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Rule 4. Criminal Proceedings

Baldwin's Kentucky Revised Statutes Annotated8th Judicial District - Warren District Court

Baldwin's Kentucky Revised Statutes Annotated
8th Judicial District - Warren District Court
KY RWDC Rule 4
Rule 4. Criminal Proceedings
4.01. Arraignments. Arraignments will be held every weekday all year, except on court holidays as set by the Administrative Office of the Courts, as set forth on Criminal Docket schedules hereinabove. If a Judge is ill or absent, he or she shall request another Warren County Judge, or request the Chief Regional District Judge to appoint a Special Judge, to conduct arraignments.
4.02. Motion Practice. Motions shall be filed pursuant to the Kentucky Rules of Criminal Procedure. Substantive motions in Division 3 shall be noticed for the Monday afternoon Criminal Docket of Division 3's Criminal week. Substantive motions in Division 1 and Division 2 shall be noticed for any Criminal Docket during Division 1 or Division 2's Criminal week and shall be noticed for the purposes of scheduling an evidentiary hearing, if required, as Division 1 or Division 2 may order.
4.03. Jury Trials. Upon scheduling of a jury trial, the Judge may schedule a final mandatory pre-trial conference.
4.04. Settlements--Notifications. Upon the settlement of any criminal action which is set for trial, the parties or counsel shall notify, prior to 3:00 p.m. the day before the scheduled trial, the Judge and/or Judge's office and the Division Clerk of settlement. The Court will dispose of the case at such date and time as the court may direct.
4.05. Entries of Appearance. Except for the Department of Public Advocacy (due to AOC-350) counsel retained by a defendant shall file an “Entry of Appearance” setting forth a valid address for Certificate's of Service and a valid telephone number, with a Certificate of Service to the Commonwealth. Counsel shall have a continuous duty to amend an Entry of Appearance if their address or phone numbers change, and file same within 14 days of said change.
4.06. Traffic Court/Misdemeanor Court. In the interest of Judicial efficiency and economy the following are accepted as local rules of practice concerning Traffic Court/Misdemeanor Court and attorneys, clerks, officers, and defendants may rely on these rules to govern their advice and actions.
4.06.01. Insurance Charges, Registration Charges, No license in Possession, Expired License and Defective Equipment. The Clerk may accept from the defendant and file with the Court any proof of license, insurance, registration or proof of repair to be considered by the Commonwealth at the next scheduled date. Proof of insurance should be on an insurer's letterhead indicating the vehicle covered and coverage for the specific date of alleged driving. However, the Clerk shall have no authority to release a defendant from appearance and any defendant failing to appear shall do so at his/her own peril. If proof is found adequate for a dismissal by prosecutor, no appearance will be necessary for the Court to dismiss. However, if proof is inadequate for dismissal by prosecutor, the Court will issue a court notice for the next court date for defendant to appear. If the defendant does not appear at the next scheduled date, the Court may issue FTA suspension of driving privileges and/or bench warrants as appropriate in the discretion of the Court.
4.07. Bench Warrants/Failure to Appear Suspensions of License. In the discretion of the presiding Judge, bench warrants and failure to appear suspensions of driver's license will not be recalled without the appearance of a defendant in court. Such request to recall bench warrants and failure to appear suspensions of driver's license shall be placed on the docket by written or telephonic request/motion by attorney or defendant.
Even without the personal appearance of the defendant, the Clerk shall consider as recalled any bench warrant for fines and court costs which have been paid in full and shall notify the Transportation Cabinet to recall any attendant FTA(DOT) of a driver's license.
4.08. Pre-payable Offenses. The Court may designate offenses as pre-payable by Administrative Order and the procedure for the same.
4.09. Hardship License. Defendants seeking Hardship Licenses following convictions in Driving Under the Influence cases which may be required to be reviewed by the Judge may file the required Petition and Tendered Order and submit to the Clerk. The Clerk shall set a hearing date.
4.10. Ignition Interlock License. The defendant shall contact the Transportation Cabinet for the issuance thereof. The issuance of Ignition Interlock Devices is governed by the applicable provisions of the Kentucky Revised Statutes.
4.11. Conversion of Fines and Court Costs. Posting of all cash bonds which were made in the name of the defendant may be converted by the Court for the payment of all fines and court costs without further notice to the defendant and without further Order of the Court.

Credits

HISTORY: Adopted effective August 31, 2023.
Warren District Court Rule 4, KY R WARREN DIST 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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