Rule 8 Criminal
Baldwin's Kentucky Revised Statutes Annotated52nd Judicial Circuit - Graves Circuit Court
KY GRAVESC Rule 8
Rule 8 Criminal
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.
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.
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.
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.
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.
End of Document |