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

CRITICAL

All parties must receive notice of the Bath County Protective Order hearing as indicated on the Protective Order.

1. BATH COUNTY- Protective Order hearings shall take place every other Tuesday at 1:00p.m. and can at times be held each and every Tuesday depending on how hearing dates fall within the fourteen (14) day rule pursuant to the filing of the Protective Order. All parties shall receive notice of the Protective Order hearing as indicated on the Protective Order.

CRITICALCriminal cases

The Court may void a person’s participation in diversion only after a hearing with notice to the Commonwealth and defendant, upon the stated showing of noncompliance or lack of satisfactory progress.

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

CRITICAL

All parties will receive notice of the Montgomery County Protective Order hearing as indicated on the Protective Order.

2. MONTGOMERY COUNTY- Protective Order hearings shall take place every Monday at 1:30 p.m. in Montgomery District Court and could be held on a different date depending on how the hearing dates fall within the fourteen (14) day rule pursuant to the filing of the Protective Order. All parties will receive notice of the Protective Order hearing as indicated on the Protective Order.

CRITICALCivil cases

All relevant parties must receive notice of the proceedings and details about the reason for the motion.

All relevant parties shall receive notice of the proceedings as well as details concerning the reason for the Motion.

CRITICAL

Applies to

Motion

If the petitioner has not requested a Status Quo Order, the respondent may seek one at the initial appearance or by motion, but must give the petitioner notice without clerk assistance.

If a Status Quo Order is not requested by the Petitioner, the Respondent may also seek a Status Quo Order at the initial court appearance or may file a motion as directed in this rule. However, the respondent must provide notice of the motion upon the petitioner without the assistance of the clerk.

CRITICALCivil cases

All parties will receive notice of the domestic violence hearing as indicated on the Emergency Protective Order.

All parties will receive notice of the domestic violence hearing as indicated on the Emergency Protective Order.

CRITICALCivil cases

A copy of every filed motion must be served or mailed to the Court.

Copies of all motions filed shall be served or mailed to the Court.

CRITICAL

A Guardian ad Litem appointed for the specified respondents must notify them of the appointment and proceeding, and inform respondents in paternity cases of the right to genetic testing.

Guardians ad Litem appointed to represent unmarried infants, persons of unsound mind, or adult prisoners shall notify the respondent of his/her appointment as a Guardian ad Litem, inform the respondent of the nature of the proceeding, and, in paternity cases, inform the respondent of the right to have genetic testing conducted.

CRITICAL

Applies to

Motion

A copy of every motion must be served on the appropriate Circuit Judge at the judge’s office, with that service noted in the certificate of service.

A copy of all motions shall be served upon the appropriate Circuit Judge at his/her office and such service shall also appear in the certificate of service.

CRITICALCivil cases

CHFS must provide the court and all attorneys of record with the FCRPP 28 information and any dispositional report at least three days before the disposition hearing.

At the Dispositional Hearing, CHFS shall provide the Court and all Attorneys of record with the information required pursuant to FCRPP 28, and any dispositional report shall be filed and provided to the court and all attorneys of record at least three (3) days prior to a disposition hearing, by completing form DNA-12.

CRITICALCivil cases

All parties will receive notice of the domestic violence hearing as indicated on the Emergency Protective Order.

All parties will receive notice of domestic violence hearing as indicated on the Emergency Protective Order.

CRITICALCivil cases

An attorney seeking to withdraw must serve notice on the client and parties under the Rules of Civil Procedure and file a motion under FCRPP 26.

If any attorney wishes to withdraw, notice must be served upon the client and parties pursuant to the Rules of Civil Procedure and a motion to withdraw must be filed pursuant to FCRPP 26.

CRITICAL

Applies to

Default motion

Notice must be given to the party in default in connection with placing the default matter on the motion docket.

placed on the appropriate motion docket, with a tendered judgment and notice to the party in default.

CRITICALCivil cases

The Juvenile Clerk must notify appointed attorneys of the temporary removal hearing date and provide them copies of all relevant documents.

The Juvenile Clerk shall notify the appointed attorneys of the date for the temporary removal hearing, and provide them copies of all relevant documents.

CRITICALCivil cases

When no CHFS social worker is involved, the ECO copy must be provided to the requester before they leave the clerk’s office and to CHFS, while the original stays with the clerk.

If an ECO is issued and a CHFS social worker is not involved in this process, a copy shall be provided to the person seeking the ECO prior to leaving the respective Circuit Court Clerk's Office, as well as to CHFS. The original ECO shall remain with the appropriate Circuit Court Clerk's Office.

CRITICAL

All parties will receive notice of the Rowan County Protective Order hearing as indicated on the Protective Order.

3. ROWAN COUNTY- Protective Order hearings shall take place every Monday at 1:00 p.m. in Rowan District Court and could be held on a different date depending on how the hearing dates fall within the fourteen (14) day rule pursuant to the filing of the Protective Order. All parties will receive notice of the Protective Order hearing as indicated on the Protective Order.

CRITICALCivil cases

The Court Designated Worker and all other relevant agencies shall make every effort to give the custodial parent notice of the hearing.

The Court Designated Worker and all other relevant agencies shall make every effort to give the custodial parent notice of the hearing.

CRITICAL

All parties will receive notice of the Menifee County Protective Order hearing as indicated on the Protective Order.

4. MENIFEE COUNTY- Protective Order hearings shall take place every Tuesday at 9:30 a.m. in Menifee District Court and could be held on a different date depending on how the hearing dates fall within the fourteen (14) day rule pursuant to the filing of the Protective Order. All parties will receive notice of the Protective Order hearing as indicated on the Protective Order.

CRITICALCivil cases

Applies to

Summons

When a case is transferred because of a pending dissolution or custody matter and the adverse party has not been served, the initiating Court must reissue the summons for no more than 14 days, or for another period the Court determines necessary to protect the petitioner.

Consistent with FCRPP 12, when a case is transferred to another Circuit due to a pending dissolution or custody matter, an emergency protective order shall continue and the summons shall be reissued by the initiating Court, pursuant to KRS 403.740 (4), for a period to not exceed fourteen (14) days if service has not been made on the adverse party by the date of transfer, or as the Court determines is necessary for the protection of the petitioner.

CRITICALCivil cases

After the hearing, CHFS must continue diligent efforts to locate and notify anyone who was not served.

The CHFS shall make continuing diligent efforts after the hearing to locate and notify all persons who are not served.

WARNING

Applies to

Protective order hearing notice

All parties will receive notice of the Protective Order hearing as indicated on the Protective Order.

All parties will receive notice of the Protective Order hearing as indicated on the Protective Order.

WARNING

Applies to

Protective order hearing notice

All parties must receive notice of the Protective Order hearing as indicated on the Protective Order.

All parties shall receive notice of the Protective Order hearing as indicated on the Protective Order.

WARNINGCivil cases

The judge may allow a temporary removal or adjudicatory hearing to proceed without service on the non-custodial parent if the record establishes CHFS made diligent efforts to serve all other parties.

The Judge may permit a temporary removal hearing or the adjudicatory hearing to go forward when the non-custodial parent has not been served in accordance with FCRPP 18(1) if it is established on the record that CHFS has made diligent efforts to serve all other parties.