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Rule III. Case assignments

Baldwin's Kentucky Revised Statutes Annotated14th Judicial Circuit - Bourbon, Scott and Woodford Circuit Court

Baldwin's Kentucky Revised Statutes Annotated
14th Judicial Circuit - Bourbon, Scott and Woodford Circuit Court
Preamble
KY BCWC Rule III
Rule III. Case assignments
Currentness
All cases shall be assigned at random in accordance with Supreme Court Rule 1.040. As circuit court is a court of general jurisdiction, each judge shall hear both criminal and civil matters. There shall be no separate civil and criminal judges.
A. Civil Cases
1. In each county, cases shall be assigned to each division by utilizing the random judge assignment software to select the division.
2. Except as otherwise directed by the Court, any case dismissed that is later refiled will be assigned to the same division.
B. Criminal Cases. In each county, upon the return of indictments, the presiding judge shall deliver the same to the clerk who shall then assign them to each division utilizing the random judge assignment software to select the division, with the following exceptions:
1. If a superseding indictment is returned, it shall be assigned to the same division as the previous indictment;
2. If a defendant has a prior open indictment or indictments pending before a judge, any new indictment shall be assigned to the same division;
3. If multiple indictments arise out of the same alleged criminal conduct or set of facts and result in the indictment of co-defendants, the first indictment returned shall be assigned utilizing the random judge assignment software and the additional indictments shall be assigned to the same division.
C. Appeals. All appeals shall be assigned utilizing the same random judge assignment software used in civil and criminal cases.
D. Ex Parte Applications. In ex parte applications for orders of attachment, restraining orders, the appointment of guardian ad litem, and emergencies, said matter may be presented to the nearest available judge without regard to which division the case may have been previously assigned.
D. Disqualifications and Recusals
1. In all instances where the judge otherwise assigned to the case is disqualified by motion and affidavit of a litigant or attorney, the procedure provided by statute shall be followed.
2. In those instances where the judge otherwise assigned to the case recuses him/herself from the case, the judge of the other division shall preside over the case.
3. In the event of recusal, absence, or illness of the judges of both divisions, the Chief Judge of the Bluegrass Region shall be requested to appoint a special judge to preside over the case.
E. Balancing of Dockets. In the event that the dockets of the two (2) divisions become disparate in workload due to unduly burdensome cases, unanticipated issues in one of the divisions, or for good cause, the Chief Judge may make such reassignments of cases as will aid in the expeditious disposition of cases and the orderly flow of Court business.
F. Separate Dockets. The clerk of each Circuit Court shall maintain a separate civil motion docket and a separate criminal motion docket for each division of the Court.

Credits

HISTORY: Amended effective June 14, 2022. Effective September 5, 2002.
Bourbon, Scott and Woodford Circuit Court Rule III, KY R BOURBON SCOTT CIR CT Rule III
Current with amendments received through November 15, 2023. Some rules may be more current, see credits for details.
End of Document