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Rule II Organization

Baldwin's Kentucky Revised Statutes Annotated12th Judicial District - Henry, Oldham and Trimble District Courts

Baldwin's Kentucky Revised Statutes Annotated
12th Judicial District - Henry, Oldham and Trimble District Courts
KY HOTD Rule II
Rule II Organization
A. The District Court of the 12th Judicial District is a court of continuous session, and the court shall consist of two (2) divisions, namely: First Division and Second Division.
B. The causes in the district court shall be divided between the two (2) divisions as equally as possible as hereinafter provided by these rules.
C. The Judge of either division may preside and hear and determine any case or question in the other division when the Judge of that division is sick, absent from the county, or is otherwise unavailable.
D. After each cause has been assigned to a division, the Judge thereof may for any reason transfer it to the other division.
E. When two (2) or more actions, civil or criminal, have been filed that may, as a matter of right, or may, in the discretion of the Court be consolidated, and such action or actions are pending in the other division of the Court, any party to any of the actions may, with approval of the Court, have any of the actions transferred to that division of the Court in which the first of the actions was filed or assigned. The Judge of the Court may order such transfers to be made without a motion by any of the parties.
F. Causes in the District Court shall be assigned to the two (2) divisions as follows:
1. Probate -- Probate, for purposes of these rules, means a matter assigned a “P” number by the District Clerk. All probate matters are assigned a case number. All odd-numbered cases shall be assigned to the First Division. All even-numbered cases shall be assigned to the Second Division.
2. Civil -- Civil, for purposes of these rules, means any matter assigned a “C” case number by the District Clerk. All civil matters are assigned a case number. All odd-numbered cases, except forcible detainers, shall be assigned to the First Division. All even-numbered cases, except forcible detainers, shall be assigned to the Second Division.
3. Forcible Detainers shall be considered by the first available Judge and shall be assigned for further proceedings on dates and times thereafter which will expeditiously conclude the proceeding for all parties concerned, irrespective of which Judge may be presiding.
4. Criminal and Traffic -- Criminal and traffic matters are any matters assigned an “F”, “M”, or a “T” case number by the District Clerk. All of these matters shall be assigned to the Judge and Division to which the defendant is first scheduled to appear and shall not be transferred to or docketed in the other division except by the direct approval of the transferring Judge.
5. Juvenile -- Juvenile matters are any matters assigned a “J” case number by the District Clerk. All juvenile matters shall be assigned to the Judge and Division to which the child is first scheduled to appear and shall not be transferred to the other Division except by the direct approval of the transferring Judge.
6. Small Claims -- Small Claims are any matters assigned an “S” case number by the District Clerk. All odd-numbered cases shall be assigned to the First Division. All even-numbered cases shall be assigned to the Second Division.
7. Adult Mental Health -- Adult Mental Health matters are any matters assigned an “H” case number by the District Clerk. All adult mental health actions shall be considered by the first available Judge and shall be assigned for further proceedings on dates and times thereafter which will expeditiously conclude the proceeding for all parties concerned, irrespective of which Judge may be presiding.
G. All persons who are charged with criminal or traffic violations shall be bonded to appear, cited by peace officers to appear, or brought in custody from jail to appear before the court as provided by order of the Chief Judge of the District. A copy of said order or any subsequent amendment thereto, shall be sent to all clerks, jailers, local attorneys, and law enforcement agencies by the Chief Judge.

Credits

HISTORY: Amended effective November 19, 2008.
Henry, Oldham and Trimble District Court Rule II, KY R HENRY DIST CT Rule II
Current with amendments received through November 15, 2023. Some rules may be more current, see credits for details.
End of Document