Rule III Rules in criminal cases
Baldwin's Kentucky Revised Statutes Annotated12th Judicial Circuit - Henry, Oldham and Trimble Circuit Courts
KY HOTC Rule III
Rule III Rules in criminal cases
The Grand Jury will meet regularly in each county of the 12th Judicial District on the following schedule
Oldham County- | 2nd Friday of the Month | 9:00 a.m. |
Henry County - | 4th Friday of the Month | 8:15 a.m. |
Trimble County - | 1st Friday of the Month | 8:15 a.m. |
Monthly sessions are subject to change by specific notice from the Commonwealth. Unless otherwise specifically instructed, Defendants do not need to be present when the Grand Jury meets.
(A) Bond decisions (including Monitored Conditional Release) from the District Court will continue until arraignment in Circuit Court, subject to the conditions contained in RCr 4.42 and 4.54. In the event a Defendant is bound over to the Circuit Court after Preliminary Hearing, control over bail taken by the District Court shall pass immediately to the Circuit Court.
(B) A plea of guilty, with a recommendation from the Commonwealth, may be entered at any time before trial but only if the Court and Clerk are notified of such by the close of the second business day prior to trial so that the jury may be properly notified. If not, a plea of guilty must be to the Indictment as charged, and no amendments or plea bargaining will be approved except for good cause shown.
(B) The Court may waive this rule for good cause shown. For purposes of this rule only, a teleconference with the Court and Counsel may be held prior to the date of trial. The Court's notes shall serve as the official record of that teleconference, subject to any supplemental pleadings necessary to clarify the record. To request a good cause exception on the Trial date, the Defendant and both Counsel shall be present in open Court.
(A) If a defendant is not in state or federal custody, the jailer and/sheriff of the county in which the case is pending shall transport incarcerated defendants for arraignments, trials, and sentencing, as indicated on the Court docket. If a defendant is in state or federal custody, the Court shall issue the transport order for all appearances.
(B) In order to avoid needless delays, Counsel for a defendant held in state or federal custody should advise the Court, or the Court's secretary, at the first available opportunity, and in no event later than five (5) days prior to the scheduled hearing, of the facility where the defendant is housed. Counsel should likewise advise the Court, or the Court's secretary, of any changes in the place of custody that occur between court dates, with the same 5 day limitation. Failure of defense counsel to timely notify the Court of the proper location to which to send the transport order may result in the rescheduling of the case to a later date and shall be considered good cause for all purposes.
(A) The 12th Judicial Circuit maintains an “open file” discovery procedure. It is not necessary for Counsel for the Defendant to file a discovery motion to begin the discovery process. Counsel may timely write the Commonwealth Attorney and request either initial Discovery or a copy of the Grand Jury proceedings or both. Counsel for the Defendant shall make necessary arrangements with the Commonwealth regarding any costs associated with providing discovery or the Grand Jury tape.
(C) In the event that the defendant desires additional information not covered by the informal “open file” procedure and the Commonwealth is either not in agreement that the information is discoverable, or is not discoverable from the Commonwealth or it's agents, Counsel for the Defendant may file a formal discovery request to be heard by the Court.
(A) The 12th Judicial Circuit will schedule one pretrial conference in all cases where requested by Counsel for either party. This initial Pretrial Conference will generally be scheduled approximately 60 days after arraignment. This schedule can be altered by agreement of the parties or by the Court on request.
(B) At this conference, the Parties shall advise the Court as to discovery, plea negotiations, and the general status of the cases. Motions should be scheduled to be heard, on proper notice at this conference. The Court may hear the motions at that time or may reschedule, after consultation with the parties, to a more convenient time certain.
The Court will schedule a Trial Date at Arraignment, on the request of either party. The Court may delay the scheduling of a trail date until a later pretrial Conference either by agreement of the parties or, in the absence of a demand, where justice requires. Rescheduling a previously set Trial Date will be in accordance with Kentucky law and practice.
Credits
HISTORY: Amended effective November 19, 2008; May 21, 2012.
Henry, Oldham and Trimble Circuit Court Rule III, KY R HENRY CIR CT Rule III
Current with amendments received through November 15, 2023. Some rules may be more current, see credits for details.
End of Document |