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Tuesday, March 16, 2010
Kentucky Rules of Criminal Procedure
The Kentucky Rules of Criminal Procedure govern procedure and practice in all criminal proceedings at all levels of the Kentucky Court of Justice. These Rules are intended to provide for a just determination of every criminal proceeding and are to be construed to secure simplicity in procedure, fairness in administration and the elimination of unjustified expense and delay. An index and the full text of all rules are included here for your convenience.
This compilation of Supreme Court Rules has been prepared as a service and convenience to our members.
The Official listing may be found on the Kentucky Court of Justice website at
http://courts.ky.gov/supremecourt/rulesprocedures.htm
I GENERAL PROVISIONS
RCr 1.02
Title and scope of rules
RCr 1.04
Purpose and construction
RCr 1.06
Definitions
RCr 1.08
Papers; form, filing, service
RCr 1.10
Time
II ARREST
RCr 2.02
Complaint
RCr 2.04
Warrant or summons; issuance
RCr 2.05
Bench warrants
RCr 2.06
Warrant or summons; requisites
RCr 2.08
Defective warrant, summons or citation
RCr 2.10
Warrant and summons; execution and service
RCr 2.12
Warrant or summons; return
RCr 2.14
Right to contact attorney
III INITIAL APPEARANCE AND PRELIMINARY HEARING BEFORE DISTRICT COURT
RCr 3.02
Initial appearance before the judge
RCr 3.04
Trial or preliminary hearing - Abolished
RCr 3.05
Cautioning of accused; appontment of counsel
RCr 3.06
Bail for good behavior - Abolished
RCr 3.07
Trial or preliminary hearing
RCr 3.08
Cautioning of accused; appointment of counsel - Abolished
RCr 3.10
Preliminary hearing; waiver
RCr 3.12
Transfer of defendant to another county
RCr 3.13
Defective complaint
RCr 3.14
Probable cause finding
RCr 3.16
Record of testimony
RCr 3.18
Order of commitment; bail
RCr 3.20
Recognizance of witnesses
RCr 3.22
Transmission of papers
IV BAIL
RCr 4.00
Recognizance and bail; definitions of terms
RCr 4.02
Bailable offenses; eligibility for pretrial release
RCr 4.04
Authorized methods of pretrail release
RCr 4.06
Duties of pretrial services agency
RCr 4.07
Officers authorized to take bail; responsibility - Abolished
RCr 4.08
Confidentiality of pre-trial services agency records
RCr 4.10
Release on personal recognizance; unsecured bail bond
RCr 4.12
Release on nonfinancial conditions
RCr 4.13
Motor vehicle traffic violations; guaranteed arrest bond certificate - Abolished
RCr 4.14
Nonfinancial conditions on release
RCr 4.16
Amount of bail
RCr 4.18
Motor vehicle traffic violations; guaranteed arrest bond certificate
RCr 4.20
Use of uniform schedule of bail
RCr 4.22
Ten percent deposit
RCr 4.24
Officers authorized to take bail
RCr 4.26
Receipt for and record of cash deposit and bond
RCr 4.28
Custody of cash deposits and bond
RCr 4.30
Qualification of sureties
RCr 4.32
Sufficiency of sureties
RCr 4.34
Justification of security
RCr 4.36
Recording of a real property bond
RCr 4.38
Mandatory review after twenty-four hours
RCr 4.40
Review of conditions of release
RCr 4.42
Change of conditions of release; bond forfeiture
RCr 4.43
Appellate review of bail; habeas corpus
RCr 4.44
Record of discharge
RCr 4.46
Application of deposit to fine or costs
RCr 4.48
Forfeiture of bail
RCr 4.50
Surrender of defendant; exoneration
RCr 4.52
Judgment against surety
RCr 4.54
Continuation of bail
RCr 4.56
Defects in bond or recognizance
RCr 4.58
Credit for incarceration
V GRAND JURY
RCr 5.02
Charge to grand jury
RCr 5.04
Foreperson; oath to witnesses
RCr 5.06
Attendance of witnesses before the Grand Jury
Rcr 5.08
Evidence for defendant
RCr 5.10
Evidence supporting indictment
RCr 5.12
Compelling testimony
RCr 5.14
Duties of prosecuting attorney
RCr 5.16
Transcript of testimony
RCr 5.18
Presence of other persons with grand jury
RCr 5.20
Return of indictment
RCr 5.22
Procedure upon failure to indict
RCr 5.24
Secrecy of proceedings; disclosure
VI INDICTMENT AND INFORMATION
RCr 6.02
Use of indictment and information
RCr 6.04
Information
RCr 6.06
Signatures
RCr 6.08
Names of witnesses
RCr 6.10
Requisites of indictment of information
RCr 6.12
Effect of defects
RCr 6.14
Surplusage
RCr 6.16
Amendment
RCr 6.18
Joinder of offenses
RCr 6.20
Joinder of defendants
RCr 6.22
Bill of particulars
RCr 6.24
Prior judicial approval for grand jury subpoena of and attorney or attorney's agent to obtain evidense concerning attorney's client
RCr 6.52
Warrant or summons upon indictment or information; issuance
RCr 6.54
Warrant or summons; requisites
RCr 6.56
Warrant or summons; execution or service and return
VII PRODUCTION OF EVIDENCE
RCr 7.02
Subpoenas
RCr 7.04
Attendance of witnesses - Abolished
