Ky. Cir. Ct. Clerks' Manual TRANSFER OF CASE/CHANGE OF VENUE

94 TRANSFER OF CASE/CHANGE OF VENUE

RCr 8.26; FCRPP 2(2); KRS 452.010 - 452.350

 Venue is the proper or a possible place for a case to proceed usually

because the place has some connection either with the events that

gave rise to the case or with the plaintiff or defendant.

 Under a "change of venue," the locality in which a trial is to be held

can be switched to another location if it is believed that a fair trial

cannot be had in the locality where the case is currently filed.

94.1 Transferring Court

When the court orders you to transfer a case to another county:

1. Apply the ENTERED stamp to the order changing venue; add the date

and your initials.

2. Enter order on a document screen using document type OTRN.

3. Make a notation in the memo field of the case screen indicating the

county to which the case is being transferred.

4. CRIMINAL CASES: Collect fees for postage/delivery and a copy fee as set

forth in the Accounting Manual for making a copy of the record and give

a receipt, unless the defendant is proceeding In Forma Pauperis. KRS

452.250(1), 23A.205, 24A.175.

5. Take the record to the county to which venue has been changed or you

may send it by a deputy clerk or some discreet person. KRS 452.250(1),

RCr 8.26.

NOTE: If you define the U.S. Postal Service as a “discreet person,” you

are still responsible for delivery of the record.

6. If you elect to use the postal service, mail by certified mail, return receipt

requested. Collect certified mailing fees from the party granted change

of venue, unless the Petitioner is the Commonwealth or proceeding In

Forma Pauperis. KRS 453.010, CR 5.05(4).

7. If by personal delivery, collect a mileage fee from the defendant, as

established by the Court of Justice Travel Policy, for taking the record to

the other county. KRS 452.250.

Quick Reference

Enter, date, initial

Document type

OTRN

Collect

postage/delivery

and copy fees

Collect certified

mail fees

Collect mileage fee

TRANSFER OF CASE/CHANGE OF VENUE

94.1.1 Criminal Cases

1. Print and certify the case history, make a copy of the case file and the Quick Reference

docket sheet, if a docket sheet exists. KRS 452.250(1). Print and certify

case history

2. Retain the copy of the case file and the original docket sheet, if a docket

sheet exists. Copy case file and

docket sheet

3. Transmit the original case file, the case history and copy of the docket

sheet, if a docket sheet exists.

4. Complete the charge screen(s) with disposition type TRF and add the

date of disposition and judge at disposition ONLY on the case screen. Disposition type

NOTE: If a criminal case being transferred is a drug court transfer refer to TRF

instructions in that chapter for additional instructions.

5. Retain the file folder and the copy of the record in a criminal case and

file in numerical order with other criminal cases. KRS 452.250(1).

94.1.2 Civil Cases:

1. Print the case history and make a copy of the docket sheet, if a docket

Print case history

sheet exists.

2. Transmit the original case file, the case history and copy of the docket

sheet if a docket sheet exists.

3. Retain any original docket sheet in your office.

4. Complete the disposition date (date the order to transfer was entered),

with disposition type TRF and judge at disposition fields on the case Disposition type

screen. TRF

5. Retain the file folder with a copy of the case history in a civil case and file

in numerical order with other civil cases.

BEST PRACTICE: Retain a copy of the record along with the case history.

94.2 Receiving Court

When a record is received from another court on a change of venue:

1. Apply the FILED stamp to the entire record as a single item; add the File, date, initial

date and your initials.

2. Generate the next case number in the computer for the appropriate

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

of KYCourts Manual.

3. File on a document screen using document type of DCF district court file Document type DCF

or CCF circuit court file. or CCF

4. Close the case if there is a judgment received with the record from the

transferring court using the case filing date. Otherwise close the case as

appropriate upon receipt of a signed judgment from your court.

TRANSFER OF CASE/CHANGE OF VENUE

NOTE: After the judgment is entered that closes the case, do not return

the file to the originating court.