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Rule 9 Jury trials

Baldwin's Kentucky Revised Statutes Annotated57th Judicial District - Nelson District Court

Baldwin's Kentucky Revised Statutes Annotated
57th Judicial District - Nelson District Court
KY RNDC Rule 9
Rule 9 Jury trials
901. In order to avoid needlessly summonsing a jury, Counsel for the Defendant and the Commonwealth shall certify to the Court and the Clerk no later than 2 business days prior to the trial that there will not be a trial. The Court may waive this rule for good cause shown, and allow a plea either by agreement or without recommendation.
902. All criminal and civil trials shall start promptly at 9:00 a.m. However, the parties and counsel shall be present in court at 8:30 a.m. on trial dates. Any Pre-Trial motions (i.e. Motions in Limine) that need to be presented to the Court prior to the start of trial shall be noticed and heard at the final Pretrial Conference or the immediately preceding motion hour docket held by the Court, unless good cause is shown for the motion to be heard at a later time.
903. Cases assigned for a Jury Trial date will typically be taken in the following manner unless good cause is shown to deviate.
(a). Defendants who are presently incarcerated on the charge.
(b). DUI cases.
(c). Mental Health cases.
(d). Disability determination.
(e.) Paternity cases.
(f.) Criminal cases in the order they are filed.
(g.) Civil cases in the order they are filed.
904. If a jury is summonsed and a criminal defendant fails to appear at his/her scheduled jury trial the Defendant may be ordered to pay the full cost of all jury fees. If a jury is needlessly summonsed due to the failure of a party or the parties to notify the Court in time for the Clerk to notify the jury not to appear all jury fees may be imposed against the responsible party or parties.
905. Whenever the parties to a civil action, which has been assigned a date certain for jury trial, settle the case or plan to ask the Court to cancel the trial for any reason, they shall immediately notify the Court that the jury will not be necessary for their case on that date. Failure to notify the Court of same in time for the Clerk to notify the jury not to appear will result in the full cost of all jury fees paid to jurors who appear for jury service on that case to be taxed as costs with each party to the action paying a pro-rata share of said costs.
906. No criminal case shall be scheduled for a Trial before the Court without the Defendant tendering a Waiver of Jury Trial.
907. In all civil proceedings set for a jury trial, Jury Instructions shall be submitted to the Court at least two (2) days before trial.
(a). The Court reserves the right to allow Jury Instructions to be altered or changed at trial when special circumstances exist.
908. In mental health jury trials, Jury Instructions shall be produced by the Petitioner. The Petitioner may produce the Jury Instructions at trial.
909. Failure of the parties to strictly comply with the terms of this rule may result in dismissal of claims, default judgment, refusal to let witnesses testify or to admit exhibits, assessment of costs and expenses, including attorney fees, or other appropriate sanctions.

Credits

HISTORY: Amended effective July 21, 2016. Prior amendments effective October 12, 2001.
Nelson District Court Rule 9, KY R NELSON DIST CT Rule 9
Current with amendments received through November 15, 2023. Some rules may be more current, see credits for details.
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