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Rule III Motion and motion docket - criminal

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 III
Rule III Motion and motion docket - criminal
A. Appearance of Counsel and Defendant
1. Unless otherwise specifically required in the initial setting of bond, in all cases where Counsel has been retained or previously appointed, Counsel may appear on behalf of a defendant. The Court may require appearance at initial appearance as a condition when setting of the initial bond. At initial appearance or at any time thereafter, Counsel may request permission to appear on behalf of the defendant at later hearings or court dates.
2. In a felony case in District Court, absent permission of the Court granted only in extraordinary situations, the defendant must appear at all hearings after the initial appearance.
3. Any pleas of guilt entered by an attorney with authority from the defendant shall be in accordance with RCr 8.28.
B. Criminal Rules regarding Motions and Motion Docket
1. Written motions, other than those that may be heard ex parte, and notice of the hearing thereof, shall be personally delivered at least seven (7) days before the time specified for the hearing, unless a different period is fixed by the Rules of Civil Procedure, these Rules, any applicable statute, or by Court order.
2. Unless otherwise agreed in advance, any motion requiring an evidentiary hearing shall be initially noticed and set on a regularly scheduled criminal Court day before the appropriate Judge to hear the motion. Witnesses need not be present. The Court will schedule an appropriate date and time to hear the motion.
3. The Clerk shall keep a motion docket on which he/she shall docket in order, all motions assigned for hearing on each motion day, either by Court order or by notice duly served. This motion docket will be called on motion day and, unless otherwise ordered, the motions will be heard in the order docketed.
4. Juvenile Case -- Any motions to be heard in juvenile matters shall be written and filed of record on or before seven (7) days prior to the date of the requested hearing with proper notice to all interested parties. In regard to those cases subject to KRS Chapter 640, any motion to transfer jurisdiction Filed by the Commonwealth must comply with the provisions of KRS 640.010.

Credits

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