Upon request of a defendant or intervening party, the judicial officer shall conduct a
hearing at which each party shall be provided the opportunity to present witnesses on his
behalf and to cross-examine adverse witnesses. The parties shall have the right to compel
the attendance of witnesses by subpoena and to be represented at the hearing by counsel.
The judicial officer shall make his determination upon the evidence adduced at the
hearing.
Effective: July 13, 1984
History: Amended 1984 Ky. Acts ch. 158, sec. 2, effective July 13, 1984. -- Created
1976 Ky. Acts ch. 91, sec. 6.
Notes of Decisions
Farmers Deposit Bank v. Ripato, 760 S.W.2d 396 (Ky. 1988).
“Conduct of the hearing is specified in KRS 425.031. The statutory scheme provides that a provisional remedy is available only in extraordinary circumstances with provisions for notice and an opportunity to be heard.”
Ballard v. Cope (E.D. Ky. 2023).
· cites it 2× “§ 425.031 provides that, upon request of the defendant, “the judicial officer shall conduct a hearing” and thereafter make a determination based on the evidence introduced.”
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