Rule 703 Sworn complaint
Baldwin's Kentucky Revised Statutes Annotated30th Judicial District - Jefferson District Court
KY JDR Rule 703
Rule 703 Sworn complaint
Their sworn statement will be reviewed by an Assistant County Attorney, who must determine whether probable cause exists to believe a criminal offense has been committed in order to go forward. The sworn statement and recommendations of the County Attorney will be reviewed by a District Court Judge as well. Once a warrant is signed by a District Court Judge, it becomes the case of the Commonwealth of Kentucky and cannot be dropped by the Complainant. The Complainant's failure to appear in court may result in sanctions, including arrest. False swearing is a criminal offense, for which the Complainant may be prosecuted. Complainants may be required to testify at trial.
D. All warrants being reviewed shall be in the Jefferson District Court Administrator's Office. If any warrants are removed for any reason, the person removing them shall inform the Court Administrator where in the building they are being taken, and they must be returned to the Jefferson District Court Administrator's Office the same day. Unless the Chief Judge of District Court specifically provides otherwise, no warrant under review shall be located any place other than in the Jefferson District Court Administrator's Office overnight.
E. The County Attorney or District Court Judge may determine that the case is best suited for disposition through the Mediation Program, even if not the chosen means of resolution by the Complainant. However, the County Attorney will recommend a criminal charge even if mediation is recommended. (The mediator will advise the County Attorney and Judge if mediation has previously been attempted in this matter and has failed.) If mediation is ordered by the District Court Judge and thereafter fails, the Complaint will be re-reviewed by a District Court Judge.
F. If any citizen, attorney, or peace officer is denied a warrant or summons by a Judge of the District Court, the decision of the District Court Judge who considered the matter is final. The same case shall not be presented to any other District Court Judge, unless new or different circumstances exist from those originally presented to the District Judge first considering same.
Credits
HISTORY: Approved effective January 14, 2008; approved effective July 24, 2006; amended effective January 1, 2004, May 1, 1998; approved January 30, 1997.
Jefferson District Court Rule 703, KY R JEFFERSON DIST CT Rule 703
Current with amendments received through November 15, 2023. Some rules may be more current, see credits for details.
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