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Rule 17 Retention of videotapes and CD's

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 17
Rule 17 Retention of videotapes and CD's
Currentness
A. Notwithstanding any statute, rule or order authorizing a shorter retention period, videotapes in civil and criminal cases shall be retained by the Fayette Circuit Court Clerk as follows:
(1) Civil Cases: The “A” tape shall be retained for a minimum of five (5) years from the date of a final judgment or final order of dismissal, and the “B” tape shall be retained for a minimum of one (1) year from the date of such judgment or order. If the case were appealed, the A and B tapes would be retained permanently.
(2) Criminal Cases:
(a) Felony Cases:
1. If there is a judgment of conviction, the “A” tape shall be retained ten (10) years, and the “B” tape shall be retained for five (5) years from the date of a final judgment. If the case were appealed, the A and B tapes would be retained permanently.
2. If the defendant is found “not guilty” or the proceedings against the defendant are dismissed, the “A” tape shall be retained for five (5) years from the date of a final judgment or final order of dismissal, and the “B” tape shall be retained for one (1) year from the date of such judgment or order.
(b) Misdemeanor Cases:
1. If there is a judgment of conviction, the “A” tape shall be permanently retained, and the “B” tape shall be retained for five (5) years from the date of a final judgment. If the case were appealed, the A and B tapes would be retained permanently.
2. If the defendant is found “not guilty” or the proceedings against the Defendant are dismissed, the “A” tape shall be retained for five (5) years from the date of a final judgment or final order of dismissal, and the “B” tape shall be retained for one (1) year from the date of such judgment or order.
B. For the purpose of this rule, “final judgment” or “final order of dismissal” means a judgment or order which finally concludes the case and from which an appeal has not been taken within the time allowed or which has been affirmed by a final decision of an appellate court

Credits

HISTORY: Amended effective June 20, 2009; approved effective January 1, 2004.
Fayette Circuit Criminal and Civil Court Rule 17, KY R FAYETTE CIR CRIM CIV CT Rule 17
Current with amendments received through November 15, 2023. Some rules may be more current, see credits for details.
End of Document