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Rule 8 General criminal

Baldwin's Kentucky Revised Statutes Annotated29th Judicial Circuit - Adair and Casey Circuit Courts

Baldwin's Kentucky Revised Statutes Annotated
29th Judicial Circuit - Adair and Casey Circuit Courts
KY RACC Rule 8
Rule 8 General criminal
Currentness
8.1 Procedure of Cases
a. At arraignment, all cases shall be set for a pre-trial conference.
b. The Commonwealth Attorney is to provide discovery to the Defendant's Attorney at least 7 days prior to the pre-trial conference.
c. The Commonwealth and the Defense shall work toward a resolution of the case prior to the pre-trial conference with said resolution to be presented to the court at the pre-trial conference.
d. Except for good cause shown, no more than three (3) pre-trial conferences shall occur in any one case.
e. Except for good cause shown, no plea shall be accepted by the Court after the final pre-trial conference.
f. If a jury has reported, no plea shall be accepted on the day of trial.
8.2 Representation in Criminal Cases
Once an attorney appears for a defendant in a criminal case, he/she shall not be allowed to withdraw as counsel thereafter, except upon a showing of extraordinary circumstances.
8.3 Pretrial Conference and Plea Agreements
a. After a pretrial conference has been set by the Court, the Commonwealth Attorney and/or Assistant Commonwealth Attorney and counsel for the defendant(s) shall agree to meet and discuss any possible plea agreements or resolution of the case. At this meeting the defendant shall be present and if an agreement is reached concerning a plea agreement, same shall be reduced to writing and signed by the Commonwealth Attorney and/or the Assistant Commonwealth Attorney, counsel for the defendant, and the defendant(s).
b. Jury instructions shall be provided to the court and to the opposing counsel at the final pretrial conference.
8.4 Trials
All trials start promptly at 9:00 a.m. local prevailing time. Attorneys and parties shall be present by 8:30 a.m.
8.5 Settled Cases
When any action which is set for trial is settled, the parties shall immediately notify the office of the Circuit Clerk and the Court of this fact. Failure to give prompt notice may be grounds for assessing any cost of jury usage against one or more of the parties or their counsel.
8.6 Pre-Trial Diversion Protocol
A “Class D Felony Diversion Protocol” for this Circuit has been established and presented to the Supreme Court for approval. This protocol is attached to these rules and the terms of the protocol are incorporated herein in as Attachment D by reference.
8.7 Return of Indictments
Indictments shall be returned by the Grand Jury in open Court. Copies of Indictments and/or information contained in the Indictments shall not be released to the public prior to being processed in the Circuit Clerk's Office.

Credits

HISTORY: Adopted effective April 10, 2014.
Adair and Casey Circuit Court Rule 8, KY R ADAIR CASEY CIR CT Rule 8
Current with amendments received through November 15, 2023. Some rules may be more current, see credits for details.
End of Document