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Judge agrees to order setting deadline for 404(b) evidence notice
Summary
In a morning docket appearance, the court told counsel it will accept an agreed order setting a deadline for the Commonwealth to give notice of any 404(b) evidence and directed the parties to submit a stipulation.
The Cumberland Circuit Court told lawyers on the morning docket that it would accept an agreed order setting a deadline for the Commonwealth to disclose any Rule 404(b) evidence. Defense counsel asked the court to exclude such evidence and to require notice, and the judge responded that the court would accept a written order memorializing the deadline.
The request came early in the docket when defense counsel moved to exclude or limit 404(b) evidence. The judge said, “Well, we’ll go ahead and submit an order on that,” and directed counsel to prepare an agreed order spelling out the scope and timing of disclosure.
Prosecutors did not press an immediate objection in court and the matter was left for a written order to define the parties’ stipulations and any remaining issues about admissibility. The court did not rule on admissibility itself at the hearing; it directed counsel to put the scheduling and parameters into an order that the court will sign.
Next steps: the parties are to prepare and submit an agreed written order that sets the deadline for 404(b) notice (the defense asked for a 45-day pretrial deadline). The transcript records the judge’s instruction to submit the order but does not show the court entering a specific signed order during the hearing.
