Rule 2. Divisions
Baldwin's Kentucky Revised Statutes Annotated9th Judicial District - Hardin District Court
KY RHDC Rule 2
Rule 2. Divisions
(1) Civil: 2.04 Assignment of Case. For general civil, probate cases, small claims and evictions, the Clerk shall prepare a stack of shuffled cards containing an equal number of cards marked Division I and Division II. The Clerk shall draw, anonymously and by chance, a card from the stack and assign the next case to the to the division appearing on that card. This procedure will be repeated until all of the cards in the stack have been drawn, at which time the clerk will prepare a new stack to be used in the same manner. If at the time of the filing of the case it is determined that cases involve the same parties or are otherwise related, they may be processed together under this section to be assigned to the same division. Once the random division is drawn and assigned, the Clerk shall number the cases for DI with odd numbers and the cases for DII with even numbers.
(2) Criminal/Traffic Cases: All criminal and traffic cases shall be assigned by the clerks alternating between divisions so as to best keep a similar number of cases in each category of traffic/misdemeanor/felony and to coordinate with the scheduling calendars of each judge especially as to felony Rocket Docket dates. However, the clerk shall make every attempt to set co-defendants in the same division and to set new cases for a pending defendant in the same division for judicial efficiency.
2.05. Inter-Division Transfers: Upon orders signed by a Judge, a proceeding may be transferred from one division to the other when the Judge of either division to which a case has been assigned is disqualified, when co-defendants each have pending cases, when the necessity for an early trial date arises, when a defendant is found to have several current pending cases or when in the opinion of the Judge good and sufficient reasons so require.
(1) Criminal Cases. Regardless of the assignment of a proceeding to a particular division, the Judge of either division may, in the absence of the other, exercise jurisdiction and sign any order or entertain any proceeding requiring immediate attention when the Judge to which said proceeding is assigned is not readily available or is incapacitated to enter said order. This shall include search warrants, arrest warrants, bench warrants, summons, setting of bond, preliminary hearings, detention of juveniles, and any other matter requiring expeditious treatment.
(2) Civil Cases. Regardless of the assignment of a case to a particular division, the Judge of either division may in the absence of the other Judge sign a restraining order or other order needed for any temporary extraordinary relief until such matter can be considered by the Judge of the division to which said case has been assigned, provided the applicant's rights are being or will be violated and he or she will suffer immediate and irreparable injury by delay, as shown by verified complaint, affidavit or sworn proof. In like circumstances, either judge may sign Emergency Involuntary Requests for Evaluation or Hospitalization.
2.07. Remote Court. Court will be held in person for all cases on all docket times unless specifically set by a judge for a particular case. There may be certain circumstances for out-of-state parties, jail inmates from other counties, those in treatment facilities or those in a high-risk health category that a judge may set to appear on a specific date for a Teams link appearance. These will be set at a time at the discretion of the judge and may occur at a time convenient for the court which may include the Wednesday of her non-jury week at 2:30.
Credits
HISTORY: Amended effective March 1, 2022. Prior amendments effective July 22, 2016; March 6, 2007.
Hardin District Court Rule 2, KY R HARDIN DIST CT Rule 2
Current with amendments received through November 15, 2023. Some rules may be more current, see credits for details.
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