Rule 1. Introduction/general process
Baldwin's Kentucky Revised Statutes Annotated1st Judicial District - Ballard, Carlisle, Fulton and Hickman District Court
KY FHDC Rule 1
Rule 1. Introduction/general process
The Local Rules of Practice and Procedure for the First Judicial District Court of the Commonwealth of Kentucky shall govern all legal matters in District Court in Ballard, Carlisle, Fulton and Hickman Counties. These rules supplement, but do not supersede, the rules of Practice in the Kentucky Rules of Civil Procedure (“CR”), Kentucky Rules of Criminal Procedure (“RCr”), and the Kentucky Family Court Rules of Procedure and Practice (“FCRPP”).
103. Virtual Court Attendance. Persons:may be permitted by the Court to attend certain Court sessions remotely by virtual electronic connection. Persons incarcerated at the time of their first appearance or arraignment shall attend such proceedings virtually, unless otherwise ordered by the Court. In all other proceedings, absent a superseding order by the Supreme Court of Kentucky (or the Chief First Circuit Court Judge), and subject to Rule 103.3., below, virtual attendance may be authorized only under the following conditions:
a. By telephone or email to the District Judge's Administrative Specialist, [(270) 335-5138, or [email protected]] obtain the Court's virtual link and provide the name of the party requesting virtual attendance;
b. Any person requesting remote attendance, or the person's attorney, must furnish the Court staff the attendee's name and ensure, when joining the virtual court session that the attendee's identity is shown (if the attendee will not link to the court session by the online platform provided in the link (e.g., by telephone), the telephone number to be used for attendance shall be furnished in the initial call to Court staff so the person is properly identified in the Court's virtual waiting room. Failure to provide identification may result in a delay in calling the attendee's case, a continuance of the court date, or a sanction for failure to appear;
1. Opening Court. The Court shall be formally opened after each adjournment or recess. Court sessions shall begin each scheduled Court day at the time set forth in Rule 2, below. All persons having business before the Court shall be present, seated and remain orderly when the Court is opened for business (or if attending virtually, to be linked and identified by name in the Court's virtual waiting room, with the audio output (mic) muted).
2. Attire and Personal Effects. Persons attending any Court proceeding, including virtual attendance, shall dress appropriately with due regard for the solemnity of the Court of Justice. Attorneys are expected to dress in appropriate professional dress customary to courtroom proceedings. Head coverings (unless required for religious purposes), sunglasses or garments containing controversial or offensive artwork or messages are not allowed, and the Court may, in its discretion, require the person so attired to leave the courtroom, or remove the offensive article of clothing. Headphones, music players, and newspapers or other leisure reading materials are not permitted in the courtroom when the Court is in session.
3. Weapons, Contraband, Dangerous Instruments. No weapon or item perceived by the security personnel of the Court as contraband or a dangerous instrumentality in the possession of any person not employed by the Court of Justice, or law enforcement agency, or those licensed and designated in KRS 527.020(5)(a), shall be allowed in the courthouse; and security personnel are authorized by the Court to seize any such item not voluntarily surrendered and to secure it until the person from whom it is seized exits the courthouse. Alternatively, such identified items may be secured voluntarily in a vehicle outside the courthouse by the person in possession before entering a Court session.
4. Photography and Video Recording. No person attending any session of the District Court, other than the Clerk of the Court, may take photographs inside the courtroom, or make a video or audio recording of any proceedings for any purpose without the express permission of the Court in advance on a showing of good cause. Security personnel are authorized to seize any recording device used in violation of this Rule.
5. Security Officers/Bailiffs. Unless otherwise directed by the Court, one or more bailiffs shall be in attendance in all Court sessions. The number of officers and schedules of service in court security shall be determined by the Court Security division of the Administrative Office of the Courts. The security officers/bailiffs shall have primary responsibility for courtroom security, and orderly behavior, and such other functions as may be directed by the Court.
Credits
HISTORY: Adopted effective January 1, 2023.
Fulton and Hickman District Court Rule 1, KY R FULTON HICKMAN DIST CT Rule 1
Current with amendments received through November 15, 2023. Some rules may be more current, see credits for details.
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