Uniform Criminal Rules of County Court Practice


UNIFORM CRIMINAL RULES OF COUNTY

COURT PRACTICE

Effective March 15, 1985

1.00 ADOPTION OF UNIFORM CRIMINAL RULES

OF CIRCUIT COURT PRACTICE

The Uniform Criminal Rules of Circuit Court Practice as amended are adopted as they apply to all criminal cases in county court.

2.00 ADDITIONAL RULES

RULE 2.01 CRIMINAL TERMS

Unless otherwise ordered by the court, on the first (1st) day of each term of court the court's criminal docket will be called, and the criminal cases thereon that are triable at said term will then and there be set for hearing or trial, as the case may warrant; and all prosecutors, and all defendants, or their attorneys, shall personally be present in court for such docket calling and setting; and when such criminal case has been so set for hearing or trial, the same may not be changed or reset except for good cause shown upon the hearing of a statutory motion seasonably filed therefor and allowed by the court.

RULE 2.02 DEFAULT ON CRIMINAL APPEALS

In any criminal case where an appeal is taken to county court, and the appellant (defendant), when called as provided by the Rules, makes default, the court, at its election, may either return the cause to the court from which it was appealed on a writ of procedendo, or take a judgment nisi on the recognizance or appeal bond; and when the court takes either action, it will not be set aside during the term of the court taken without good cause shown upon the hearing of a statutory motion seasonably filed therefor and allowed by the court; and final judgment shall be rendered at the term of the court to which a scire facias is returnable and executed.

RULE 2.03 JURY TRIAL

In all criminal misdemeanor actions a six (6) person jury shall be used whether the case originated in county court or was appealed from a lower court. Each party may exercise three (3) peremptory challenges.