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CLR 38-20 General trial matters

Baldwin's Kentucky Revised Statutes Annotated38th Judicial Circuit - Butler, Edmonson, Hancock and Ohio Circuit Court

Baldwin's Kentucky Revised Statutes Annotated
38th Judicial Circuit - Butler, Edmonson, Hancock and Ohio Circuit Court
KY BEHO Rule CPR 38-20
CLR 38-20 General trial matters
(1) Voir Dire examination of jurors shall primarily be done by counsel, subject to limitations by the Court. The Court will expect counsel to make a full, frank and fair disclosure to the Court of any probable disqualification of a prospective juror for any reason which is known by counsel and would not necessarily be brought out in a voir dire examination.
(2) At any time during the selection of a jury or the trial of a case, if an attorney should learn of any improper conduct by a party or any person toward the jury or any member thereof, this matter should be promptly brought to the attention of the Court.
(3) Attorneys shall advise clients and witnesses in advance of trial of proper courtroom decorum, including the IMPROPRIETY OF ATTEMPTING TO DISCUSS PENDING MATTERS WITH THE COURT.
(4) The dignity and solemnity of both the Court and counsel shall be maintained at all times.
(5) Several criminal cases, of necessity, must be set on the same day. Unless excused by the Court prior to the trial date, all attorneys representing defendants whose case is set on a given day shall appear in court promptly at 9:00 o'clock a.m. and be available for trial until excused by the Court. Attorneys also representing defendants in this Circuit shall not set depositions, trials or hearings in other courts on the dates when a criminal case in which they are an attorney is set for trial.
(6) Criminal cases arc normally set for trial at arraignment. Cases will not be continued for any conflicts in other courts arising after the date the trial is first set. Appropriate sanctions may be used to insure compliance with these rules.
(7) The Court will set a date for a discovery pretrial conference at arraignment which will ordinarily be two (2) months after the arraignment. The Commonwealth will provide the Defendant's counsel with all available discovery on or before the discovery pretrial conference.
(8) If defense counsel feels that all discovery has not been furnished by the pretrial conference, an appropriate motion for specific discovery may be filed. Boiler plate discovery motions and discovery orders shall not be filed.
(9) Failure to make good-faith discovery available to the Commonwealth's attorney or to defense counsel may result in a continuance, dismissal of the case, or a ruling that the evidence not furnished may not be introduced at trial. Defense counsel shall provide reciprocal discovery to the Commonwealth as soon as practicable after receipt of the discovery.
(10) Attorneys shall instruct their clients, witnesses, or any interested parties of the impropriety of ex parte communications with the Court concerning any matter (hat is pending or may be heard in the future by the Court.
(11) If a criminal case is not tried or otherwise disposed on its scheduled trial date, that case shall be automatically rescheduled for the next motion day for disposition, to reschedule the trial dale or for any other matter pertaining to the case.

Credits

HISTORY: Adopted effective July 6, 2015.
Butler, Edmonson, Hancock and Ohio Circuit Court Rule CPR 38-20, KY R BUTLER CIR CT Rule CPR 38-20
Current with amendments received through November 15, 2023. Some rules may be more current, see credits for details.
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