by admin | May 13, 2021 | Criminal Procedure, Kentucky
A pretrial motion raising defenses or objections shall be determined before trial unless the court orders that it be deferred for determination at the trial of the general issue, but no such determination shall be deferred if a party’s right to appeal is...
by admin | May 13, 2021 | Criminal Procedure, Kentucky
(1) Deadlines for Motions, Defenses, Objections and Requests The court may, at the arraignment or as soon afterward as practicable, set deadlines for the parties to make or assert pretrial motions, defenses, objections and requests and may also schedule hearings on...
by admin | May 13, 2021 | Criminal Procedure, Kentucky
(1) Motion Deadline. The court may, at the arraignment or as soon afterward as practicable, set a deadline for the parties to make pretrial motions and may also schedule a motion hearing. (2) Ruling on a Motion. The court shall decide every pretrial motion within a...
by admin | May 13, 2021 | Criminal Procedure, Kentucky
(1) Defenses, Objections and Requests That Must Be Made Before Trial Except for good cause shown, the following shall be raised before trial: (a) a motion alleging a defect in instituting the prosecution; (b) a motion alleging a defect in the indictment or...
by admin | May 13, 2021 | Criminal Procedure, Kentucky
Defenses and objections based on defects in the institution of the prosecution or in the indictment or information other than that it fails to show jurisdiction in the court or to charge an offense may be raised only by motion before trial. The motion shall include...
by admin | May 13, 2021 | Criminal Procedure, Kentucky
A party may raise by pretrial motion any defense, objection, or request that the court can determine without a trial of the general issue. Ky. R. Crim. P. RCr 8.16Amended by Order 2012-10, eff. 1-1-13. Adopted eff. 1-1-63.
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