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Rule BCR 400 Proceeding in criminal actions

Baldwin's Kentucky Revised Statutes Annotated55th Judicial Circuit - Bullitt Circuit Court

Baldwin's Kentucky Revised Statutes Annotated
55th Judicial Circuit - Bullitt Circuit Court
KY RBUC Rule BCR 400
Rule BCR 400 Proceeding in criminal actions
The following rules shall apply to all criminal actions in the Bullitt Circuit Court:
Rule 400.10 PROCEDURE UPON RETURN OF INDICTMENT OR INFORMATION
(a) The Commonwealth Attorney shall prepare the original of each indictment as returned by the grand jury. The Commonwealth shall note on the face of each indictment whether service shall be made by the issuance of a warrant or by the issuance of a criminal summon.
(b) The Commonwealth Attorney shall provide the Bullitt Circuit Clerk with the original of each indictment. The clerk shall issue a courtesy letter unless a warrant or summons is ordered by the court. Warrants and summonses shall be in accordance with RCr 6.52 and RCr 6.54. The clerk shall assign a date for arraignment for those defendants to be served by criminal summons. Where a Defendant is arrested pursuant to a warrant, the clerk shall place his or her case on the first available docket for the first motion docket following return of service on the warrant.
(c) The clerk shall make sufficient copies of each indictment so that a copy may be delivered to each defendant and each defendant's attorney at arraignment.
(d) In the event that a defendant is charged by information, the Commonwealth shall file a copy of the information with the clerk. The clerk shall make sufficient copies of the information so that the court may distribute copies to the defendant and his or her counsel at arraignment. The clerk shall schedule the arraignment for a person charged by information in accordance with direction from the Commonwealth Attorney.
Rule 400.20 TRIAL DATES
(a) Criminal trial dates shall be assigned at arraignment. Trial dates shall otherwise be assigned upon either the oral or written motion of the Commonwealth or defendant. Either party may make a motion for a trial date by written motion at any time subsequent to arraignment.
(b) All cases shall be assigned for trial on Tuesdays or Thursdays when possible.
(c) On days on which both civil and criminal cases are scheduled for trial, the court shall determine whether a civil case or criminal case shall be tried.
Rule 400.30 DISCOVERY
(a) The court shall determine an appropriate time by which the Commonwealth shall comply with discovery taking into consideration such factors as: whether the defendant is incarcerated without the apparent ability to make bond, the length of time the Defendant has been incarcerated prior to his or her arraignment, whether the defendant requests a trial at his or her arraignment and the seriousness of the charges.
(b) Failure of the Commonwealth to comply with the court's orders for discovery and bill of particulars within the time specified therein without making a written motion for extension of time based upon good cause shown may subject the Commonwealth to imposition of sanctions including a continuance of the trial date, exclusion of evidence not furnished, release of a defendant who has not been able to make bond, reduction of charges, dismissal, or such other sanction as the court may deem appropriate.
(c) All discovery furnished by either the Commonwealth or defendant pursuant to the Rules of Criminal Procedure shall be filed of record.
(d) Nothing in this rule shall preclude a defendant from requesting additional discovery should he or she believe that the Commonwealth has or may have additional discoverable material which is not furnished in compliance with this court's standard order of discovery.
(e) The Commonwealth shall provide the Defendant with any and all discovery and exculpatory evidence in its possession and control or which it might obtain by the exercise of due diligence and which falls within the categories set forth herein or which is otherwise required by the Rules of Criminal Procedure or any other applicable law. For purposes of this rule, items of discovery or exculpatory evidence shall be deemed to be within the possession or control of the Commonwealth if those items are within the possession or control of any law enforcement officer or agency or within the possession of any state employee or agency including the Cabinet for Health and Family Services.
(f) The Commonwealth shall be under a continuing obligation to promptly furnish supplemental discovery and/or exculpatory evidence which may come into its possession subsequent to its initial compliance with this rule. The Commonwealth shall certify its compliance with this rule and file a copy of said certification and all discovery and exculpatory evidence as part of the record in the case. Nothing herein shall preclude the defendant from requesting supplemental discovery should he or she believe that the Commonwealth has not fully complied with this order.
(g) The Commonwealth shall furnish or provide the following discovery and exculpatory evidence:
(1) The substance of any and all oral statements made by the defendant or co-defendant(s).
(2) Any and all written or recorded statements made by the defendant or co-defendant(s).
(3) The right to copy, inspect and/or photograph any papers, documents, photographs, or tangible objects or copies or portions thereof which are within the possession, custody or control of the Commonwealth and which are relevant to this prosecution. The Commonwealth shall provide copies of all such materials which are readily capable of being reproduced by photocopying. The Commonwealth shall, in addition, and without necessity for a motion by defendant make the originals of such items and objects available for inspection upon request by defendant. The Commonwealth's obligation under this paragraph shall include an obligation to provide defendant with any and all documentation it intends to introduce during the sentencing phase of the trial relating to the nature and extent of any physical, psychological, or financial harm suffered by the victim(s).
