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Rule 2 Organization of Fayette Circuit Criminal and Civil Courts

Baldwin's Kentucky Revised Statutes Annotated22nd Judicial Circuit - Fayette Circuit Criminal and Civil Courts

Baldwin's Kentucky Revised Statutes Annotated
22nd Judicial Circuit - Fayette Circuit Criminal and Civil Courts
KY RFCC Rule 2
Rule 2 Organization of Fayette Circuit Criminal and Civil Courts
A. Courts. The Fayette Circuit Court shall be composed of Criminal and Civil Courts. The Criminal and Civil Courts shall have jurisdiction as provided in KRS 23A.010.
B. Divisions. The Fayette Circuit Court is a Court of continuous session, and the Court shall consist of five numbered divisions, namely:
(3rd) Third Division
(4th) Fourth Division
(7th) Seventh Division
(8th) Eighth Division
(9th) Ninth Division
C. Assignment of Judges. Cases shall be assigned, as provided by these Rules, to the divisions of the Fayette Circuit Criminal and Civil Courts, so as to distribute the workload of the Court as equally as possible among the judges. The Judge of one division of the Fayette Circuit Criminal and Civil Courts may preside over and determine any case or question in any other division of the Fayette Circuit Criminal and Civil Courts and sign any order or judgment submitted for entry in any other division of the Fayette Circuit Criminal and Civil Courts when a Judge of that division is sick, or absent from the county or is unavailable. If all the judges of the Fayette Circuit Criminal and Civil Courts are unavailable, a Judge of the Fayette Family Court may preside over and determine any case or question in any division of the Fayette Circuit Criminal and Civil Courts and sign any order or judgment submitted for entry in any division of the Fayette Circuit Criminal and Civil Courts.
D. Transfer of Cases. After a case has been assigned to a criminal or civil division, the Judge thereof may for good cause transfer the case by written order from that division when: (1) there has been a recusal or (2) the case has been transferred with the Judge's consent. On recusal, the Court Administrator shall make a random assignment of cases that are transferred from one division of Fayette Circuit Criminal and Civil Courts to another division of Fayette Circuit Criminal and Civil Courts. The Court Administrator shall file the order of transfer in the record and serve a copy upon all parties of record. Upon such transfer being made, the Clerk will make a proper endorsement upon the docket and the record.
E. Consolidation of Cases. When two or more cases have been filed that may, as matter of right, or may, in the discretion of the Court, be consolidated and such cases are pending in different divisions of the Fayette Circuit Criminal and Civil Courts, any party to any of the cases, or the Court without motion, may have any of the cases transferred to that division of the Court in which the first of the cases was filed. If it is determined that consolidation is not proper, the Judge of that division may transfer the case back to the original division.

Credits

HISTORY: Amended effective June 30, 2009; prior amendment effective January 1, 2004.
Fayette Circuit Criminal and Civil Court Rule 2, KY R FAYETTE CIR CRIM CIV CT Rule 2
Current with amendments received through November 15, 2023. Some rules may be more current, see credits for details.
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