Letcher Circuit Court Document Filing Requirements

CRITICALCriminal cases

Applies to

Court order

For a participant's failure to comply, the pretrial officer must refer the matter to the trial judge, who must enter an order reflecting the decision to terminate or modify the contract.

the pretrial officer shall refer the participant to the trial judge for a determination of either termination or modification. The trial judge shall enter an order reflecting said determination.

CRITICALCivil cases

Applies to

Motion

Every motion must include a statement of the anticipated hearing length.

(A) All motions shall include a statement concerning the anticipated length of the hearing.

CRITICALCriminal cases

Applies to

Diversion contract

Upon referral, the defendant must meet with a pretrial officer to establish a contract specifying the ordered conditions, services, contract length, and any required restitution, treatment, or community service.

Upon referral to the Program, the defendant shall meet with a pretrial officer to establish a formal contract which species the court ordered conditions, the referral services to be used, the length of the contract, and if required, the need for the defendant to make restitution, enter/complete a treatment program, or perform community services.

CRITICALCivil cases

Applies to

Pleading

An attorney seeking an in-person hearing must file an affidavit with the pleading explaining the need for the hearing.

(A) Any attorney desiring an in-person hearing shall file an Affidavit with their pleading setting forth the need for an in-person hearing.

CRITICALCriminal cases

Applies to

Speedy trial waiver

Upon approval to participate, the defendant must sign a speedy-trial waiver and must be given the opportunity to consult an attorney beforehand if desired.

Upon approval for participation in the Program, the defendant shall sign a statement waiving his or her right to a speedy trial. Prior to signing such statement the defendant shall be given the opportunity to consult with an attorney if he or she so desires.

CRITICALCriminal cases

Applies to

Pretrial report and diversion contract

After the diversion contract is completed, the pretrial officer must submit the report and contract to the trial judge for approval.

Following completion of the diversions contract, the pretrial officer shall submit a pretrial report and the contract for approval to trial judge.

CRITICALCriminal cases

Applies to

Pretrial report

The pretrial report must include specified background, criminal-history, program-participation, employment, residency, and eligibility information.

The report shall contain basic pretrial information, record of any past offenses and conviction, record of any prior participation in the diversion program or similar program, employment status, length of residence in the area, and any other information necessary to determine eligibility and appropriateness of approval to participate in the program.

WARNINGCriminal cases

Applies to

Contract termination statement

A program participant may terminate the contract at any time by submitting a written statement to the pretrial officer or trial judge.

D. A program Participant may terminate the contract at any time by submitting a written statement to the pretrial officer or the trial judge.