Kentucky Civil Procedure Rules

Summary

The conversation discusses Kentuckys civil procedure rules, specifically CR 12.02 (motion to dismiss for failure to state a claim), Rule 56 (summary judgment), and the conversion of motions. It also covers the implications of these rules in foreclosure cases, the role of key admissions made outside of pleadings, and the charging of anticipated legal fees by mortgage lenders. The user also inquires about the rulings of the Kentucky Court of Appeals and the requirement for a Motion for Leave to Amend Counterclaims under Kentucky law.

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What is Kentucky Rule *
Kentucky Rule * refers to the rule for summary judgment in Kentucky's civil procedure. It allows a party to win the case without a trial if there's no dispute over key facts.
Under kentucky law must a court grant summary judgment under a CR * motion for matters outside of the pleadings?
No, a CR * motion in Kentucky law pertains to failure to make disclosures or cooperate in discovery, not summary judgment. Summary judgment is typically under Rule *.
When does a CR * motion convert to a motion for summary judgment in Kentucky?
A CR * motion may convert to a motion for summary judgment in Kentucky when the court treats the failure to comply as contempt of court. Is this related to a specific case you're dealing with?
Explain the case D.F. Bailey, Inc. v. GRW Eng'rs, Inc., * S.W.3d *, *-* (Ky. App. *) (citing McCray v. City of Lake Louisvilla, * S.W.2d *, * (Ky. *); CR *.* ).
What specific aspect of the case D.F. Bailey, Inc. v. GRW Eng'rs, Inc., do you need clarification on?
When should a motion to dismiss convert to a motion for summary judgment?
A motion to dismiss converts to a motion for summary judgment when matters outside the pleadings are presented and not excluded by the court. This is according to Kentucky Rule *.*.
Kentucky case law that deals with converting a motion to dismiss to a motion for summary judgment?
What is the specific legal issue you are facing that requires understanding of the conversion from a motion to dismiss to a motion for summary judgment?
I moved for a motion to dismiss. However, in the adverse party response, a key admission was made that was outside of the pleading, but nevertheless should have caused the court as a matter of law to grant me judgment against the complaint.
What was the key admission made by the adverse party that you believe should have led to a judgment in your favor?
The adverse party was unable to produce the certified mail receipt to evidence a requirement under the contract.
What is the specific requirement under the contract that the certified mail receipt was supposed to evidence?
Delivery of a notice.
What is the importance of this notice according to your contract?
Without the notice, the adverse party breached the contract.
What was the content of the notice that was supposed to be delivered via certified mail?
notice of intent to accelerate
What is the consequence of the breach of contract according to your agreement?
the adverse party cannot move for foreclosure.
What is the location of your property that is subject to foreclosure?
In kentucky
What is the county of your property in Kentucky?
Woodford
What is the current status of your case in court?
Again, under the light of the admission, should the motion to dismiss have been reviewed under a summary judgement standard?
What was the court's reasoning for not converting the motion to dismiss into a motion for summary judgment?
The court did not offer a reason?
What was the court's response to your motion to dismiss?
"For the reasons set forth herein. Defendants' Motion to Dismiss pursuant to OR * is OVERRULED. All parties are to complete depositions within 120 days. Failure to cooperate to set and attend depositions may subject the party to the contempt powers of the Court."
What was the court's interpretation of OR * in your case?
"For the reasons set forth herein. Defendants' Motion to Dismiss pursuant to CR * is OVERRULED. All parties are to complete depositions within 120 days. Failure to cooperate to set and attend depositions may subject the party to the contempt powers of the Court."
What is the next step you're considering in your case?

General Information:
- Kentucky Rule *.* states a motion to dismiss converts to a motion for summary judgment when matters outside the pleadings are presented.
- Woodford County Court: * N Main St, Versailles, KY *, Phone: (*) *-*.
Appeal
What is the basis for your appeal?
Hold that thought...
What specific grounds are you basing your appeal on?
new question
What is the specific legal error you believe the court made that you want to appeal?
Case law the deals with "services performed" and fees "incurred" or "disbursed."
What is the context of "services performed" and fees "incurred" or "disbursed" in your case?
Under the matter Prescott v. Seterus, Inc., No. *-* (11th Cir. Apr. *, *)
What specific aspect of the Prescott v. Seterus, Inc. case are you referring to in relation to "services performed" and fees "incurred" or "disbursed"?
can a mortgage lender charge a borrower fees not authorized under the contract?
What specific fees are being charged by the mortgage lender that are not authorized under the contract?

General Information:
- In Kentucky, lenders cannot charge fees not explicitly stated in the mortgage contract.
in the same instance, can a mortgage lender charge a borrower for anticipated legal fees or cost?
What does your mortgage contract say about the lender's ability to charge for anticipated legal fees or costs?

General Information:
- In Kentucky, any fees charged by the lender must be explicitly stated in the mortgage contract.
The contract is silent
What are the specific anticipated legal fees or costs that the lender is trying to charge you?
legal fees and costs
What is the total amount of legal fees and costs the lender is trying to charge you?

