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Rule 2.28 Case Assignments Between Divisions

Baldwin's Kentucky Revised Statutes Annotated25th Judicial Circuit - Clark and Madison Circuit Court

Baldwin's Kentucky Revised Statutes Annotated
25th Judicial Circuit - Clark and Madison Circuit Court
Rule II Organization
KY RCMC Rule 2.28
Rule 2.28 Case Assignments Between Divisions
(a) Civil Cases: In each county, cases will be assigned to each division by the use of numbers on a board. The Division One Judge will supervise the process in the Madison Court and Division Two Judge will supervise the process in the Clark Court. Periodically, each judge will place on the board, in irregular sequence but in equal quantity, the numbers “1” and “2”. Each number will be concealed and the sequence of numbers will be delivered to the Circuit Court Clerk's Office for case assignments. As cases are filed, the Clerk will pull numbers from the board, one for each case, beginning at the upper left corner and proceeding across the board, one row at a time. If the number 1 is withdrawn, it shall be assigned to Division One; if the number 2 is withdrawn, it shall be assigned to Division Two.
(b) Refiling: Except as otherwise directed by the Court, any case dismissed that is later refiled will be assigned to the same division.
(c) Criminal Cases: Criminal cases will be assigned to each division as noted in LR25JC 2.07(d).
(d) Appeal Cases: All appeals will be assigned to each division as noted in LR25JC 2.28(a).
(e) Mental Inquests: Mental inquests shall be assigned to the division of the Court which is conducting a jury session or is next scheduled to conduct a jury session.
(f) Adoption Cases: Adoption cases will be assigned to each division as noted in LR25JC 2.28(a).
(g) Termination of Parental Rights: Termination of parental rights cases shall be assigned according to case number. Those cases ending in an odd number shall be assigned to Division One; those cases ending in an even number shall be assigned to Division Two.
(h) Balancing of Dockets: In the event the dockets of the two divisions become disparate in workload due to unduly burdensome cases in one division, unanticipated problems in one division, or for other good and sufficient reason, the Chief Circuit Judge may make such reassignment of cases as will aid in the expeditious disposition of cases and the orderly flow of court business.
(i) Ex Parte Applications: In ex parte applications for orders of attachments, restraining orders, appointment of guardian ad litem, and emergency type situations, said matter may be presented to the nearest available judge without regard to which division the case may have been previously assigned.

Credits

HISTORY: Amended effective February 2, 1998.
Clark and Madison Circuit Court Rule 2.28, KY R CLARK MADISON CIR CT Rule 2.28
Current with amendments received through November 15, 2023. Some rules may be more current, see credits for details.
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