Ky. Sup. Ct. Order 2023-15 BCR 3.3

Filing of a Counterclaim

a. If, at the time the answer is filed, a counterclaim brings a case

within the jurisdiction of the Business Court Docket, the counterclaimant shall

first attempt to reach an agreement with the other parties regarding

reassignment of the case to the Business Court Docket. If an agreement to

reassignment is reached, counsel shall submit an agreed order on Form AOC-BCD-1 identifying the subject matter of the counterclaim 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 as appropriate for the Business Court Docket.

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

defendant shall submit a motion for reassignment on Form AOC-BCD-2

identifying the subject matter of the counterclaim that qualifies the case as

appropriate for assignment to the Business Court Docket under BCR 2.1. The

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

c. A plaintiff objecting to the reassignment of the case to the Business

Court Docket may, within the timeframe required by CR 12.01, file an objection

setting forth the basis therefore. The objection shall be limited to five pages. No

response to the objection shall be filed.

d. A motion for reassignment filed under this Subsection shall be

processed in the same manner as prescribed under BCR 3.2 (c) – (f).