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Rule IV Discovery

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 IV
Rule IV Discovery
A. The 12th Judicial District maintains an “open file” discovery procedure. It is not necessary for Counsel for the Defendant to file a discovery motion to begin the discovery process. Counsel for the Defendant shall make necessary arrangements with the Commonwealth regarding any costs associated with providing discovery.
B. Additional and or Supplemental discovery may be requested using this same procedure and will be provided subject to agreement of the parties.
C. In the event that the defendant desires additional information not covered by the informal “open file” procedure and the Commonwealth is either not in agreement that the information is discoverable, or claims it is not discoverable from the Commonwealth or its agents, Counsel for the Defendant may file a formal discovery request to be heard by the Court.
D. While the Court favors the liberal discovery procedure outlined herein, any objection to the failure to provide discovery must be, where known, raised, and ruled on, prior to the final pre-trial date. The Court will not reschedule trial dates after the final pre-trial on allegations of missing discovery where no order requiring the production was sought at, or prior to, the final pre-trial conference. Nothing in the Supreme Court Rules precludes timely objection to discovery violations.

Credits

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