Judge Benjamin D. McKown

Applies to

Pretrial diversion application

When applying for pretrial diversion, defense counsel must state on the record that granting diversion waives the right to a speedy trial or disposition, and the defendant must agree on the record.

Applies to

Written recommendation

The Commonwealth must provide the Court with a written recommendation in response to every pretrial diversion application.

Applies to

Written recommendation

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

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

Deadline

5 business days

Except for good cause shown, motions must be filed with the circuit clerk at least five business days before the hearing.

A party wishing to object, request an oral hearing, or otherwise respond must file its response within 10 days after the motion is filed.

Deadline

5 business days

Applies to

Motion

Except for good cause shown, motions must be served on each party other than parties in default for failure to appear at least five business days before the hearing.

Applies to

Motion

The movant must serve the motion on each party other than parties in default by the filing date, and must also serve the client by that date when seeking to withdraw as counsel.

Parties must exchange intended exhibits and witness lists no later than 14 days before the final hearing, subject to court order or affirmative waiver; witnesses must be identified with specified details, and unidentified items may be excluded.

Contact

Phone

Phone

(270) 298-3433

If a requester cannot have a motion heard before the proceeding, the requester may contact Court personnel directly by phone at (270) 298-3433 to seek permission to appear remotely.

Contact

Phone

Phone

(270) 298-3433

If a regular motion-day hearing may exceed 20 minutes, parties may contact Court personnel by phone or request a separate date from the Court during the motion day.

The court may change regular motion days or hear domestic violence actions on other dates, and parties may contact the local circuit clerk's office for schedule information.