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Rule 4 Assignment of Cases to Divisions

Baldwin's Kentucky Revised Statutes Annotated2nd Judicial Circuit - Mccracken Circuit Court

Baldwin's Kentucky Revised Statutes Annotated
2nd Judicial Circuit - Mccracken Circuit Court
KY RMCC Rule 4
Rule 4 Assignment of Cases to Divisions
A. The Clerk shall prepare two sets of 100 cards each. One set shall be used for the assignment of Civil cases and one set shall be used for the assignment of Criminal cases. There shall be printed or written on the underside of 50 cards from each set, “McCracken Circuit Court Division I”, and on the remaining 50 cards of each set, “McCracken Circuit Court Division II”. The cards shall then be shuffled so that the sequence will be entirely by chance. Each set of 100 cards shall be sealed on the top and on each side so that the number of the division cannot be seen. A blank card shall be placed on the last card in the package so that it will be impossible to see the number on the last card.
B. Whenever a civil action is commenced by the filing of the original complaint with the Circuit Court, the Clerk or Deputy acting for the Clerk in the presence of the attorney filing the complaint, if they desire to be present, shall remove the top card of the set and assign the case to the Division shown on that card. Whenever a criminal case is commenced by the return of an indictment, or by information, the Clerk, or Deputy Clerk acting for the Clerk shall remove the top card of the set and assign the case to the Division shown on that card. New sets of cards shall be prepared and furnished by the Clerk as needed from time to time, but no new set shall be started or opened until all of the cards in the current set have been exhausted. Upon assignment, the Clerk shall stamp the number of Division upon the complaint and the civil docket sheet. Upon assignment, the Clerk shall stamp the number of Division upon the indictment or information and the criminal docket sheet. Thereafter, pleadings, motions, orders and all papers in the case shall indicate the Division in which they are filed. The assignment card shall be attached to the record of the case. A record of the assignment in each Division shall be kept by the Clerk and a report showing the same shall be made to each Judge as and when each set of 100 cards has been depleted. Actions appealed or transferred to the Circuit Court shall be similarly assigned.
C. Either Judge may preside and hear and determine any case or question in the other Division when requested to do so by the Judge of that other Division. When either Judge is not available because they are absent from the county and for good cause it is deemed necessary that a motion or other pleading be heard and decided without delay, the other Judge may do so if they find that the circumstances justify and require it. In the event either Judge is disqualified for a good cause from trying any case, the case in which such Judge is so disqualified shall be by written order, reassigned to the other Division reciting therein the cause of such assignment. If both Judges believe themselves disqualified, the matter shall be certified to the Administrative Judge for this Region for the appointment of a special judge.
D. Where related actions are assigned to different Divisions, any party may move that the action be consolidated and/or transferred to that Division of the Court to which the first filed action was assigned.

Credits

HISTORY: Amended effective May 8, 2000.
McCracken Circuit Court Rule 4, KY R MCCRACKEN CIR CT Rule 4
Current with amendments received through November 15, 2023. Some rules may be more current, see credits for details.
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