Home Table of Contents

Rule 2 Organization of the Fayette District Court

Baldwin's Kentucky Revised Statutes Annotated22nd Judicial District - Fayette District Court

Baldwin's Kentucky Revised Statutes Annotated
22nd Judicial District - Fayette District Court
KY RFDC Rule 2
Rule 2 Organization of the Fayette District Court
A. Sessions. The Fayette District Court shall be composed of the following sessions: (1) Criminal (2) Civil (3) Juvenile (4) Mental Health and (5) Traffic. The sessions of the Fayette District Court shall be held as follows:
(1) Criminal: The Criminal session shall be held in Courtroom No. 3 of the Fayette District Court Building Monday through Friday as follows:
(a) Felony Preliminary Hearings: 8:30 a.m.
(b) Misdemeanor Pre-trials/Motions: 10:00 a.m.
(c) Arraignments: 1:00 p.m.
(d) Fine Payment: 2:30 p.m.
(e) Trials and/or Hearings: The Judge of the division may schedule trials and/or hearings on any of the Judge's scheduled trial dates, Monday through Friday. Unless otherwise ordered by the Court, trials and hearings will be held in Courtroom No. 2 or 4 of the Fayette District Court Building.
(2) Civil. The Civil session shall be held in Courtroom No. 5 of the Fayette District Court Building Monday through Friday as follows:
(a) Probate at 8:30 a.m.
(b) Small Claims at 9:30 a.m. The parties will be requested to resolve the case with the mediator present in court. If the matter is not settled, any hearings shall be immediately following the conclusion of the call of the Forcible Detainer docket.
(c) Forcible Detainer Hearings at 9:30 a.m.
(d) Civil Motions. Each numerical Division of the Fayette District Court shall have its regularly scheduled civil motion hour at 10:30 a.m. on its assigned day of the week. Civil cases shall be assigned for trial at the convenience of the Court upon written motion, as provided in RFDC 4.
(3) Juvenile. The Juvenile session shall consist of matters involving juvenile public offenses. The Juvenile docket shall be held in Courtroom 6 of the Fayette District Court Building Monday through Fridays as follows:
(a) Arraignments: 8:30 a.m.
(b) Detention Hearings: 9:00 a.m.
(c) Pre-trials: 9:30 a.m.
(d) Dispositions: 10:30 a.m.
(e) Hearings: 1:00 p.m. or at another time to be determined by the Court.
(4) Mental Health. The Mental Health session shall be held, as follows:
(a) Involuntary Hospitalization Preliminary Hearings and Jury Trials: 8:30 a.m. Tuesday at Eastern State Hospital.
(b) Conservator/Guardian Appointment Jury Trials: 8:30 a.m. on the second and fourth Mondays of each month in Courtroom No. 1 of the Fayette District Court Building.
(5) Traffic. The Traffic session shall be held in Courtroom No. 3 of the Fayette District Court Building at 5:30 p.m., Monday through Thursday.
B. Assignment of Cases to Divisions.
(1) Criminal cases. If a case is not resolved at arraignment, the case shall be assigned to a numerical division of the Court by random assignment and scheduled for further proceedings in accordance with these rules.
(2) Civil cases. All civil cases, including probate and small claims, but excluding forcible detainer cases, shall be assigned to a numerical division of the Court by random assignment at the time of the filing of the Petition or Complaint, and scheduled for hearing according to these rules. Forcible detainer cases shall be assigned to a numerical division of the Court by random assignment only upon the entry of an order granting a motion for a jury trial in such matter.
(3) Juvenile cases. At the time of filing of a complaint or petition, the Clerk of the Court shall review the Court's records to determine whether the family involved has had any prior contact with the Court. If no contact is revealed, the case shall be assigned to a numerical division of the Court by random assignment, and scheduled for further proceedings in accordance with these rules. If prior contact is revealed, the case shall be assigned to the numerical division of the Court which issued the most recent order concerning a family.
(4) Traffic cases. Traffic cases shall be assigned to a numerical division of the Court by random assignment only upon transfer of the case to the criminal session of the Court.
(5) Random Assignment of Cases. The Court Administrator shall prepare sets of two hundred fifty (250) cards. The underside of fifty (50) cards shall be printed, stamped or written with the number of each numerical division of the Fayette District Court. The cards shall be mixed or shuffled so that the sequence of the cards is entirely random. Each set of cards shall be sealed at the top and on each side so that the number of the division cannot be seen. At such time as a numerical division is required to be assigned by random assignment according to these rules, the Clerk of the Court shall draw the top card and assign the matter to that numerical division. The card drawn shall be appended to the Court's file.
C. Substitution of Judges. Any Judge of any division may preside, hear and determine any case or question in any other division when requested to do so by the Judge of that other division, or when the Judge of that other division is absent from the county or otherwise unavailable. Provided, however, once a case has been assigned to a division, any matter connected with the case will be heard by the Judge to whom the matter was assigned, absent good cause shown to the contrary.
D. Court Calendar. The Court Administrator shall maintain a yearly calendar detailing the assignment of the Judges to the various sessions of the Court. Such calendar shall be available for review by all interested persons.
E. Change of Schedule. Any indication of day, time, Judge assignment or courtroom for particular sessions of the Court designated within these Rules shall be subject to temporary or permanent change by the Court without notice should circumstances so require.
F. Continuous Session. The Fayette District Court shall be a Court of continuous session.

Credits

HISTORY: Amended effective January 7, 2005; approved January 7, 1999.
Fayette District Court Rule 2, KY R FAYETTE DIST CT Rule 2
Current with amendments received through November 15, 2023. Some rules may be more current, see credits for details.
End of Document