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Judge Cheryl B. Carey
Rules to Review before Calling:
Local Rule 7(b), Local Rule 40(e), Local Rule 56, Civil Rule 56
Requesting/Setting Oral Argument for Motions:
If you are setting a dispositive motion, you must call or email the bailiff and schedule time on Judge Carey's calendar. Dispositive motions are generally set on Friday mornings. Please call to schedule your hearing at least 2 months prior to the hearing date you would like to request. Other types of motions that are granted oral argument are motions for restraining orders, preliminary injunctions, revisions, and class certification hearings.
Most other motions do not require oral argument under the Civil Rules or Local Rules (see links above). If a party would like to request oral argument, the motion should be noted pursuant to the applicable court rules, simply noting in the upper right hand corner "Oral Argument Requested." After Judge Carey has considered all briefing (moving papers, responses, and replies) if the Court determines oral argument is appropriate, the bailiff will contact the parties and set a mutually acceptable time for oral argument to be presented.
NO Deliveries Directly to the Courtroom:
Unless arrangements have been made directly with Judge Carey's bailiff, no deliveries are to be made directly to the courtroom. All deliveries should be made to the judges' mailroom, Room C-203.
Pretrial Requirements:
Pursuant to KCLR 40(d)(2), all trial memoranda, proposed jury instructions and other trial submissions are due no later than five court days prior to trial. All submissions should be forwarded to Judge Carey, care of Room C-203.
In civil cases, Judge Carey requires all parties and counsel to work together to complete the Witness Examination Time form, and that form must be submitted together with other pretrial memoranda five court days prior to trial.
Hearing/Trial Information:
General trial schedule is Monday through Thursday, 9:00 a.m. to 4:00 p.m. Judge Carey hears civil non-dispositive motions and sentence modification hearings at 8:30 a.m. and 4:00 p.m. All 8:30 a.m. hearings will conclude no later than 8:55 a.m. and all 4:00 p.m. hearings will conclude no later than 4:25 p.m.
Judge Carey is currently in the Criminal Department. However, the court manages a heavy caseload of civil cases. If you have a civil case which is assigned to Judge Carey, you will be assigned another judge at the time of trial. The assignment will generally take place on Thursday afternoon prior to trial. You are still required to comply with all court rules regarding pretrial submissions and deadlines. All papers submitted will be provided to the trial judge at the time of assignment by Judge Carey's bailiff. To determine what judge you have been assigned to for trial, please check the Civil Calendar link above. It will be updated on Thursday afternoon prior to trial, and is continuously updated.
Judge Carey requires all counsel and parties to be prepared at the end of each day to disclose all witnesses that party is intending to call the following day in trial. |
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