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Rule 8 Civil / Criminal Practice Rules

Baldwin's Kentucky Revised Statutes Annotated44th Judicial Circuit - Bell District Court

Baldwin's Kentucky Revised Statutes Annotated
44th Judicial Circuit - Bell District Court
KY RBLD Rule 8
Rule 8 Civil / Criminal Practice Rules
Currentness
801 Transportation of Defendants
If a Defendant is incarcerated outside of Bell County and a court hearing at which he is required to appear is scheduled in the action against him, the Defendant, if the court hearing is scheduled at the request or notice of the Defendant, or the Commonwealth in all other cases, shall tender to the Court an order directing the appropriate authority to transport the Defendant no later than seven (7) days prior to the court hearing, or as soon as possible after the scheduling of the court hearing if there are fewer than seven (7) days between the scheduling of the court hearing and the hearing itself. The order shall include the following information: (i) The name of the Defendant; (ii) the designation of the authority responsible for transporting the Defendant; (iii) the physical address of the facility from which, and to which, the Defendant is to be transported; (iv) the date, time and nature of the court hearing for which the Defendant is to be transported; and (v) an instruction, if appropriate, that the Defendant shall be returned upon conclusion of the court hearing for which the Defendant is to be transported.
802 Appearance of Defendants in Criminal Cases
A. Defendant shall be present at all court events, unless otherwise ordered by the Court.
B. If a Defendant fails to appear at a court event at which he is required to appear, including an arraignment, the Bell Circuit Court Clerk shall issue a bench warrant for the arrest of the Defendant.
C. No warrant for the arrest of the Defendant shall be issued if the Defendant, or another on his behalf, presents to the Court, at or prior to the court event at which the Defendant is required to appear, sufficient evidence of good cause whereby he cannot appear.
D. If a warrant for the arrest of a Defendant has been issued and has not been served, counsel for the Defendant may file of record with the Bell Circuit Court Clerk a motion to recall the warrant, which shall state with specificity good cause for the Defendant's failure to appear, and which shall be accompanied with sufficient evidence thereof.
E. If a warrant for the arrest of a Defendant has been issued and has been served, the matter shall be rescheduled at the next available criminal motion day.

Credits

HISTORY: Adopted eff. March 22, 2012.
Bell District Court Rule 8, KY R BELL DIST CT Rule 8
Current with amendments received through November 15, 2023. Some rules may be more current, see credits for details.
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