Judge Keith Nagle

Applies to

Pretrial diversion application

In applying for diversion, counsel must state and the defendant must agree on the record to waive any right to a speedy trial or disposition if diversion is granted.

Applies to

Commonwealth recommendation

The Commonwealth must provide the Court with a written recommendation in response to each application.

Applies to

Commonwealth recommendation

When recommending diversion, the Commonwealth must submit written recommendations on diversion conditions and the appropriate sentence if the agreement is unsuccessful.

An eligible person may apply for pretrial diversion after indictment, but must apply no later than 15 days before trial.

The court must review a protective-order petition immediately upon filing.

Petitioners must not be sent away or left waiting for extended periods.

A party may seek a continuance by filing a motion with the Clerk before ten days prior to trial, stating the reasons and noticing it for a hearing at the Court’s convenience.

A party may make an oral continuance motion at a scheduled court appearance before trial or during trial.

However, no motion made after ten (10) days before the trial shall be granted except in cases of substantial necessity.

Unless the Court orders otherwise, parties must tender proposed jury instructions to one another at least two days before the jury is expected to receive them.

Deadline

7 calendar days

1. Timing of Filing and Service of Motions. (a) Unless otherwise agreed upon by the parties, and except as otherwise provided in these rules of practice and procedure, all motions shall be filed of record with the Bell Circuit Court Clerk, and served upon all other parties, no later than seven (7) calendar days before the date on which the motion is noticed to be heard.

Deadline

10 calendar days

Unless the parties agree otherwise, the specified civil-action motions, motions to dismiss, CR 12.02 motions, and merits motions must be served on all other parties no later than ten calendar days before the noticed hearing.