Anderson County Circuit Court, Kentucky Service and Proof of Service Rules

CRITICAL

The specified motions must be served on the opposing party and/or attorney at least 24 days before Motion Hour.

Motions to dismiss, motions for summary judgment, motions to strike, and motions under CR 12.02 shall be filed and served upon opposing party and/or attorney(s) at least 24 days prior to motion hour

CRITICAL

If the defaulting party has appeared, the motion must be on the motion docket and written notice must be served on the party or its representative at least three days before the hearing.

If the party in default has appeared in the action, the motion shall appear on the motion docket and the party in default, or if the party is appearing by representative, the party's representative, shall be served with written notice of the motion at least three (3) days prior to the hearing thereon.

CRITICAL

Orders of dismissal or submission and opinions and orders affirming or reversing the District Court must be served on all parties or their attorneys and the trial Court Judge.

F. All orders of dismissal, submission and opinions and orders affirming or reversing the District Court will be served upon all parties or their attorneys and the trial Court Judge.

CRITICAL

Applies to

Motion

If counsel seeks leave of Court to substitute or withdraw, the proper motion must be noticed to all parties.

Substitution of counsel or withdrawal of counsel from any proceeding may be by: 1) an Agreed Order which names the "new" counsel and is signed by all parties; or, 2) leave of Court upon proper motion with notice to all parties.

CRITICAL

The Court may void participation in diversion after a hearing, with notice to the Commonwealth and defendant, upon a showing of noncompliance or unsatisfactory progress.

A.) After a hearing, with notice to the Commonwealth and the defendant, the Court may void a person's participation in pretrial diversion upon a showing of failure to comply with the conditions of diversion or failure to make satisfactory progress.

CRITICAL

The Commonwealth must make a good-faith effort to interview the victim or the victim’s family, seek their input, and advise them of the motion hearing’s time, date, and place.

2. Make a good faith effort to interview and seek input from the victim and/or victim's family and advise them of the time, date and place the motion will be heard by the Court;

CRITICAL

A copy of the confirmation order must be served on the purchaser.

A copy of the order of confirmation shall be served upon the purchaser.

CRITICAL

An arraignment will not be scheduled unless a summons or warrant has been properly served before the arraignment.

E. There will be no arraignment scheduled on the Court's calendar without proper service of a summons or warrant prior to the arraignment.

CRITICAL

Deadline

72 hours

Covered motions must be served on opposing parties by hand delivery or facsimile and received by opposing counsel at least 72 hours before Motion Hour; the rule excludes the motions listed in (ii) and (iii) and motions that may be heard ex parte.

All motions to be argued at Motion Hour and notice of the hearing, other than those set forth in (ii) and (ili) below or those that may be heard ex parte, shall be filed with the Clerk, and served by hand delivery or facsimile on opposing parties. Motions to be heard must be received by opposing counsel 72 hours prior to the noticed motion hour.

CRITICAL

Applies to

Motion

Where applicable, motions must be served on the Master Commissioner.

Motions shall be served on the Master Commissioner where applicable

WARNING

If the defaulting party has not appeared, the motion need not be placed on the motion docket and notice of it need not be given to that party.

If the party in default has failed to appear in the action, the motion need not appear on the motion docket and no notice thereof need be given the party against whom judgment by default is sought.

INFO

Counsel may waive service of an order or judgment and notice of entry.

Counsel may waive service of any order or judgment and notice of entry.