Boone Circuit Court Service and Proof of Service Rules

CRITICAL

The parties must allow the opponent three additional days to act on a motion served by U.S. mail or electronic service.

Pursuant to CR § 6.05, the parties shall allow three (3) additional days for the opponent to act on any motion served by the U.S. mail or electronic service.

CRITICAL

All motions pursuant to B/GFCR Rule 2, except emergency or ex-parte motions or motions with other timeframes under the FCRPP or appropriate statute, shall be filed and clocked with the Gallatin Circuit Clerk's Office, and notice served upon the opposing party(ies), no later than 4:30 p.m. at least seven (7) days in advance of the hearing.

All motions pursuant to B/GFCR Rule 2, except emergency or ex-parte motions or motions with other timeframes under the FCRPP or appropriate statute, shall be filed and clocked with the Gallatin Circuit Clerk's Office, and notice served upon the opposing party(ies), no later than 4:30 p.m. at least seven (7) days in advance of the hearing.

CRITICAL

Rebutting memorandums must be served within ten days.

Rebutting memorandums must be served within ten (10) days.

CRITICAL

The parties must allow the opponent three additional days to act on a motion served by U.S. mail or electronic service.

Pursuant to CR 6.05, the parties shall allow three (3) additional days for the opponent to act on any motion served by the U.S. mail or electronic service.

CRITICAL

Deadline

72 hours

Applies to

Exhibits and witness lists

Unless a trial or hearing order conflicts, parties must exchange exhibits and witness lists at least 72 hours before the hearing; the judge may continue the matter or exclude untimely evidence if they do not.

Absent a conflicting trial/hearing order, the parties shall exchange exhibits and witness lists at least 72 hours in advance of the hearing. Failure to so exchange may result in the continuance of the matter to a later date or the exclusion of untimely exchanged evidence at the discretion of the judge.

CRITICAL

Applies to

Brief pleading or memorandum

Briefs, pleadings, and memoranda must include proof of service stating the service date and manner and the names and addresses of counsel and unrepresented parties; ex parte proof may be a service certification or affidavit, and the hearing place must be stated when a party is pro se.

All briefs, pleadings or memoranda filed with the Court shall have proof of service by written certification of counsel. In the case of an ex parte proceeding, proof may be by written certification of service or by Affidavit of the person making the service. Proof of service shall state the date and manner of service and shall include the names and addresses of all attorneys and parties not represented by counsel. Additionally, the place of the hearing shall be designated when there are parties acting pro se.

CRITICAL

Applies to

Notice of filing of report

Ten days must elapse between service of notice that the Report was filed and the hearing or Motion to Confirm the Report.

provided ten (10) days have lapsed between service of the notice of the filing of the Report and the hearing or the Motion to Confirm the Report.

CRITICAL

All motions pursuant to B/GFCR Rule 2, except emergency or ex-parte motions or motions with other timeframes under the FCRPP or appropriate statute, shall be filed and clocked with the Boone/Gallatin Circuit Clerk's Office, and notice served upon the opposing party(ies), no later than 4:00 p.m. at least seven (7) days in advance of the hearing.

All motions pursuant to B/GFCR Rule 2, except emergency or ex-parte motions or motions with other timeframes under the FCRPP or appropriate statute, shall be filed and clocked with the Boone/Gallatin Circuit Clerk's Office, and notice served upon the opposing party(ies), no later than 4:00 p.m. at least seven (7) days in advance of the hearing.

WARNING

Publication in the Motion Docket Bulletin does not constitute service required by CR 5.01 et seq.

Publication in the Motion Docket Bulletin shall not be deemed service as is required by CR 5.01 et seq.