Judge Joe G. Ballard

Applies to

Pretrial diversion application

When applying for pretrial diversion, defense counsel must state and the defendant must agree on the record to waive speedy trial or disposition rights if diversion is granted.

Applies to

Commonwealth recommendation

The Commonwealth shall make a written recommendation to the Court in

Applies to

Written recommendation

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

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

During regular business hours, the Circuit Clerk's Office must immediately present a received petition to the appropriate judicial officer.

After-hours petitions must be presented immediately to the designated judicial officer.

Applies to

Motion

Commissioner-track motions must be served on the Domestic Relations Commissioner and opposing counsel, or on an unrepresented opposing party.

Applies to

Motion

Presiding-judge-track motions must be served on opposing counsel, or on an unrepresented opposing party.

Applies to

Post judgment motion

A post-judgment motion must be served on the party in accordance with Civil Rule 4.04.

Fee

15

Applies to

Motion

A Commissioner-track motion must include a $15 fee, unless the party has in forma pauperis leave; that fee covers the first 15 minutes or portion of the hearing, and remaining hearing fees are due at case conclusion.

Applies to

Paternity action or iv d action

The Circuit Clerk does not collect filing fees when the county attorney initiates a paternity or IV-D action on behalf of the Commonwealth.

Applies to

Complaint

A respondent filing a complaint to request custody or time-sharing/visitation must pay the filing fee to the clerk.