(1) When a criminal or penal action is removed, the circuit clerk shall immediately transmit the original papers, together with a transcript of the orders pertaining to the action, to the clerk of the court to which the removal is ordered, after first making out and retaining a copy of the original papers. The transfer shall be made by the clerk, his deputy or some discreet person for whom the clerk shall be responsible. If the defendant is the applicant, he shall, before the change of venue is ordered, pay the clerk for making the copy, and also ten cents ($0.10) a mile for necessary travel, going and returning, in making the transfer.
(2) If one (1), or some only, of several defendants charged in the same indictment, apply for or are allowed a change of venue, the original indictment shall be retained and a certified copy sent, which shall serve in lieu of the original.

Terms Used In Kentucky Statutes 452.250

  • Action: includes all proceedings in any court of this state. See Kentucky Statutes 446.010
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.
  • Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.
  • Venue: The geographical location in which a case is tried.

October 1, 1942
History: Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky.
Stat. secs. 1115, 1116.

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