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Rule 207 Criminal Cases

Baldwin's Kentucky Revised Statutes Annotated56th Judicial Circuit - Caldwell, Livingston, Lyon and Trigg Circuit Court

Baldwin's Kentucky Revised Statutes Annotated
56th Judicial Circuit - Caldwell, Livingston, Lyon and Trigg Circuit Court
Rule 2. Court Scheduling / Motion Hour / Procedures for Filing
KY CLLT Rule 207
Rule 207 Criminal Cases
(a) Unless otherwise ordered (for example, such as for persons incarcerated), all Defendants shall be arraigned in open Court on the Motion Day immediately following return of an indictment or information. Incarcerated persons shall be arraigned without unnecessary delay and as soon as practical after the indictment.
(b) The Defendant and his/her attorney shall be present at the arraignment. If the Defendant is not represented by an attorney and is found to be indigent, the Court shall, before his/her arraignment, appoint counsel to represent him/her at the arraignment. The attorney appearing for the Defendant at the arraignment shall represent the Defendant in all future stages of the proceeding unless otherwise ordered. An attorney shall not withdraw from employment after arraignment in a criminal proceeding without permission of the Court and compliance with SCR 3.130-1.16.
(c) Upon return of an indictment by the Grand Jury, the Court shall establish a bond for the defendant in accordance with applicable law. If the indictment is on an identical charge that the defendant has been released on bond from District Court, a summons for the defendant to appear will generally be issued rather than a warrant of arrest. However, since the return of the indictment is a new proceeding in Circuit Court, this Court shall set bond in compliance with applicable law and shall not necessarily be bound by bond terms established in District Court.
(d) At the arraignment, the case may be scheduled for a pretrial conference for the Motion Day following the next Motion Day after the arraignment (that is, approximately 60 days away) and will be set for trial at the nearest date approximately ninety (90) days after the arraignment. At the arraignment, an Order of Discovery and Pretrial Conference will normally be entered and the Commonwealth and defendant(s) shall comply with its terms.
(e) Any post-judgment motion, including motions for shock probation, shall be filed under the ten (10) day rule, LR 204(j)(10), unless noticed for the next regular Motion Day after filing of the Motion. Unless otherwise approved by the Court, the defendant will not appear at the hearing for shock probation and no additional testimony will ordinarily be heard.

Credits

HISTORY: Amended effective January 7, 2014. Prior amendments effective April 23, 2012.
Caldwell, Livingston, Lyon and Trigg Circuit Court Rule 207, KY R CALDWELL CIR CT Rule 207
Current with amendments received through November 15, 2023. Some rules may be more current, see credits for details.
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