General Information:
- In Kentucky, lenders cannot charge fees not explicitly stated in the mortgage contract.
approximately $*.*
What is the breakdown of these legal fees and costs that the lender is trying to charge you?
there is no breakdown - simply anticipated legal fees and costs
What actions have you taken so far regarding these charges?
Whether in Kentucky or other jurisdictions, I need case law addressing this matter?
What specific aspect of the charges are you looking to address with case law?
Whether a lender can factor in anticipated legal fees and cost in the reinstatement of a loan after acceleration.
What does your loan agreement say about the reinstatement of a loan after acceleration?
I am responsible for all "all expenses incurred in enforcing the contract
What is the exact wording in your contract regarding the enforcement of expenses?
"pays all expenses incurred in enforcing this security instrument"
What is the exact definition of "expenses" in your contract?
reasonable attorney's fees, property inspection
What is the specific dispute about the "reasonable attorney's fees, property inspection" mentioned in your contract?
had not been incurred by the lender
What evidence do you have to prove that these fees had not been incurred by the lender?
the Record of the case
What specific information in the record of the case supports your claim that these fees had not been incurred by the lender?
The lender admitted that the sums demanded were anticipated legal fees and costs
What is the exact wording of the lender's admission regarding the anticipated legal fees and costs?
"However, the notice he then received from Plaintiff included the higher amount of $*,*.*, which amount included $*,*.* of anticipated legal fees and costs"
What actions have you taken after receiving the notice with the higher amount including anticipated legal fees and costs?
any amounts which First Federal actually incurred and disbursed as a part of its mortgage foreclosure action against the debtor. The debtor is not obligated to pay interest to First Federal on any late charges
What is the current status of your foreclosure case with First Federal?
In what case is the following quote from "any amounts which First Federal actually incurred and disbursed as a part of its mortgage foreclosure action against the debtor. The debtor is not obligated to pay interest to First Federal on any late charges"
Could you please clarify if the quote is from a specific case or is it a part of your mortgage agreement with First Federal?
What is the case text to the matter In re Smith * B.R. * (Bankr. D.S.C. *)
"In re Smith * B.R. * (Bankr. D.S.C. *)" is a bankruptcy case. Could you please specify what aspect of this case you are interested in?
please provide a link to this case
I'm sorry, but as a chatbot, I'm unable to provide links. However, you can find the case "In re Smith * B.R. * (Bankr. D.S.C. *)" in legal databases like Westlaw or LexisNexis.
Gotcha.
What is the specific legal issue you are facing that requires understanding of the case "In re Smith * B.R. * (Bankr. D.S.C. *)"?
Under Kentucky Law, can a mortgage lender charge a borrower for anticipated fees and cost, or actual fees and cost incurred?
What does your mortgage contract specify about the lender's ability to charge for anticipated or actual fees and costs?
It says it can charge for fees incurred.
What is the exact wording in your contract regarding the lender's ability to charge for fees incurred?
"pays all expenses incurred"
What is the context of "expenses incurred" in your contract? Is it related to the enforcement of the contract, late payments, or something else?
Again, is there are Kentucky Law that allows for fees not incurred under a contract?
What is the nature of these fees that were not incurred under the contract?
attorney fees
What is the exact amount of attorney fees that the lender is trying to charge you?
*.*
What evidence do you have to dispute the $*.* attorney fees charged by the lender?

General Information:
- In Kentucky, lenders can only charge fees explicitly stated in the mortgage contract.
I think that will do it. Thank you...
You're welcome! If you have any more questions in the future, don't hesitate to ask. Good luck with your case!
Is there any rule under Kentucky Law similar to the state of Washington RAP *.*.?
Kentucky does not have an exact equivalent to Washington's RAP *.*. However, Kentucky Rules of Civil Procedure (CR) *.*(*)(a) deals with the content of briefs in appellate proceedings.
Can attorney fees be awarded to either party under Kentucky rules of appellate procedure if the contract only allows for attorney's fees for one of the parties?
What is the specific language in the contract regarding attorney's fees? This can help determine if Kentucky's rules of appellate procedure would apply.
the lender has the right to recover attorney's fees
What is the nature of the dispute that led to the appeal? This will help in understanding the context better. In general, Kentucky law allows for the recovery of attorney's fees if specified in a contract.
Got it...
What is the specific issue or claim that is being appealed?
That will do it for me.
What is the current status of your case?
Thanks for your help
What is the current status of the appeal in the court?
I will be filing the notice of appeal next week
What is the basis of your appeal? This will help in understanding the context better.
Does the rules of evidence under Kentucky law allow a litigant to testify to as to the actions of a third-party?
Under Kentucky law, a litigant can generally testify about their own observations of a third-party's actions. However, hearsay rules may apply. Can you provide more context about the situation?
A mortgage servicer claimed in an affidavit that a third-party mailer sent a notice of intent to accelerate to the mortgage holder.
What is the relationship between the mortgage servicer and the third-party mailer? This could impact the admissibility of the affidavit under Kentucky's hearsay rules.
what are the three rulings the Kentucky Court of Appeals can rule?
The Kentucky Court of Appeals can issue three types of rulings: affirm, reverse, or remand the case back to the lower court.
What does it mean if the Kentucky Court of Appeals reverses a rulling?
If the Kentucky Court of Appeals reverses a ruling, it means they disagree with the decision of the lower court and change the outcome.
What does it mean if the Kentucky Court of Appeals remands a case?
If the Kentucky Court of Appeals remands a case, it means they send it back to the lower court for further proceedings or a new trial.
Gotcha...
What is the nature of the case you are dealing with?
Thanks for your help
You're welcome! If you have any more questions in the future, don't hesitate to ask. Good luck with your case!
Under Kentucky Law, must a Motion for Leave to Amend Counterclaims mandatory?
Yes, under Kentucky Civil Rule *.*, a party may amend their pleading only by leave of court or by written consent of the adverse party.
Thank you...
You're welcome! If you have any more questions about Kentucky's civil procedure or any other legal matter, feel free to ask.