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Rule R20C-155 Criminal cases

Baldwin's Kentucky Revised Statutes Annotated20th Judicial Circuit - Greenup and Lewis Circuit Court

Baldwin's Kentucky Revised Statutes Annotated
20th Judicial Circuit - Greenup and Lewis Circuit Court
KY RCLC Rule R20C-155
Rule R20C-155 Criminal cases
1. At the time of arraignment, each case shall be assigned a time for Trial Management Conference. Trial Management Conferences shall be held as a matter of course in all criminal matters, usually within six (6) weeks of arraignment. The Arraignment and Pretrial Order, form AOC-045-11, will establish the times for compliance with the Court's Open File Discovery.
If the case cannot be disposed of at the Trial Management Conference, then the Court will set it for trial and assign a Pre-Trial Conference date, usually no more than seven (7) days prior to trial.
DUTY OF PROSECUTOR
2. Open File Discovery
a. The Commonwealth shall file with the Court, a copy of the discoverable portion of the contents of the Prosecutor's file for the use and inspection of the Defendant, within fourteen (14) days of arraignment. In the event the Commonwealth withholds any material contents in its file, under a claim of same being non-discoverable, the Commonwealth shall state so in writing, at the time the Prosecutor's file contents are filed with the Court. Upon written motion by the Defense, the Court will consider whether the Prosecutor shall release the requested information.
b. The Commonwealth shall include in its Discovery, all information in its possession or control, including the information contained in RCr 2.24 and RCr 2.26.
c. Upon Defense motion, pursuant to RCr 5.16(3), the Commonwealth shall provide the Defendant's counsel a duplicate of any mechanical recording relating to the indictment testimony taken before the Grand Jury.
d. The Commonwealth remains under a continual order to file any supplemental material. All supplemental material must be filed by the Trial Management Conference. All supplemental material and information that could have reasonably been ascertained prior to the Trial Management Conference, that is filed after the Trial Management Conference, will not be permitted to come into evidence except upon leave of the Court for good cause shown.
3. Offer on Plea of Guilty
a. The attorney for the Commonwealth shall provide to the Defendant, a recommendation of disposition of the case by filing in the Court record, “Commonwealth's Offer on a Plea of Guilty”, AOC Form 491.1, within fourteen (14) days of filing the Commonwealth's Discovery. Defense Counsel will discuss with the Defendant, the Commonwealth's Offer, prior to the Trial Management Conference and be prepared to respond thereto. Should the Defendant accept the proposal, at the Trial Management Conference, Defense Counsel shall submit to the Court, “Motion to Enter Guilty Plea,” form AOC-491, or other applicable forms, signed by the Defendant, and Defense Counsel. If the Defendant fails to accept the proposed disposition, the Court will then set the case for trial as soon as possible.
DUTY OF DEFENSE COUNSEL
4. The attorney appearing for the Defendant at arraignment, unless otherwise relieved, shall be in attendance at the Trial Management Conference, and shall submit such written motions as the attorney shall expect to offer in the case. No additional motions may be offered after the Trial Management Conference, except by leave of the Court, upon a showing of excusable neglect, or if it concerns a matter of which the attorney was not aware or which did not come to the attorney's attention prior to the time of the Trial Management Conference, or in the interest of justice.
5. Additional Discovery
a. The Defendant, by and through Defense Counsel, may request, by written motion, additional discovery or seek the Court's assistance in obtaining other relief to which he/she may be entitled. Any motions for additional discovery must be very specific and not general in nature. The Court will summarily overrule broad motions for discovery.
b. If the Defendant desires a duplicate of any mechanical recording relating to the indictment testimony taken before the Grand Jury, Defense Counsel shall make an oral request for same to the Commonwealth's Attorney. If the Commonwealth has not responded within two (2) weeks, Defense Counsel may move the Court for same.
c. If the Defendant desires to inspect evidence that has been listed in Commonwealth's Discovery as being in safekeeping with a law enforcement agency, then Defense Counsel shall give reasonable notice to the agency where the evidence is located, of his/her intent to inspect. Defense Counsel shall inspect, photocopy or otherwise copy said evidence in the presence of a law enforcement agency official or its designate, during reasonable business hours as may be agreed upon.
6. Ex Parte Motions for Experts Filed by Defense
a. In the event a defense attorney files an ex parte motion to appoint an expert, the court shall conduct an ex parte hearing on the record to determine if it is appropriate to order the appointment of an expert, in accordance with KRS 31.185.
b. If the court determines that the appointment of the expert witness is appropriate, then the court shall enter an appropriate order. The defending attorney shall, in writing, notice the court and the Commonwealth thirty (30) days prior to trial of the defending attorney's intent to call the expert as a witness.
DUTY OF LAW ENFORCEMENT OFFICERS
7. All law enforcement officers possessing evidence not otherwise provided to the Commonwealth's Attorney office, due to impracticality or security reasons, shall make a list of said evidence and the location of safekeeping. This list shall be provided to the Commonwealth's Attorney and shall be made a part of the Commonwealth's Discovery filings.
Such evidence shall be available to Defense Counsel for inspection, photography or copy, at the location where the evidence is housed, during reasonable business hours and with reasonable notice to the officer or agency. The notice, availability and inspection of such evidence shall be accomplished without further orders of the Court.

Credits

HISTORY: Amended effective July 15, 2005.
Greenup and Lewis Circuit Court Rule R20C-155, KY R GREENUP LEWIS CIR CT Rule R20C-155
Current with amendments received through November 15, 2023. Some rules may be more current, see credits for details.
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