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Rule 8. Miscellaneous procedures

Baldwin's Kentucky Revised Statutes Annotated1st Judicial District - Ballard, Carlisle, Fulton and Hickman District Court

Baldwin's Kentucky Revised Statutes Annotated
1st Judicial District - Ballard, Carlisle, Fulton and Hickman District Court
KY FHDC Rule 8
Rule 8. Miscellaneous procedures
801. Compliance with Civil Rules. All papers or filings in any proceeding in the First District Court shall comply fully with the format, form and filing requirements of Rules 7 and 11 of the Kentucky Rules of Civil Procedure, including the provisions of Rule 7 for redaction of private information.
802. Confidential Filings Exempt from Redaction Requirements. Pleadings, papers and exhibits filed pursuant to statutory confidentiality provisions (for example, papers filed in proceedings under Chapters 199, 610, 620 and 625 of the Kentucky Revised Statutes) and in compliance with the confidentiality provisions in those statutes (for example KRS 625.045 and .108) need not redact personal information.
803. Timely Entry of Pleas in Criminal Proceedings.
1. Defendants in criminal or traffic proceedings who desire to enter a plea agreement conditioned on a jail sentence or conditionally discharged incarceration may do so at an arraignment or pretrial conference on the following prerequisite conditions:
a. The plea terms must be accepted and approved prior to the party's call on the docket by the District Court; and
b. A sentencing and/or conditional discharge order signed by the defendant is furnished to the Court setting conditions for a jail sentence or incarceration conditionally discharged consistent with the agreement.
2. The Court reserves the right to reschedule any pretrial conference to a later date in the Court's Division (Rules 201 to 205) for a party's failure to comply with the conditions herein. Parties should consult with the County Attorney a reasonable time prior to the party's appearance in court to discuss and/or negotiate plea terms to avoid a continuance.
3. Except for good cause (e.g., a scheduling conflict of counsel, delayed lab results, or delays in reinstatement of operator's license), no party shall be allowed to continue a pretrial conference unreasonably or to otherwise hinder progress in the proceeding; and the Court reserves the right to set a trial date, or impose other appropriate sanctions (e.g., CR 37.02, CR 41.01, RCr 7.24(3)(b)(C) or (D)) if the case does not proceed apace due to dilatory actions or neglect.
804. Release of Bail Bonds. When any bail bond is fixed by the Court for a pretrial release of any defendant charged in a matter before the District Court to guarantee the defendant's attendance at any proceedings before the Court and to make the defendant amenable to the orders and processes of the Court, subject to any additional conditions of release imposed by the Court, and the defendant or one or more sureties execute the bond and pay the funds necessary for release, such bail bond funds may be released, subject to any fees imposed by the Clerk for processing, as follows:
804.1. If the charge(s) upon which the defendant or sureties execute a bail bond are dismissed, the bond funds will be released by the Clerk in a check delivered via the United States Mail and issued within seven (7) days to the defendant if the funds were posted by the defendant, and within thirty (30) days to a surety if the funds were posted by a surety(s).
804.2. If the defendant enters into a diversion or deferred prosecution agreement with the Commonwealth to resolve any charge(s) upon which the defendant or sureties executed a bail bond, the bond funds will be released by the Clerk check delivered via United States mail within seven (7) days after the action is dismissed upon notice of completion of the conditions of the diversion or deferred prosecution.
804.3. If the defendant enters a plea of guilty, or is found guilty, on the charge(s) upon which the defendant posts a bail bond, the bond funds will be applied to the fines and court costs assessed by the Court in the judgment of conviction; and if the bail bond is posted by a surety, the surety may, but is not compelled to, agree to apply the posted bail bond funds to the fines and court costs assessed by the Court in the judgment of conviction, and if the surety(s) so agrees, the surety shall be required to sign a consent form in the Clerk's Office to effect the application of the bond to such obligations of the defendant. Otherwise, the surety's bond will be paid by the Clerk check delivered by mail within thirty (30) days after the defendant's completion of the sentence on such charge(s).
805. Criminal and Domestic Violence Warrants/eWarrants. All warrants sought for alleged criminal offenses or petitions for domestic violence or interpersonal violence shall be submitted for Court review and possible issuance via the Kentucky eWarrants System. In the event the eWarrants System is not operational, written warrants and supporting affidavits may be delivered to the Court for review via electronic mail [email protected]. and if that mode of delivery is not available, then by personal delivery, provided notice is first delivered to the Court by text message so the Court may determine the time and place of delivery.
806. Amendment or Suspension of Rules in the Interest of Justice. These Local Rules may be amended or the application suspended at the discretion of the Court and at any time for good cause in the interest of judicial economy or justice; and any such amendment or suspension will be effective immediately until lifted or further amended by the Court.

Credits

HISTORY: Adopted effective January 1, 2023.
Fulton and Hickman District Court Rule 8, KY R FULTON HICKMAN DIST CT Rule 8
Current with amendments received through November 15, 2023. Some rules may be more current, see credits for details.
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