Home Table of Contents

Trials and judgments

Baldwin's Kentucky Revised Statutes Annotated15th Judicial District - Carroll, Grant and Owen District Courts

Baldwin's Kentucky Revised Statutes Annotated
15th Judicial District - Carroll, Grant and Owen District Courts
KY CGOD Trials
Trials and judgments
Currentness
DEFAULT JUDGMENTS AND AGREED ORDERS:
1. A party seeking a judgment by default shall first file a written notice for such a judgment. All such motions shall be heard ex-parte and shall not be scheduled on Motion Day dockets. The motions shall be accompanied by an affidavit in full compliance with 50 USCA, App.Sec.520, and the certificate required by CR 55.01. The Judgment per se, when presented to the Court must also contain a statement by the attorney for the party seeking such a judgment conforming with the certificate required by CR 55.01.
2. Agreed Orders and judgments shall be submitted to the Court at any time at the convenience of the Court and shall not be placed on any Motion Day docket.
3. No orders or judgments tendered to the court shall contain the letterhead or other printed identification of counsel submitting the same.
4. All criminal and civil jury trials shall start promptly at 9:00 a.m. or at such other time as may be established by order of the Court. All motions capable of determination without trial of the general issue shall be noticed and heard no later than the report date, which will be established by the Court in each instance where trial by jury is demanded. Jury instructions shall be tendered to the Court and served upon opposing counsel, by the defendant or defendant's attorney on the report date. Jury instructions sought by the prosecution shall be filed and served upon opposing counsel no later than four (4) days prior to the jury trial date. Failure of defendant or defendant's counsel to comply with this rule shall not operate as a bar to defendant's or counsel's right to object to instructions tendered by the prosecution, but shall operate to bar any proffer of instructions by the defense. Absent good cause, no plea agreements will be accepted by the Court after the report date has passed. The Court reserves the right to, among other options, impose upon the defendant a “jury fee” in an amount calculated to reimburse the Commonwealth for the cost of the jury having been summoned to hear the case.
5. In jury trial cases where Defendants have been sentenced to a term of imprisonment, sentencing shall take place immediately following the completion of the trial. Defendants shall immediately begin serving their sentences unless a Notice of Appeal and the appropriate appeal bond are immediately posted.
PROBATE MATTERS:
1. All probate, name changes and appointment of Guardians shall be heard on the days and at the times set forth on the Court calendars which shall be promulgated from time to time. In those estates where it is appropriate, the Court will waive surety on a Fiduciary's bond upon proper compliance with the provisions of KRS 395.131(1).
2. Informal Settlements of decedent's estates are encouraged by the Court. See KRS 395.605.
SUBPOENAS:
All subpoenas to be served by the Sheriff shall be delivered to his office at least five (5) days prior to the trial date, except in cases in which the order setting them for trial is less than two (2) weeks prior to the trial date, in which event the subpoenas shall be delivered not later than 48 hours after the order setting the case for trial. No continuances will be granted due solely to the failure to have a witness subpoenaed unless it is certified that there was compliance with this rule.
DISABILITY MATTERS:
In all disability actions, the Petitioner shall be responsible for producing all medical and psychiatric reports required pursuant to the appropriate statute. The District Court Clerk in the county where the action is pending shall notify the affected social worker of the need to secure the reports required. All disability matters shall be set for jury trial within 90 days of filing. Petitioner shall have all required reports filed and served at least ten (10) days prior to the trial date. The guardian ad litem appointed for the alleged disabled person shall file and serve a written report at least ten (10) days prior to the trial date. Failure to file the reports required to adjudicate the issues framed by the appropriate statute may result in dismissal of the action and/or sanctions being imposed upon the petitioner or the guardian ad litem by the court.
JURY INSTRUCTIONS:
1. In all criminal proceedings set for a Jury Trial, Jury Instructions are required.
a. The Commonwealth shall produce Jury Instructions for the trial. These instructions shall be given to the Defendant or his attorney at least three (3) days prior to trial.
b. The Jury Instructions shall be in the following form:
1) Each instruction shall be on a separate page.
2) Every criminal charge in the jury instruction shall have a separate verdict form. Each verdict form shall be on a separate page.
c. The Defendant may produce Jury Instructions for the trial. In the event the Defendant wishes to produce Jury Instructions the Defendant shall give a copy of the Jury Instructions to the Commonwealth at least three (3) days prior to trial.
If the Defendant does not produce Jury Instructions for the charges alleged to have been committed by the Defendant, or any lesser included defenses, or special instructions, then the Defendant shall be precluded from objecting to the Jury Instructions submitted by the Commonwealth.
d. The Court reserves the right to allow Jury Instructions to be altered or changed at trial when special circumstances exist.
2. In all civil proceedings set for a jury trial, Jury Instructions are required. No case shall go to trial unless Jury Instructions are submitted to the Court fourteen (14) days before the trial.
In the event only one party submits Jury Instructions in the time allotted, the party who failed to submit instructions shall be precluded from objecting to the Jury Instructions submitted.
a. The Court reserves the right to allow Jury Instructions to be altered or changed at trial when special circumstances exist.
3. In mental health jury trials, Jury Instructions shall be produced by the Plaintiff. The Plaintiff may produce the Jury Instructions at trial.
NOTIFICATION OF SETTLEMENT:
All parties shall notify the affected Judge and the District Court Clerk of the settlement of any case set for Jury Trial at least twenty-four (24) hours prior to the time set for said trial to commence.
Carroll, Grant and Owen District Court Trials, KY R CARROLL GRANT OWEN DIST CT Trials
Current with amendments received through November 15, 2023. Some rules may be more current, see credits for details.
End of Document