Jefferson Cir. Ct. Local R. Rule 7

In order to expedite and facilitate the Court's handling of mass foreclosure actions, and to

prevent unmanageable size of case files, each action filed under KRS 91 .481 through

91 .527 (or any other comparable statute permitting multiple counts) shall contain no

more than 20 counts, or relate to no more than 20 parcels or property. However, upon a

prior showing ofextraordinary circumstances or hardship in a particular instance, the

Chief Judge may, in her discretion, waive the limitation of this Rule, and allow a specific

number of additional counts to be included in an action. No in personam relief shall be

demanded unless specifically authorized by the statute.

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in its possession which relates to the subject matter ofthe witness'

testimony and which (1) has been signed or initialed by him/her, or (ii) is

or purports to be a substantially verbatim statement made by him/her [RCr

7.26] .

B. The Commonwealth shall permit the Defendant(s) to inspect and copy or

photograph books, papers, documents or tangible objects or portions thereof that

are in the possession, custody or control of the Commonwealth, or its agents, and

which may be material to the preparation of her defense. Ifthere is a dispute as to

the materiality of such items, this matter shall be brought to the attention of the

Court by the Commonwealth at the first pretrial or as soon thereafter as the

dispute arises [RCr 7 .24 (2), 7 .24(5)] .

If the Defendant(s) does not desire discovery pursuant to RCr 7.24 (1) and (2),

notice declining discovery shall be provided, in writing, to the Commonwealth

within five (5) days of arraignment. Otherwise, within ten (10) days of

compliance by the Commonwealth, the Defendant(s) shall permit the

Commonwealth to inspect, copy or photograph (1) books, papers, documents or

tangible objects which the Defendant(s) intends to introduce into evidence and

which are in the Defendant's possession, custody or control; and (ii) any results or

reports ofphysical or mental examinations and of scientific tests or experiments

made in connection with this particular case or copies thereof, within the

possession, custody or control of the Defendant(s) and which the Defendant(s)

intends to introduce as evidence or which were prepared by a witness whom the

Defendant(s) intends to call at trial when the results or reports relate to the

witness' testimony [RCr 7.24 (3)] .

D. The Commonwealth shall furnish the Defendant with a Bill of Particulars, which

advises the Defendant with specificity the circumstances of the alleged offense(s),

including but not limited to, exact date, time and location of the offense(s)

pursuant to James v. Commonwealth, Ky., 482 S .W.2d 92 (1972), the specific

acts or conduct by which the Defendant is alleged to have committed the

offense(s) including, but not limited to, the particular culpable mental state of the

Defendant and the specific sections and subsections of the Penal Code or other

statute which the Defendant is alleged to have violated [RCr 6.22].

E. Upon written request by the Defendant, the Commonwealth shall deliver any

mechanical recording, or a duplicate tape, of the grand jury proceedings relating

to the Defendant's indictment, subject to appropriate arrangements for payment

[RCr 5 .16(3)]. The tape shall be provided to a Defendant represented by the

Public Defender without cost pursuant to KRS Chapter 31.

F. The Commonwealth shall provide written disclosure of all exculpatory evidence

or information to the Defendant.

G. All responses by any party shall be in writing acknowledging or denying

existence of such items with copies of the responses and evidence being served

upon the opposite party and filed with the Court. If, subsequent to the discovery

deadline and prior to, or during trial, any party discovers additional material

previously requested which is subject to discovery or inspection, counsel shall

promptly notify the other party or attorney, or the Court, ofits existence. [RCr

7.24(8)]. This continuing obligation also applies to the Bill of Particulars and the

disclosure of exculpatory evidence. Any items not divulged according to the

discovery deadlines may result in the Court granting a request for a continuance,

mistrial or dismissal ofthe action. The evidence may be suppressed unless good

cause is shown or, in the alternative, the Court may enter such other Order as may

be just under the circumstances [RCr 7.24(9)] .

804 Pretrial Hearings.

A. Hearings for bond reduction, suppression issues, discovery issues, consolidation

of offenses, separate trial, etc., shall be scheduled prior to the day oftrial.

Motions by either party necessitating a hearing shall be in writing pursuant to RCr

8 .14. The Court may designate a deadline for filing and hearings shall be held as

soon as possible after filing.

B. Ex Parte Requests. Counsel for a person who is financially unable to pay for

investigation, experts, the attendance of out-of-state witnesses, or other services

reasonably necessary for the defense may request funds for those services in an ex

parte, in camera application to the Judge and, upon such request, the Judge shall

conduct the inquiry ex parte and in camera, on the record and with the record

sealed.

805 Collection of Fees Pursuant to KRS Chapter 31.

A. Fees for Public Defender services may be set at arraignment and are subject to

review at each stage of the proceedings.

B. Upon disposition, an order shall be entered indicating the total amount ofthe fees

due, and the date (or dates if installment payments) upon which they shall be paid.