(h) It shall be the responsibility of the Commonwealth to obtain and provide copies of any and all medical, psychological records or counseling records which are discoverable pursuant to the Kentucky Rules of Criminal Procedure and other applicable law, relevant to this proceeding or constitute exculpatory evidence. The Commonwealth may, in its discretion and in lieu of providing said medical, psychological, or counseling records provide defendant with the appropriate authorizations and sufficiently detailed information to allow defendant to obtain said records through the issuance of a subpoena.
(i) If the Commonwealth believes that any material under either paragraph 3 or 4 is privileged, it shall submit said materials to the court for an in camera inspection and ruling as to discoverability. The attorney for the Commonwealth shall further advise defendant of submission of certain materials for in-camera inspection. In the event the court finds that all or portions of the questioned materials should not be disclosed to defendant, the court shall excise those materials to which defendant is not entitled and shall furnish defendant with the remaining material. Those portions of materials not provided to defendant shall be sealed and placed in the record for review in the event of an appeal.
(j) The Commonwealth shall produce any results or reports of physical or mental examination(s), and of scientific tests or experiments made in connection with the above styled case or copies thereof within the possession, custody or control of the Commonwealth, the existence of who is known or should, by the exercise of due diligence, be known the attorney for the Commonwealth.
(k) The Commonwealth shall produce any prior convictions of the defendant which the Commonwealth intends to use at the trial or at the sentencing hearing in this case.
(l) The Commonwealth shall produce any and all written reports or statements prepared by any witness whom the Commonwealth intends to call to testify during either the guilt or sentencing phase of the trial which have been signed or initialed by that witness or which purport to be a substantially verbatim statement of that witness and which relate to his or her testimony. The Commonwealth shall, pursuant to this directive and in accordance with the provisions of KRS 532.055(7) provide the substance or any oral statement and any and all written statements made or prepared by any alleged victim(s) regarding the nature and extent of any physical, psychological or financial harm suffered by that person which the Commonwealth intends to introduce during the sentencing phase of the trial or which may constitute exculpatory evidence.
(m) The Commonwealth shall fully disclose to defendant any agreements or understandings reached by the Commonwealth of Kentucky, its agents, employees, attorneys or anyone acting or known by the Commonwealth to have purportedly acted on behalf of the Commonwealth, with any witness or other defendants in this or some related case whereby said person or defendant has, will or might derive any benefit either from testifying or by not testifying in this proceeding.
(n) The Commonwealth shall produce any and all other exculpatory evidence which may be in possession of the Commonwealth or which the Commonwealth may obtain by the exercise of due diligence.
(o) The Commonwealth shall make available for listening or copying the tape of the grand jury proceedings leading to the indictment of the defendant. Should defendant wish a copy of the tape of the grand jury proceedings, defendant shall provide a blank copy of a tape to the attorney for the Commonwealth for such purpose.
(p) The Commonwealth shall furnish the defendant with a bill of particulars setting forth so much of the information specified herein as is applicable to the facts of this case.
(1) The date or dates of each alleged offense. If a particular alleged offense occurred on more than one date, the nature of the conduct which occurred on each specific date.
(2) The location at which each alleged offense occurred.
(3) The time of date when each offense occurred.
(4) The identity of each and every eyewitness to each offense alleged therein.
(5) Where a specific mental state is alleged for any offense charged therein, the specific conduct upon which the Commonwealth will rely to prove each such alleged offense.
(6) The identity of any person present at the time of the commission of any alleged offense who did not witness each alleged offense.
Rule 400.40 PRETRIAL CONFERENCE
(a) At arraignment, following the furnishing of discovery by the Commonwealth, upon written motion of either the Defendant or the Commonwealth, or at such other time as the court in its discretion shall deem proper the court may schedule a pretrial conference.
(b) The following persons shall be present at the pretrial conference: the Commonwealth Attorney or his or her designee, the defendant, and defense counsel. The Commonwealth shall have any person who may be a victim of the alleged offense and the principal investigating officer or social worker, present in person or available telephonically.
(c) At a pretrial conference the court shall inquire as to the status of discovery, determine what pretrial motions may need to be considered, set a timetable for the completion of any discovery and for the filing and consideration of any pretrial motions and shall afford the parties an opportunity to discuss a possible out-of-court resolution of the pending charges. The parties shall report to the court regarding the likelihood of resolution of the pending charges by entry of a plea of guilty or through pretrial diversion.

Credits

HISTORY: Amended effective October 31, 2007.
Bullitt Circuit Court Rule BCR 400, KY R BULLITT CIR CT Rule BCR 400
Current with amendments received through November 15, 2023. Some rules may be more current, see credits for details.
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