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Rule 2. Organization

Baldwin's Kentucky Revised Statutes Annotated38th Judicial District - Butler, Edmonson, Hancock and Ohio District Court

Baldwin's Kentucky Revised Statutes Annotated
38th Judicial District - Butler, Edmonson, Hancock and Ohio District Court
KY BEHD Rule 2
Rule 2. Organization
A. The District Court of the 38th Judicial District is a court of continuous session, and the court shall consist of two (2) divisions, namely: First Division and Second Division.
B. The cases in the district court shall be divided between the two (2) divisions as equally as possible as hereinafter provided by these rules.
C. The Judge of either division may preside and hear and determine any case or question in the other division when the Judge of that division is sick, absent from the county or is otherwise unavailable.
D. After each case has been assigned to a division, the Judge thereof may, for any reason, transfer it to the other division.
E. When two (2) or more actions, civil or criminal, have been filed that may, as a matter of right, or may, in the discretion of the Court be consolidated, and such action or actions are pending in the other division of the Court, any party to any of the actions may, with approval of the Court, have any of the actions transferred to that division of the Court in which the first of the actions was filed or assigned. The Judge of the Court may order such transfers to be made without a motion by any of the parties.
F. Cases in the District Court shall be assigned to the two (2) divisions as follows:
1. Criminal and Traffic--Cases will be divided between the divisions according to the day the offense occurred. If an offense occurred on an odd day of the month, the cases will be in Division 1. If an offense occurred on an even day of the month, the case will be in Division 2.
When a citation or criminal summons is issued, the defendant will be ordered to appear before the appropriate division within fourteen (14) days. When a defendant is arrested, he or she may be released on a bond to appear within fourteen (14) days in the appropriate division.
In the event a defendant is directed to appear in the wrong division of court for arraignment, the judge may direct the defendant to appear in the appropriate division or arraign the defendant and assign the case to the proper division. In the event a defendant has more than one pending case, efforts shall be made to schedule all cases with one judge.
2. All other cases shall be assigned to the appropriate judge using the Judge Assignment software provided by AOC for the assignment of cases.

Credits

HISTORY: Amended eff. September 8, 2023. Prior amendments eff. August 31, 2023. Adopted effective January 21, 2000.
Butler, Edmonson, Hancock and Ohio District Court Rule 2, KY R BUTLER 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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