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Rule 104 Court Organization and Assignment of Cases

Baldwin's Kentucky Revised Statutes Annotated6th Judicial District - Daviess District Court

Baldwin's Kentucky Revised Statutes Annotated
6th Judicial District - Daviess District Court
Rule 1 Introduction / Administrative Procedure
KY RDDC Rule 104
Rule 104 Court Organization and Assignment of Cases
A. The Daviess District Court shall operate in three (3) divisions, namely Division I, Division II, and Division III, and each shall hear cases in all matters over which the District Court has been given jurisdiction by the General Assembly where there is no sitting Family Court.
B. Each Judge may preside over, hear, and determine any case or question in the other divisions when so agreed between the Judges, or when the Judge of one division is not available.
C. Each Judge may alter the regular docket schedule where required to facilitate the effective administration of justice.
D. Assignment of Cases: The Daviess Circuit Court Clerk shall divide all cases among the three divisions randomly and as equally as possible. In juvenile, status/delinquency, paternity and domestic violence cases, whenever possible and in order to facilitate the concept of one-family/one-judge, any subsequent actions regarding the same litigants (including criminal assault cases) shall be assigned to the original division. Specific matters relating to the assignment of individual types of cases are set forth below, to be adhered to whenever possible.
1) Paternity and Dependency/Neglect/Abuse (“d/n/a”): The Daviess Circuit Court Clerk, Juvenile Division (“Juvenile Clerk”) shall assign all petitions involving the children of the same mother to a single division, and any subsequent petitions involving the same children or their siblings shall be assigned to that same division.
2) Status/Delinquency: The Juvenile Clerk shall assign all petitions involving co-defendants to the same division. If one co-defendant has previously had either a d/n/a or status/delinquency petition in this county then all codefendants shall be assigned to that division. If multiple codefendants have pre-existing cases before different divisions then the new status/delinquency petitions shall be assigned to the Division with the active or the most recent past petition. Where a child, due to co-defendants, has had a Petition transferred to a different Division, after resolution of that case the Juvenile Clerk shall assign any future cases to the original division.
3) Domestic Violence: When a Petition for an Emergency Protective Order is received, the Juvenile Clerk shall randomly assign the case to a Division of the Daviess District Court unless: the parties have a previous domestic violence action; the parties have an existing action before the Daviess Circuit Court for divorce, custody, or support; the parties have an existing paternity or juvenile file already assigned to a Division of the District Court; or the parties have a pending assault case already assigned to a Division of the District Court. If any of the aforementioned circumstances exists, then, in order to facilitate the goal of one-family/one-judge, the Juvenile Clerk shall assign the Petition to that Division or Circuit having the pre-existing or pending case.
4) Criminal: The Daviess Circuit Court Clerk, Traffic and Criminal Division (“Criminal Clerk”) shall assign Co-Defendants' cases to the same division. Where a defendant is charged with Assault Domestic Violence the criminal case and any domestic violence action or d/n/a action involving the same parties shall be assigned to the same division.
5) Probate: Where there has previously been a probate case, the Daviess Circuit Court Clerk, Probate Division (“Probate Clerk”) shall assign any subsequent actions relating to Trusts, Wills, and Disability Proceedings involving the same estate or parties to the originally assigned division.

Credits

HISTORY: Amended effective May 9, 2012.
Daviess District Court Rule 104, KY R DAVIESS DIST CT Rule 104
Current with amendments received through November 15, 2023. Some rules may be more current, see credits for details.
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