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Rule 8 Procedures in criminal cases

Baldwin's Kentucky Revised Statutes Annotated46th Judicial Circuit - Breckinridge, Grayson and Meade Circuit Courts

Baldwin's Kentucky Revised Statutes Annotated
46th Judicial Circuit - Breckinridge, Grayson and Meade Circuit Courts
KY BGMC Rule 8
Rule 8 Procedures in criminal cases
8.01 Regular criminal hearing days in each county of the 46th Judicial Circuit will be on that county's Motion Day as set out herein in Rules 3.01, 3.02 and 3.03.
8.02 Both the Defendant and his/her attorney must be present at arraignment. If the Defendant is not represented by an attorney, the Court shall, before the arraignment, appoint counsel to represent the Defendant at the arraignment. Unless specifically ordered by the Court, the attorney appearing with the Defendant for arraignment shall represent the Defendant in all future stages of the proceedings. Counsel may not withdraw from representation of a Defendant in a criminal proceeding without permission of the Court for good cause shown.
8.03 A Preliminary Pre-Trial Conference of criminal matters will be scheduled no later than the second Motion Day immediately succeeding arraignment of the Defendant.
8.04 The Commonwealth will provide all discovery to the Defendant within thirty (30) days of arraignment and thereafter as permitted by criminal rule. The Commonwealth may make a plea offer if one is to be made. If the Defendant declines the offer, a trial date will be obtained and a final pre-trial conference date for the matter will be docketed on the Motion Day immediately preceding the trial date. All other pre-trial conferences for criminal matters will be scheduled upon the motion of either party. Additional discovery requests shall occur by motion as set out in Rule 8.05 below. Every effort must be made to complete the discovery process prior to the pre-trial conference.
8.05 Motions by either the Defendant or the Commonwealth in criminal cases may be brought for hearing on the date of arraignment. The provisions of Rule 3 herein shall govern all other criminal motions in the 46th Judicial Circuit. Thus, motions for re-arraignment, motions to suppress, etc., are subject to the same time constraints as are civil motions, other than in exceptional circumstances.
8.06 Class D Felony Pre-Trial options may be offered those Defendants who are eligible. Pre-Trial Diversion is the postponement of imposition of sentence upon any person who qualifies for this program subject to certain conditions established by the Court for a period of time not to exceed five (5) years. The protocol for such Pre-Trial Diversion is attached to these rules and made a part hereof as an “Addendum.”
8.07 In addition to the requirements of RCr 9.04, any party seeking the continuance of a trial date based upon the absence of a necessary witness, except for good cause shown, shall have filed with the Clerk of the Court no less than two (2) days prior to the making of the motion for a continuance, a copy of the subpoena for said witness which was on that date or prior to that date issued for the appearance of said witness; or, a memorandum setting forth the name of the person subpoenaed, the agency/entity to whom the subpoena was delivered for service, and the date the subpoena was so delivered. Further, counsel must be prepared to advise the Court that a good faith effort has been made to achieve service and explain the reason that service has not been made.
8.08 Upon acceptance by the Defendant of a plea offer resolving any criminal matter set for trial, the Commonwealth shall tender an Order to Remand the matter from the trial docket.

Credits

HISTORY: Amended effective January 2, 2008.
Breckinridge, Grayson and Meade Circuit Court Rule 8, KY R BRECKINRIDGE CIR 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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