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Rule 8 Criminal

Baldwin's Kentucky Revised Statutes Annotated52nd Judicial Circuit - Graves Circuit Court

Baldwin's Kentucky Revised Statutes Annotated
52nd Judicial Circuit - Graves Circuit Court
KY GRAVESC Rule 8
Rule 8 Criminal
801. Jury Terms
There will be six (6) jury terms of the Graves Circuit Court per calendar year during the following months, unless otherwise ordered by the Court: January, March, May, July, September, and November.
802. Grand Jury
A. Grand Jury shall be empanelled for an entire year during the month of January of each year and shall consist of twelve (12) members and a number of alternates as determined by the Court.
B. The Grand Jury shall meet in regular session every other month during the calendar year on a date designated by the Circuit Judge.
803. Criminal Arraignments and Motions
A. When the Grand Jury returns its indictments, the Court shall designate a date for arraignments on regular criminal motions days (Mondays at 9:00 a.m.)
B. Both the defendant and his attorney must be present at the arraignment. The attorney appearing for the defendant at the arraignment shall represent the defendant in all future stages of the proceeding. An attorney shall not withdraw from employment after arraignment in a criminal proceeding without permission of the Court.
C. At the time of arraignment, each defendant shall be assigned a date for a status conference with the Commonwealth's Attorney.
D. If the defendant is represented by counsel, said counsel may file a written Entry of Appearance and a Waiver of Formal Arraignment. This written waiver must be signed by the defendant and counsel and shall provide for the defendant to appear at the scheduled status conference and pretrial conference. Defendant's appearance at the status conference mentioned in the waiver shall be a condition of defendant's bond.
E. If defendant is not on bond from District Court, the formal arraignment may not be waived.
F. All criminal motions shall be filed with the Clerk and noticed for hearing at criminal motion hour, which shall be each Monday at 9:00 a.m., unless otherwise ordered by the Court.
804. Status Conference and Pretrial: Criminal Cases
A. The Commonwealth Attorney's office shall set aside one day every other month for scheduled status conferences between the Commonwealth and defense counsel. The defendant's presence shall be required.
B. The status conference will be scheduled through the office of the Commonwealth Attorney and shall be at least thirty (30) days after the scheduled formal arraignment.
C. At least ten (10) days prior to the status conference, the Commonwealth Attorney shall have filed a copy of the indictment, the Commonwealth's Bill of Particulars and all pertinent discovery and shall be prepared to make the Commonwealth's offer at the status conference.
D. The Commonwealth shall, within seven (7) days after the status conference, submit to the Court, and to the Defendant, the Commonwealth's written plea bargain agreement or sentence recommendation in the case. The defendant shall have until the close of the pretrial conference to accept or reject the plea bargain agreement or sentence recommendation submitted by the Commonwealth Attorney or to negotiate further with the Commonwealth Attorney. If a plea bargain agreement can be entered into between the parties, the defendant shall be prepared to enter his plea at the pretrial conference. After the plea is entered, a sentencing hearing will be scheduled. If no plea bargain agreement can be entered into, the Commonwealth Attorney shall withdraw his offer at the conclusion of the pretrial conference, and the case will be assigned for an immediate trial date.
E. At the time of arraignment, each case shall be assigned a pretrial conference date. The pretrial conference shall be at least seven (7) days after the status conference.
F. All pretrial motions shall be filed and served prior to the pretrial conference, requesting a special hearing date for any motion requiring testimony or argument anticipated to last more than fifteen (15) minutes.
G. The attorney appearing for the defendant at arraignment shall be in attendance at the pretrial conference and shall submit such written motions as he shall expect to offer in the case at least seven (7) days prior to the pretrial conference. No additional motions may be offered after pretrial conference, except by leave of the Court and upon a showing of excusable neglect or if it concerns a matter of which he was not aware or which did not come to his attention prior to the time of the pretrial conference or in the interest of justice.

Credits

HISTORY: Adopted effective April 13, 2012.
Graves Circuit Court Rule 8, KY R GRAVES CIR CT Rule 8
Current with amendments received through November 15, 2023. Some rules may be more current, see credits for details.
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