Kentucky Motion to Release Property from Levy upon Filing Bond

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Multi-State
Control #:
US-03319BG
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Word; 
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Description

A motion to release property is a pleading asking a judge to issue a ruling that will result in the release of property or a person from custody. When property is held in custody, a motion to release must be filed in order to get it back. There are a number of situations where this may become necessary. These can include cases where property is confiscated and the cause of the confiscation is later deemed spurious, as well as situations where people deposit money with a court as surety in a case or in response to a court order. For example, someone brought to small claims court and sued for back rent might write a check to the court for the amount owed, and the landlord would need to file a motion to release for the court to give him the money.

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FAQ

Motions to dismiss, motions for summary judgment, motions to strike, and motions under CR 12.02 shall be filed and served upon opposing party and/or attorney(s) at least 10 days prior to motion hour and accompanied by a memorandum of the grounds for the motion with citation of authorities relied upon, but not greater ...

On any motions submitted to the Court for decision, the Court is to make all reasonable efforts to enter a decision on the motion within thirty (30) days after date of submission.

Rule 65.05 - Restraining order and injunction bond (1) No restraining order or temporary injunction shall be granted except upon the giving of a bond by the applicant, with surety, in such sum as the court or the officer to whom application is made deems proper, for the payment of such costs and damages as may be ...

A new trial may be granted to all or any of the parties and on all or part of the issues for any of the following causes: (a) Irregularity in the proceedings of the court, jury or prevailing party, or an order of the court, or abuse of discretion, by which the party was prevented from having a fair trial.

Think of motion hour as a mechanism for taking care of the weekly business so that divorce, legal separation, child custody, and support cases keep moving forward. Motions generally have to be filed (and served on the other party or lawyer) on the Tuesday prior to the next motion hour.

Rule 59(e) authorizes a motion to alter or amend a judgment. A Rule 59(e) motion must be filed no later than 28 days after the entry of the judgment. This is a strict time limit, and the court has no authority to grant more time. See Fed.

CR 59.05 Motion to alter, amend or vacate a judgment A motion to alter or amend a judgment, or to vacate a judgment and enter a new one, shall be served not later than 10 days after entry of the final judgment.

CR 26.05 Supplementation of responses (c) A duty to supplement responses may be imposed by order of the court, agreement of the parties, or at any time prior to trial through new requests for supplementation of prior responses.

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Kentucky Motion to Release Property from Levy upon Filing Bond