.040(3)(a). Checking with the clerk of the specific court is the direct way to learn its motion-day schedule.
Source & verification. The rule text is reproduced verbatim from the
official Kentucky Rules of Civil Procedure (Ky. R. Civ. P. 78). Prescribed by the Supreme Court of Kentucky (Ky. Const. § 116). The plain-English summary is original and written by us. Last verified July 9, 2026. ·
Official source
Also known as: Kentucky motion day ruleCR 78 Kentuckysubmitting motions without a hearing Kentuckymotions decided on briefs Kentucky courtlocal rule motion days circuit court