Home Table of Contents

Rule 2 Organization

Baldwin's Kentucky Revised Statutes Annotated13th Judicial District - Garrard, Jessamine and Lincoln District Courts

Baldwin's Kentucky Revised Statutes Annotated
13th Judicial District - Garrard, Jessamine and Lincoln District Courts
KY RGSD Rule 2
Rule 2 Organization
Currentness
A. The District Court of the Thirteenth Judicial District is a court of continuous session, and the court shall consist of two divisions, namely:
Division One
Division Two
B. The causes in the district court shall be divided between the two divisions as equally as possible as hereinafter provided by these rules.
C. The Judge of either division may preside and hear and determine any case or question in the other division when the Judge of that division is sick, absent from the county, or is not available.
D. After each cause has been assigned to a division, the Judge thereof may for any reason transfer it to the other division.
E. When two or more actions, civil or criminal, have been filed that may, as a matter of right, or may, in the discretion of the Court be consolidated, and such action or actions are pending in the other division of the Court, any party to any of the actions may, with approval of the Court, have any of the actions transferred to that division of the Court in which the first of the actions was filed or assigned. The Judge of the Court may order such transfers to be made without a motion by any of the parties.
F. Causes in the District Court shall be assigned to the two divisions as follows:
1. Probate--
Probate, for purposes of these rules, means a matter assigned a “P” case number by the District Clerk. All probate matters shall be assigned and case number, and will be assigned randomly by the Clerk, unless the Court specifically gives permission to advance a matter otherwise. See Rule 31 and Appendix A, B, and C.
2. Civil--Civil, for purposes of these rules, means any matter assigned a “C” case number by the District Clerk. All civil matters are assigned a case number, and will be assigned randomly by the Clerk.
Forcible Detainers shall be assigned randomly to either Division One or Division Two by the Clerk. See also Rule 3H and Appendix A, B, and C.
3. Criminal and Traffic (Bonded)--
Criminal are any matters assigned an “F,” “M,” or a “T” case number by the District Clerk. All criminal and traffic matters shall be assigned a case number. Cases will be assigned randomly by the Clerk.
4. Traffic Citations--When law enforcement charges an accused by citation, he/she shall schedule the arraignment date on the fourth (4th) Wednesday, 9:00 a.m., after the date of the citation.
5. Juvenile--
Juvenile matters are any matters assigned a “J” case number by the District Clerk. All juvenile public offense charges shall be assigned a case and trailer number by the District Clerk. Cases will be assigned randomly by the Clerk, unless the child has previously appeared before a certain Division. If the child has a previous court history with a certain Division, then the Clerk shall assign the recent charge(s) to that Division.
If an emergency hearing is required, the District Clerk shall assign a case and trailer number to the charge(s), as well as assign it to Division One or Division Two randomly, but schedule the emergency hearing to be heard by the first available judge. Thereafter, the matter shall be heard by the Division to which the matter has been assigned by the District Clerk as noted above.
6. Small Claims--
Small Claims are any matters assigned an “S” case number by the District Clerk. All small claim cases shall be assigned a case number. Cases will be assigned randomly to either Division One or Division Two by the Clerk.
7. Adult Mental Health--
Adult Mental Health matters are any matters assigned an “H” case number by the District Clerk. All adult mental health cases shall be assigned a case and trailer number by the District Clerk. Cases will be assigned randomly to either Division One or Division Two by the Clerk, unless the Respondent has previously appeared before a certain Division. If the Respondent has a previous court history with a certain Division, then the Clerk shall assign the recent petition to that Division.
If an emergency hearing is required, the District Clerk shall assign a case and trailer number to the new petition, as well as assign it to Division One or Division Two randomly, but schedule the emergency hearing to be heard by the first available judge. Thereafter, the matter shall be heard by the Division to which the matter has been assigned by the District Clerk as noted above.
8. Domestic Violence--
Domestic Violence matters are any matters assigned a “D” case number by the Circuit Clerk. All domestic violence petitions shall be considered by the Family Judge or the first available judge in accordance with the local Domestic Violence Protocol. The matter shall be scheduled for hearing as set forth in the local Domestic Violence Protocol. Once all parties appear before the Family Court, that case shall remain the case of the Family Court Judge presiding on that occasion.
G. All persons who are charged with criminal or traffic violations shall be bonded to appear, cited by peace officers to appear, or brought in custody from jail to appear before the Court as provided by order of the Chief Judge of the District. A copy of said order, or any subsequent amendment thereto, shall be sent to all clerks, jailers, local attorneys and law enforcement agencies by the Chief Judge.

Credits

HISTORY: Amended effective January 10, 2008; March 5, 2013; June 9, 2014.
Garrard and Jessamine District Court Rule 2, KY R GARRARD JESSAMINE DIST CT Rule 2
Current with amendments received through November 15, 2023. Some rules may be more current, see credits for details.
End of Document