Ky. Cir. Ct. Clerks' Manual EXTRADITION PROCEEDINGS

40 EXTRADITION PROCEEDINGS

KRS 440.150-440.420

District or Circuit Court

Process Map

 Extradition is the transfer of an accused from one state or country to another state or

country that seeks to place the accused on trial. When a defendant/fugitive chooses to

"waive extradition" that means that he (or she) is agreeing to go with the authorities from

the other jurisdiction willingly. A Governor's Warrant is issued when one state requests the

extradition of a fugitive or inmate from another state.

40.1 Extradition

Upon receipt of extradition proceedings from another state:

Quick Reference

1. Apply the FILED stamp to the initiating document; add the date and your File, date, initial

initials.

1. For instructions on opening the case, see the Case Add section of

Generate:

KyCourts Manual.

District felony F

2. Generate the next case number in the computer for district felony F case

cases, misdemeanor M cases or circuit criminal CR cases. Misdemeanor M

case

3. Schedule the case for an arraignment hearing.

Circuit criminal CR

4. If the defendant does not waive extradition, notify the case

Commonwealth Attorney.

Schedule hearing

40.1.1 Bond

If bond is ordered, prepare AOC Form 365, Bail Bond. AOC Form 365

1. Collect the bond filing fee, as set forth in the Accounting Manual, and any Collect bond filing

required security. fee

1. Apply the FILED stamp to the bond; add the date and your initials.

File, date, initial

2. Complete a bail screen.

Bail screen

3. For further information, proceed to the Bail Bonds Section of this

manual.

EXTRADITION PROCEEDINGS

40.1.2 Order

1. Upon receipt of a signed order apply the ENTERED stamp; add the date Quick Reference

and your initials. Enter, date, initial

1. Enter the order on a document screen. Notice of Entry

2. Give notice of entry by providing the original to the Secretary of State Secretary of State

and copies to the demanding agent, the court and the defendant. 700 Capital Ave.,

Place a copy in the court record. Ste.86

3. When the order disposes of the charge, close the charge screen by Frankfort, KY

completing the disposition date, disposition type, e.g. EXT or DIS, 40601

judge, trial type, original plea and final plea fields. Close the case

screen with disposition date and judge at disposition only. Close charge EXT or

4. If the court orders extradition, prepare certified copies of the order as DIS

necessary to accompany the defendant when released from your

court's jurisdiction. Use AOC Form 065, Certification of Act of AOC Form 065

Congress. Affix your court seal on the form.

FILING OF PLEADING, OTHER PAPERS, AND TENDERED DOCUMENTS

41 FILING OF PLEADINGS, OTHER PAPERS AND

TENDERED DOCUMENTS

CR 5.05; CR 5.06; RAP 2(A); RAP 5.

 These instructions pertain to all pleadings and other papers filed in an action, except

complaints, orders and judgments. For specific instructions on processing complaints, see

the Civil Actions Chapter. For specific instructions on processing order and judgments, see

the Judgments and Orders Chapter.

NOTE: If you receive discovery documents, follow your judge’s order concerning filing

these documents or returning them to the attorney or party.

 Pursuant to Kentucky Supreme Court Order 2025-02 Section 5(7) and Section 8(2), sending

a document to the clerk or judge via email or facsimile does not constitute an eFiling or

filing of the document. Do not accept any pleading or other paper by email or facsimile

unless otherwise directed by the judge.

41.1 Filing of Pleadings and Other Papers

Quick Reference

1. At the time a document is received, apply the FILED stamp; add date and

File, date, initial

your initials. The endorsement of the date constitutes the filing of the

paper. CR 5.05 (3); RAP 5(D).

The endorsement

2. Add the case number if it does not already appear in the caption.

date is the filing

NOTE: When there is no case number in the caption or otherwise on the date

document contact the attorney or mail back to the party submitting

documents to ensure accurate case identification.

Complete

3. File the pleading by completing the appropriate screen in KyCourts.

document screen

4. Place the pleading or other paper in the case file.

Tendered stamp,

41.2 Tendered Documents date, initial

1. When a tendered document is received, apply the TENDERED stamp; (or

write the word TENDERED) add the date and your initials.

2. If the tendered document is filed in conjunction with a motion, complete a

separate document screen using document code TD. Document code TD

3. If the document is tendered alone, complete a document screen using the File or enter, date,

document code TD. initial

4. If the court later allows the tendered document to be filed, apply the

FILED stamp (or ENTERED stamp if the document is an order or Complete

judgment); add the date and your initials. document screen

FILING OF PLEADING, OTHER PAPERS, AND TENDERED DOCUMENTS

5. Complete a new document screen and move the document from its present location in

the case file to the next item.