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Kentucky Supreme Court issues two amended orders related to in-person testimony and evictions

From Kentucky Forward -

The Kentucky Supreme Court has entered two amended administrative orders related to in-person testimony and evictions.

In-Person Testimony

Administrative Order 2020-63 amends Administrative Order 2020-55, Health and Safety Requirements. The amendment clarifies that a judge may, in his or her discretion, allow a party, attorney or witness to temporarily remove his or her facial covering if it is necessary to create a clear record and if sufficient social distancing can be maintained while the facial covering is removed. This change was in response to questions from several judges who expressed concerns about muffled testimony as they prepared to conduct jury trials. Evictions Administrative Order 2020-64 amends Administrative Order 2020-56, Expansion of Court Services. The amendment converts the eviction proceeding set by the summons into an initial hearing and inserts a 14-day pause before the trial can be set to allow landlords and tenants sufficient time to access available rental assistance through the Healthy at Home Eviction Prevention Fund. The fund will be accessible by landlords and tenants as soon as the landlord sends the tenant the notice to vacate, which should reduce the number of eviction cases that are filed. The 14-day pause provided in this order is intended to benefit the landlords and tenants who were unaware of or could not access the Healthy at Home Eviction Prevention Fund before appearing in court for the eviction proceeding. The Supreme Court is the state court of last resort and the final interpreter of Kentucky law. Seven justices sit on the Supreme Court and all seven rule on appeals that come before the court. The justices are elected from seven appellate districts and serve eight-year terms. A chief justice, chosen for a four-year term by fellow justices, is the administrative head of the state’s court system and is responsible for its operation. The Supreme Court may order a ruling or opinion to be published, which means that the ruling becomes the case law governing all similar cases in the future in Kentucky.

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