Barren Circuit Court Service and Proof of Service Rules

CRITICAL

Deadline

7 calendar days

The moving party must serve a copy of the motion no later than the Clerk’s Office closing time seven calendar days before the hearing date.

A moving party, by counsel or pro se, shall file an original motion and serve a copy thereof no later than closing time in the Clerk's Office seven (7) calendar days immediately preceding the day upon which the motion shall be heard.

CRITICAL

In marital dissolution actions, all parties must serve Form AOC-238 no later than 10 days before the pre-trial conference, unless the parties exchanged the statements earlier under FCRPP 2 [3].

In marital dissolution actions an Order Setting Pre-Trial Conference shall include a requirement that all parties shall file and serve no later than ten (10) days before the pre-trial conference Form AOC-238 "Preliminary Verified Disclosure Statement" (unless the parties have exchanged such statements earlier in accordance with FCRPP 2 [3]).

CRITICAL

Applies to

Pretrial compliance statement

The parties must furnish the Pretrial Compliance Statement to the Court and each other at least one week before trial.

When a jury trial is requested, a Jury Trial Order shall be entered by the Court directing the parties to furnish to the Court and each other at least one week prior to trial a Pretrial Compliance Statement containing the following:

CRITICAL

Applies to

Discovery material

Failure to furnish discovery material required by the civil rules will result in sanctions.

Failure to furnish discovery material required by the civil rules shall result in sanctions.

CRITICAL

In marital dissolution actions involving property matters, all parties must serve Form AOC-239 no later than 10 days before trial.

In marital dissolution actions concerning property matters a pre-trial order shall include a requirement that all parties shall file and serve no later than ten (10) days before the trial Form AOC-239 "Final Verified Disclosure Statement" in accordance

CRITICAL

A copy of the motion to relieve counsel must be served upon the client.

4.3 Once having entered appearance, counsel shall remain of record, unless relieved of responsibilities by the Court upon written motion and notice (with copy of said motion served upon the client), until expiration of the time for filing a notice of appeal after the entry of a final judgment or order.

CRITICAL

Applies to

Motion

All motions, civil and criminal, except those that are permitted to be filed ex parte, shall be filed with the Clerk of the appropriate county and served on opposing counsel by

All motions, civil and criminal, except those that are permitted to be filed ex parte, shall be filed with the Clerk of the appropriate county and served on opposing counsel by

CRITICAL

Service

Mail

Motion service must be delivered by the Clerk’s closing time one week before the hearing Rule Day, with three additional days’ notice when service is by mail.

delivery no later than closing time in the Clerk's office one week immediately preceding the Rule Day upon which the motion is to be heard. If service of the motion is by mail, an additional three (3) days' notice shall be required.

CRITICALCriminal cases

A pretrial diversion petition must provide notice to the Commonwealth's Attorney; the method of notice is not specified.

A. An eligible person may petition the circuit court, with notice to the Commonwealth's Attorney, for the entry of a pre-trial diversion order not less than seven (7) days before sentencing .

WARNING

After 60 days have expired from entry of the most recent order, any notice must be served on both opposing counsel and the party at the party’s last known address.

If sixty (60) days have expired since the date of entry of the most recent order, any notice shall be served on both the opposing attorney and the party at his or her last known address.