§ CR 79.05 Original record; removal and transfer

Codes > Kentucky Rules of Evidence > X Courts > CR 79 > CR 79.05

CR 79.05 Original record; removal and transfer

    (1) General.

    The clerk of each trial court shall maintain separately all papers filed, entered, issued or returned in each action, which with the docket required by Rule 79.01 or by Criminal Rule 13.01 shall constitute the original record. Except when transmitted to an appellate court or withdrawn by counsel pursuant to Rule 75.07, no original record shall be removed from the office of the clerk unless by a court order. However, when necessary in the hearing of a motion or in the taking of some step in an action or proceeding that is to be conducted by the court out of the county in which the record is kept, an attorney of record in the action, or if a party is not represented by an attorney, the party himself, may make a written and signed request to the clerk that the original record be transferred to the circuit clerk of the county wherein the hearing is to be conducted. Upon receipt of such request the clerk shall forthwith transmit the record as requested. The record shall be returned promptly after completion of the event necessitating the transfer.

    (2) Recording of wills.

    When a will is admitted to probate the clerk shall lodge the original will and a certified copy of the order admitting it with the county clerk for recording. It shall be the responsibility of the proponent of the will to see that the will and certified copy of the order are duly recorded and to pay the county clerk's recording fee. The original order admitting the will to probate and a certified copy of the will shall be retained in the record of the probate action.

    (3) Exhibits.

    The clerk may dispose of exhibits six (6) months after the action becomes final, unless sooner withdrawn by the parties.