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Rule 6 Superseding Indictments

Baldwin's Kentucky Revised Statutes Annotated35th Judicial Circuit - Pike Circuit Court

Baldwin's Kentucky Revised Statutes Annotated
35th Judicial Circuit - Pike Circuit Court
Criminal Rules of the Pike Circuit Court
KY RPCC Rule 6
Rule 6 Superseding Indictments
Currentness
A superseding indictment is an indictment that replaces and dispenses with one previously returned.
A. When a superseding indictment is being returned, the attorney for the Commonwealth shall attach a notice to the superseding indictment so indicating and identifying the indictment being replaced.
B. The clerk shall file a copy of all papers from the former indictment in the file of the superseding indictment. All motions and orders regarding the former indictment shall apply to the superseding indictment except as stated in paragraphs C and E hereof. The superseding indictment shall be docketed in the same division as the former indictment.
C. The bail bond posted in the former indictment shall apply to the superseding indictment unless the defendant is charged with an additional or greater offense.
D. The court shall issue an order requiring the defendant and his attorney to appear for arraignment to enter a plea to the superseding indictment.
E. A superseding indictment returned within seven days before the trial date of the former indictment shall be assigned a new trial date at arraignment.

Credits

HISTORY: Amended effective January 13, 2004.
Pike Circuit Court Rule 6, KY R PIKE CIR CT Rule 6
Current with amendments received through November 15, 2023. Some rules may be more current, see credits for details.
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