Ky. Sup. Ct. Order 2023-15 BCR 3.2

a. If a plaintiff fails to identify a case as appropriate for assignment to

the Business Court Docket under BCR 3.1(a), but any defendant believes such

assignment is appropriate, that defendant shall first attempt to reach an

agreement with the plaintiff regarding reassignment of the case to the Business

Court Docket. If agreement to reassignment is reached, counsel shall submit

an agreed order on Form AOC-BCD-1 identifying the subject matter of the

Complaint that falls within the scope of BCR 2.1. Upon entry of the agreed

order, the clerk of the court shall reassign the case to the Business Court

Docket in the same manner as if it had been originally identified by the plaintiff

as appropriate for the Business Court Docket.

b. If an agreement regarding reassignment is not reached, the

defendant shall file a motion for reassignment on Form AOC-BCD-2. The

motion for reassignment shall be limited to five pages in length and shall be

filed within the same timeframe required for serving an answer or response to

the complaint. No response to the motion for reassignment shall be allowed.

c. A motion for reassignment shall be submitted to the Chief Circuit

Judge of the Jefferson Circuit Court. In the event the Chief Circuit Judge is

also a Business Court Docket Judge, the motion for reassignment shall be

submitted to the Supreme Court Justice for the 4th Appellate District.

d. The filing of a motion for reassignment shall not constitute a stay

of any other filing obligation, including the obligation to file a responsive

pleading or motion within the timeframe required by CR 12.01.

e. Within fifteen days after the motion for reassignment is filed, the

Chief Circuit Judge or, if appropriate under BCR 3.2(c), the Supreme Court

Justice for the 4th Appellate District, shall determine whether the case is

appropriate for assignment to the Business Court Docket. Upon entry of the

AOC-BCD-4 reassigning the case to the Business Court Docket, it shall be

returned to the Office of the Circuit Court Clerk for assignment in the same

manner as if it had been originally identified as appropriate for the Business

Court Docket.

f. The Circuit Court judge to whom the case was originally assigned

shall retain jurisdiction over the case unless it is reassigned to the Business

Court Docket.