Logan Circuit Court Service and Proof of Service Rules

Criminal cases

A pretrial-diversion petition must be accompanied by notice to the Commonwealth's Attorney.

After indictment and no later than 5 days before trial, any eligible person for the program may petition the circuit court, with notice to the Commonwealth's Attorney, for entry of a pretrial diversion order.

Criminal cases

The Court may revoke or void diversion participation after a hearing, with notice to the Commonwealth's Attorney and defendant, upon a showing of noncompliance or unsatisfactory progress.

A. After a hearing, with notice to the Commonwealth's Attorney and defendant, the Court may revoke or void defendant's participation in the pretrial diversion program upon a showing of failure to comply with the conditions of diversion or failure to make satisfactory progress.

Criminal cases

Before recommending on a petition, the Commonwealth's Attorney must interview and seek input from the victim or family and advise them when and where the petition will be heard.

Interview and seek input from the victim and/or victim's family as provided in KRS 533.252(2) and advise them of the time, date and place the petition will be heard by the Court;

The Court may revoke or void participation in the diversion program after a hearing with notice to the Commonwealth's Attorney and the defendant.

A. After a hearing, with notice to the Commonwealth's Attorney and defendant, the Court may revoke or void defendant's participation in the pretrial diversion program upon a showing of failure to comply with the conditions of diversion or failure to make satisfactory progress.

A copy of the written motion and notice seeking relief from counsel's responsibilities must be served on the client.

Once having entered appearance, counsel shall remain of record, unless relieved of responsibilities by the Court upon written motion and notice (with a copy of the motion and notice to be served upon the client), until expiration of the time for filing a notice of appeal after the entry of Final Judgment or Order.

Applies to

Response or reply

Responses and replies must be served on opposing counsel at least two days before the hearing.

all responses and replies thereto are to be filed and served on opposing counsel not less than two days prior to the date of the hearing.

Applies to

Notice of hearing

Notices of hearing must be served on opposing counsel at least five days before the hearing.

All notices of hearing are to be served on opposing counsel not less than five days before the hearing

Applies to

Pretrial diversion petition

A pretrial diversion petition must be brought with notice to the Commonwealth's Attorney.

A. After indictment and no later than 5 days before trial, any eligible person for the program may petition the circuit court, with notice to the Commonwealth's Attorney, for entry of a pretrial diversion order.