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Chapter II Criminal Proceedings

Baldwin's Kentucky Revised Statutes Annotated10th Judicial Circuit - Larue, Hart and Nelson Circuit Courts

Baldwin's Kentucky Revised Statutes Annotated
10th Judicial Circuit - Larue, Hart and Nelson Circuit Courts
KY RHLC Ch. II
Chapter II Criminal Proceedings
A. Applicability of Other Chapters: The provisions of Chapter I, where applicable and except to the extent they are superseded hereinbelow, shall apply to all criminal proceedings.
B. Grand Jury:
(1) LaRue County-Grand Jury Sessions will be held at 9:00 o'clock A.M. on the second rule day of every other month, beginning in January of 2005.
(2) Hart County-Grand Jury Sessions will be held at 9:00 o'clock A.M. on the first rule day of each month.
(3) Nelson County-Grand Jury Sessions will be held at 9:00 o'clock A.M. on every civil rule day.
C. Appearances and Arraignments: Arraignments will be held on the first criminal rule day following a Grand Jury Session at 9:00 A.M. unless an Order is entered otherwise. At arraignment, an order shall be entered setting the case for pre-trial conference and for trial.
D. Discovery
(1) Commonwealth's Responsibility: Within 45 days of arraignment, the Commonwealth shall provide to the Defendant a copy of the Grand Jury tape, all information required under RCr 7.24 and 7.26, all exculpatory evidence, all aspects of line-ups or show-ups, copies of all oral, recorded or written statements made by Defendant or other persons, information received from a confidential informant, copies of all search warrants, search warrant affidavits and search warrant returns, names and addresses of witnesses the Commonwealth may call at trial, and the nature of any promises or agreements made by the Commonwealth to secure the testimony of any such witnesses. The Defendant shall not be precluded from seeking additional discovery.
(2) Defendant's Responsibility: Within 7 days prior to the pre-trial conference, the Defendant shall provide to the Commonwealth all information in his or her possession subject to discovery by the Commonwealth under RCr 7.24.
E. Motion Hours: Motion Hours for criminal matters shall begin at 9:00 A.M. on rule days in Hart and LaRue Counties and at 9:00 A.M. on each criminal rule day in Nelson County.
F. Representation in Criminal Cases: Once an attorney appears for a defendant in a criminal case, he shall not be allowed to withdraw as counsel thereafter, except upon a showing of extraordinary circumstances. Non-payment of attorney's fees does not constitute an extraordinary circumstance. This does not, however, preclude any attorney from standing in for arraignment purposes only, if he so advises the Court beforehand at the time of arraignment.
G. Motions: Motions in criminal cases shall comport with the filing and notice requirements of Chapter III (C)(1) and (2).
H. Release of Bonds: Bonds shall not be released by the Clerk until a defendant has timely made all required court appearances.

Credits

HISTORY: Amended effective January 27, 2005.
Hart, Larue and Nelson Circuit Court Ch. II, KY R HART LARUE CIR CT Ch. II
Current with amendments received through November 15, 2023. Some rules may be more current, see credits for details.
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