Adair Circuit Court Service and Proof of Service Rules

CRITICAL

If a motion to cease representation is granted, the Clerk must serve the order on the client and all attorneys of record.

If the motion is sustained, a copy of the order shall be served on the client and all attorneys of record by the Clerk.

CRITICAL

An attorney seeking to end representation must give adequate notice to the client and opposing counsel.

When an attorney of record wishes to cease representation of a party, the attorney shall file a motion therefore and give adequate notice to the client and opposing counsel.

CRITICAL

A party who has appeared through counsel may appear through different counsel or on their own behalf only after a substitution order following reasonable notice to the party’s attorney and opposing counsel.

Whenever parties have appeared by counsel they may not thereafter appear by different counsel or on their own behalf, unless an order of substitution shall first have been made by the Court after reasonable notice to the attorney for the party and to the opposing attorney.

CRITICALCriminal cases

The Court may revoke or void participation in pre-trial diversion only after a hearing and notice to the Commonwealth's Attorney and the defendant.

After a hearing, with notice to the Commonwealth's Attorney and defendant, the Court may revoke or void defendant's participation in the pre-trial diversion

CRITICAL

Provide the opposing party a copy of the AOC-239 or the affidavit, with supporting documentation, 15 days before trial unless the court orders otherwise.

Pursuant to FCRPP 3(3)(c), a copy of AOC-239, Final Verified Disclosure Statement, or the affidavit in (b) above, together with any supporting documentation, shall be provided to the opposing party 15 days prior to trial unless otherwise ordered by the court.

CRITICAL

Applies to

Discovery

The Commonwealth Attorney must provide discovery to the Defendant’s Attorney at least seven days before the pre-trial conference.

The Commonwealth Attorney is to provide discovery to the Defendant's Attorney at least 7 days prior to the pre-trial conference.

CRITICAL

The adoption checklist requires confirmation that all parties have been properly served.

• Have all the parties been properly served? KRS 199.480(2)

CRITICAL

Jury instructions must be provided to opposing counsel at the final pretrial conference.

b. Jury instructions shall be provided to the court and to the opposing counsel at the final pretrial conference.

CRITICAL

In actions involving permanent custody or time-sharing, each party must provide the other parties witness and exhibit lists at least 14 days before the hearing, unless the court orders otherwise.

Unless otherwise ordered by the court, in any action in which the permanent custody or time-sharing of the child(ren) is in issue, each party shall, not less than 14 days prior to the day set for hearing, provide the other party(ies) with a list of the names and addresses of every person and a short statement of the subject of their testimony expected to be called as a witness, as well as a list of exhibits to be entered.

CRITICAL

The motion must certify service of the motion and notice on the opposing party at the party’s last known address, and address Servicemembers’ Civil Act compliance if the party is on active military duty.

c. Shall include certification that the motion and notice of trial or submission has been served on the opposing party at the party's last known address; and if the party is on active military duty, that the provisions of the Servicemembers' Civil Act have been followed.

CRITICAL

When the parties are ordered to divide a minor child’s medical expenses, the custodial parent must provide the other parent a copy of each medical bill within 14 days of receipt.

In the event that the parties are ordered to divide medical expenses for minor child(ren), the custodial parent shall provide a copy of the medical bills shall be provided to the other parent within 14 days of receipt of said medical bill.

WARNING

The Court may revoke or void a defendant’s pre-trial diversion participation only after a hearing and notice to the Commonwealth’s Attorney and the defendant.

After a hearing, with notice to the Commonwealth's Attorney and defendant, the Court may revoke or void defendant's participation in the pre-trial diversion