RCr 7.06
Indispensable witness
RCr 7.08
Documentary evidence - Abolished
RCr 7.10
Grounds for taking depositions
RCr 7.12
Taking depositions
RCr 7.14
Notice of taking depositions
RCr 7.16
Defendant's counsel
RCr 7.18
Manner of taking depositions
RCr 7.20
Use of depositions; objections
RCr 7.22
Transcript of previous testimony
RCr 7.24
Discovery and inspection
RCr 7.26
Demands for production of statement and reports
VIII ARRAIGNMENT AND PLEADINGS
RCr 8.01
Initial appearance after indictment or information
RCr 8.02
Arraignment
RCr 8.03
Pretrial procedure
RCr 8.04
Pretrial diversion
RCr 8.06
Incapacity to stand trial
RCr 8.08
Pleas
RCr 8.09
Conditional plea
RCr 8.10
Withdrawal of plea
RCr 8.12
Pleadings
RCr 8.14
Motions
RCr 8.16
Defenses which may be raised by motion
RCr 8.18
Defenses which must be raised by motion
RCr 8.20
Time of making motion
RCr 8.22
Hearing on motion
RCr 8.24
Effect of determination
RCr 8.26
Improper venue; transfer
RCr 8.28
Presence of defendant
RCr 8.30
Separate counsel for defendants; when required
RCr 8.32
Transfer from the circuit or district for plea and sentence
X TRIAL
A. GENERAL
RCr 9.02
Time of eharing or trial
RCr 9.04
Postponement of hearing or trial; motions and affidavit
RCr 9.08
Pretrial procedure - Renumbered
RCr 9.12
Consolidation of offenses for trial
RCr 9.14
Misjoinder of offenses
RCr 9.16
Separate trials
RCr 9.22
Objections, exceptions unnecessary
RCr 9.24
Harmless error
RCr 9.26
Trial by jury or by the court
B. JURY
RCr 9.30
Selection of jury
RCr 9.32
Additional jurors - Abolished
RCr 9.33
Jurors from adjoining counties
RCr 9.34
Challenge to panel
RCr 9.36
Challenges to individual jurors
RCr 9.38
Examination of jurors
RCr 9.40
Peremptory challenges
C. PROCEEDINGS
RCr 9.42
Order of proceeding
RCr 9.44
Proof of official record
RCr 9.46
Expert witnesses - Deleted
RCr 9.48
Separation of witnesses - Deleted
RCr 9.50
Exclusion of infants from courtroom
RCr 9.52
Avowals - Deleted
RCr 9.54
Instructions
RCr 9.55
Jury instruction on the disposition of a defendant when the jury is instructed on the absence of criminal responsibility
RCr 9.56
Deadlocked jury; instruction; polling
RCr 9.58
Questions of law
RCr 9.60
Corroboration of confession
RCr 9.62
Testimony of accomplice - Abolished
RCr 9.64
Dismissal of indictment
RCr 9.66
Sequestration of jurors
RCr 9.68
Oath of officers in charge of jury
RCr 9.70
Admonition to jury
RCr 9.72
Jury to take exhibits
RCr 9.74
Information after case submitted
RCr 9.76
Court open while jury deliberating
RCr 9.78
Confessions, searches, and witness identification; supression of evidence
D. VERDICT
RCr 9.82
Verdict
RCr 9.84
Penalty
RCr 9.86
Limitations on conviction
RCr 9.88
Poll of jury
RCr 9.90
Insanity
X NEW TRIAL
RCr 10.02
Motion for new trial
RCr 10.04
Examination of jurors after verdict
RCr 10.06
Time for motion
RCr 10.08
Time for serving affidavits
RCr 10.10
Clerical mistakes
RCr 10.12
Preservation of error
RCr 10.22
Arrest of judgment - Abolished
RCr 10.24
Motion for judgment of acquittal
RCr 10.26
Substantial error
XI JUDGMENT; EXECUTION
RCr 11.02
Sentence
RCr 11.04
Contents and entry of judgment
RCr 11.22
Execution of judgment
RCr 11.32
Disability of judge
RCr 11.42
Motion to vacate, set aside or correct sentence
XII APEALS
RCr 12.02
Applicability of Civil Rules
RCr 12.04
When and how taken
RCr 12.05
Petition for rehearing and discretionary review motion not required for exhaustion
RCr 12.06
Notice of entry of judgments and orders
RCr 12.08
Expiration date of Rule 12 - Repealed
RCr 12.52
Manner of taking; notice - Repealed
RCr 12.54
Time for taking - Repleaed
RCr 12.55
Notice of entry of judgments and orders - Repealed
RCr 12.56
Record on appeal - Repealed
RCr 12.58
Filing record o appeal - Repealed
RCr 12.60
Correction or modification of record - Repealed
RCr 12.61
Order as to original papers - Repealed
RCr 12.62
Record for preliminary hearing in an appellate court - Repealed
RCr 12.63
Appeals in forma pauperis - Repealed
RCr 12.64
Transcript of evidence and proceedings - Repealed
RCr 12.66
Several appeals - Repealed
RCr 12.68
Appeals when no stenographic report is available - Repealed
RCr 12.70
Bystanders bill - Repealed
RCr 12.72
Agreed statement - Repealed
RCr 12.74
Preference - Abolished
RCr 12.76
Stay of execution
RCr 12.78
Bail on appeal
RCr 12.80
Execution and approval of bond
RCr 12.82
Application for relief pending review
XIII MISCELLANEOUS
RCr 13.01
Records
RCr 13.02
Local rules
RCr 13.03
Review of trial dockets
RCr 13.04
Application of Civil Rules to criminal procedure
RCr 13.06
Forms
RCr 13.08
Amendment of rules
RCr 13.10
Search warrant; who may issue
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