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AP I, Sec. 3 Further disposition of cases transferred from expired courts

Baldwin's Kentucky Revised Statutes AnnotatedAdministrative Procedures of the Court of Justice

Baldwin's Kentucky Revised Statutes Annotated
Administrative Procedures of the Court of Justice
Part I. Transition to District Court (Refs & Annos)
Administrative Procedures, AP I, Sec. 3
AP I, Sec. 3 Further disposition of cases transferred from expired courts
(1) If a verdict has been returned or findings of fact and conclusions of law have been filed in a civil case, or a verdict or finding of guilt has been rendered in a criminal case, by a quarterly court, county court, police court, city court, or court of justice of the peace, the district judge may perform all duties in the further disposition of the case. If, however, the judge is satisfied that he cannot perform those duties because he did not preside at the trial or for any other reason, he may in his discretion grant a new trial.
(2) If the judge does not grant a new trial, appeals from judgments entered pursuant to this rule shall be docketed in the circuit court and tried anew according to the applicable rules of civil or criminal procedure in force prior to January 2, 1978.

Credits

HISTORY: Adopted eff. 1-2-78
<Research Note>
Note: The administrative procedures which follow were approved by the Supreme Court by Order entered November 4, 1977, to have the same effect as if issued by rule of the Supreme Court.

Editors' Notes

ADMINISTRATIVE OFFICE OF COURTS COMMENTARY
1977:
This rule addresses the problem of the disposition of cases which have already had a determination of the facts at the time they become active in the district court. It is very similar in substance to CR 63 and RCr 11.32 respectively, except for the provision for appeals. Current rules provide that judgments rendered in these expired courts will be appealed to the circuit court even if the appeal is not perfected until after January 2, 1978. De novo appeal has been provided for by this rule because there will be no record where the district judge enters judgment on verdicts returned in the predecessor courts.
Administrative Procedures, AP I, Sec. 3, KY ST ADMIN P AP I, Sec. 3
Current with amendments received through January 15, 2020.
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