SCR 1.040 The circuit and district courts
Baldwin's Kentucky Revised Statutes AnnotatedRules of the Supreme Court
Rules of the Supreme Court (SCR), Rule 1.040
SCR 1.040 The circuit and district courts
(1) Territorial assignment.
All judicial proceedings at the trial level shall be regularly conducted by the circuit and district judges elected or appointed from the respective circuits or districts in which such proceedings have been filed or are pending. No judge shall conduct any judicial proceeding, other than the issuance of warrants, outside his own circuit or district unless designated by the chief justice or by the chief judge of an administrative region. When so designated, a judge conducting proceedings in another circuit or district shall be styled a “special judge.”
(2) Selection of chief judge.
Except as may be provided otherwise in the Regional Administration Charter in each circuit or district in which there are two or more judges a chief judge shall be selected biennially by the judges of that circuit or district on the basis of his administrative qualifications, and not by rotation or seniority. If the judges of the circuit or district fail to do so within a reasonable time, the chief justice shall designate the chief judge.
(3) Duties of chief judge.
The chief judge shall:
(a) Prepare with the assistance of appropriate committees such proposed local rules as are consistent with the Rules of Civil Procedure, Rules of Criminal Procedure, and Rules of the Supreme Court, and as are required to expedite and facilitate the business of the court, including the establishment of times for conducting regular sessions of the court within the circuit or district; submit such proposed rules for consideration by the judges of the circuit or district and, upon tentative approval by a majority of such judges, have the proposed rules published and submitted to the local bar and circuit court clerk(s) for consideration and recommendations; and after a majority of the judges have finally recommended the rules, submit copies to the Chief Justice for review and final approval. No local rules shall be of binding effect unless in writing, approved by the Chief Justice, and filed with the Supreme Court Clerk who shall compile such rules and make them available for general distribution.
(c) Assign the business of the circuit or district among the several judges as equally as possible and have published for general distribution copies of a current court calendar setting forth the assignments of the judges, the times and places assigned for hearing the various types of court business, and any special calendaring requirements adopted by the court for such hearings;
(k) The chief judge of the circuit court shall also develop and coordinate with the circuit court clerk and the chief district court judge a local plan for jury management and shall chair the advisory board for the pretrial services agency and, as appropriate, submit to the Administrative Office of the Courts recommendations for improvement of the agency.
(4) Distribution of business.
Except as otherwise provided by law, the business of the court in each county shall be distributed by the chief judge according to the following:
(5) Conformity with precedents.
On all questions of law the circuit and district courts are bound by and shall follow applicable precedents established in the opinions of the Supreme Court and its predecessor court and, when there are no such precedents, those established in the opinions of the Court of Appeals.
(6) Mandamus and prohibition.
Proceedings for relief in the nature of mandamus or prohibition against a district judge shall originate in the circuit court.
(7) Extended absences from the circuit or district.
Circuit and district judges of single-judge circuits and districts shall, before leaving the circuit or district for an extended period, make arrangements through the Regional Administration Program or the Administrative Office of the Courts for a special judge to be designated to dispose of urgent matters.
HISTORY: Amended by Order 95-1, eff. 11-1-95; prior amendments eff. 1-1-89, 11-1-83, 10-1-82, 2-1-81, 1-1-80; adopted eff. 1-1-78
Note: Former Rules of Appellate Procedure (RAP) were amended and redesignated as Rules of the Supreme Court (SCR) by Order of the Supreme Court effective January 1, 1978. Prior Rules of the Court of Appeals (RCA) had been redesignated as Rules of Appellate Procedure effective March 12, 1976.
Sup. Ct. Rules, Rule 1.040, KY ST S CT Rule 1.040
Current with amendments received through June 1, 2023. Some sections may be more current, see credits for details.
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