Judge Michael Dean
Judge • Owsley County Circuit Court, Kentucky
Court-wide rules
Applies court-wideOwsley County Circuit Court, Kentucky publishes its filing requirements at the court level rather than per judge, so these 83 rules are what govern this courtroom.
Filing Requirements
All 35- Applies to
- Pre trial diversion application
When applying for pre-trial diversion, counsel must state on the record that the defendant waives the right to a speedy trial or disposition if diversion is granted, and the defendant must agree.
- Applies to
- Recommendation
The Commonwealth's Attorney must submit a written recommendation to the Court in response to each petition.
- Applies to
- Recommendation
The Commonwealth's Attorney must make written recommendations to the Court about conditions for pre-trial diversion.
Filing Timing
All 19An eligible person may petition for a pre-trial diversion order at least 14 days before trial.
- Deadline
- 3 business days
Cases must be placed on the Motion Docket by close of business three business days before the regular Motion Hour/Rule Day, subject to leave of Court; the Clerk closes the docket at that time.
A properly served party may file a response with supporting authorities by the time specified in the motion’s Notice of Hearing; failure to do so may be grounds to deny leave to file late.
Service
All 15- Applies to
- Petition
A petition for a pre-trial diversion order must be accompanied by notice to the Commonwealth's Attorney.
The Court may void participation in pre-trial diversion for failure to comply with its conditions or make satisfactory progress only after a hearing with notice to the Commonwealth and the defendant.
Each motion must be served on opposing counsel and any unrepresented party entitled to notice using the methods defined in CR 5.02.
Communication
All 8- Phone
- 1-800-928-6381
Before making a recommendation, the Commonwealth's Attorney must obtain a criminal record check by calling Pretrial Services at AOC or faxing the request, and must not send the request to the local Pretrial Services Officer.
If a case is settled in whole or in part before jury trial, attorneys of record must notify the Court by 4:00 P.M. on the Wednesday before trial.
- Contact
- Phone
- Phone
- 1-800-928-6381
(d) Before making a recommendation to the Court, the Commonwealth's Attorney shall: (1) Have a criminal record check made by telephoning Pretrial Services at the Administrative Office of the Courts (AOC) at 1-800-928-6381 or faxing the request to
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