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Rule 7 Pretrial Motions

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 7
Rule 7 Pretrial Motions
A. All pretrial motions and notices shall be filed in the clerk's office at least 20 days before trial or at such other time as the Court may provide by order. Additional time will not be granted except by leave of the court upon a showing of good cause pursuant to written motion of counsel stating with particularity the grounds therefor. Such motions will not be granted routinely.
B. All pretrial motions shall be made in strict conformity with RCr 4.40, 4.42, 4.48, 8.12, 8.14, 8.16, 8.18, 8.20, 8.22, 8.26, 9.04, 9.12, 9.14, 9.16, and 9.26. All pretrial motions requesting an evidentiary hearing and motions to suppress under RCr 9.78 shall allege the facts to be relied upon with particularity. All such motions shall be accompanied by any citations of authorities to be relied upon by counsel.
C. Any party desiring to respond to such motions or citations of authorities shall do so promptly after the filing of such motion.
D. Failure to comply with this rule shall constitute ground to overrule such motions.
E. Oral argument upon such a motion shall be permitted only when an evidentiary hearing is held, unless the motion specifically requests oral argument and the court determines that the issues raised thereby merit oral argument.
F. All pending pre-trial motions shall be ruled upon no later than the date of the pre-trial conference; or if no pre-trial conference is to be held in that particular case, all pending pre-trial motions shall be ruled upon no later than the Friday preceding the day of trial.
G. The Commonwealth may erase the tape of the Grand Jury testimony regarding a particular case after the first date on which that case is called for trial (whether or not the trial is postponed) or after the attorneys for all defendants in that case have purchased and received a transcript of the testimony, whichever occurs first, unless the Court orders the tape preserved until a later date upon motion of a defendant for good cause shown.

Credits

HISTORY: Amended effective January 13, 2004.
Pike Circuit Court Rule 7, KY R PIKE CIR CT Rule 7
Current with amendments received through November 15, 2023. Some rules may be more current, see credits for details.
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