A. The 38^th Judicial District maintains an “open file” discovery procedure. It is not necessary for counsel for the defendant to file a discovery motion to begin the discovery process. Counsel for the defendant shall make necessary arrangements with the Commonwealth regarding any costs associated with providing discovery.

B. If the defendant desires additional information not covered by the informal “open file” procedure and the Commonwealth is not in agreement, counsel for the defendant may file a formal discovery request to be heard by the Court.

C. The Court will not reschedule trial dates after the final pre-trial on allegations of missing discovery where no order requiring the production was sought at, or prior to, the final pre-trial conference.

D. Counsel for both the Commonwealth and the defendant shall certify to the Court and the Circuit Court Clerk, no later than three (3) business days prior to the date of trial that there will not be a trial. The Court may waive this rule for good cause shown and allow a plea. Failure of counsel to notify the Clerk in time for the Clerk to notify the jury not to appear may result in the full cost of all jury fees being imposed as part of the sentence or otherwise. The Court may consider whether the failure to notify the Clerk was due to the actions of the client or counsel in determining how to assess the jury fee.

E. All subpoenas shall be delivered to the sheriff, or other process server, at least fourteen (14) days prior to the trial date, except when a case is set for trial less than fourteen (14) days prior to the trial date, in which event the subpoenas shall be delivered no later than forty-eight (48) hours after the case is set for trial. No continuances will be granted solely because a witness has not been subpoenaed or does not appear for trial unless this rule was complied with.