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

CRITICAL

Applies to

Post judgment filing

All post-judgment filings shall be properly served upon all parties and attorneys of record at the time of judgment unless the attorney of record has withdrawn by proper motion and order of the Court.

All post-judgment filings shall be properly served upon all parties and attorneys of record at the time of judgment unless the attorney of record has withdrawn by proper motion and order of the Court.

CRITICAL

After the hearing, the petitioner must continue diligently locating parties and provide updated addresses so the clerk can send summonses and forms to those not served.

C. The petitioner shall make continuing diligent efforts after the hearing to locate and provide updated addresses to the Circuit Clerk who shall send the required summons and forms to parties who were not served.

CRITICAL

Parents or custodians named in Juvenile Division actions must be served as required by CR 5.02 or the applicable statute or rule.

Parents or custodians named in such actions shall be served as required by CR 5.02 or applicable statute or rule.

CRITICAL

Applies to

Preliminary verified disclosure statement

If a maintenance or child-support Pendente Lite motion is filed before the FCRPP 2(3) timeframes expire, the parties must exchange disclosure statements before the motion is called.

If a Pendente Lite motion relating to maintenance or child support is filed before the expiration of the timeframes set forth in FCRPP 2(3), the parties shall exchange Preliminary Verified Disclosure Statements before the call of the motion.

CRITICAL

Applies to

Docketed motion

All docketed motions must be noticed to the child's foster parents, if any, and to any pre-adoptive parent or relative providing care for the child.

Pursuant to 42 U.S.C. 675(5) and 45 CFR § 1356.21(o), all motions set on the court docket shall be noticed to the foster parents, if any, of the child and any pre-adoptive parent or relative providing care for the child.

CRITICAL

Applies to

Preliminary verified disclosure statement

The parties must exchange a Preliminary Verified Disclosure Statement within 45 days after the petition is filed.

A. Pursuant to FCRPP 2(3), a Preliminary Verified Disclosure Statement, Form AOC-238, shall be exchanged between the parties within 45 days of filing of the petition

CRITICAL

The required certification must state that the motion and its attachments, or the filed document, have been properly served on all parties.

No document shall be filed in the Court record unless the document is accompanied by a proper motion with a certification of service upon the opposing parties that the motion and its attachments have been properly served on all parties or the document is accompanied by a notice of filing of said document with a certification of service that the document has been properly served on all parties.

CRITICAL

Applies to

Motion

Motions on the DNA docket must be noticed to foster and specified other caregivers, and CHFS must provide their address so the clerk can send the notice.

D. Pursuant to 42 U.S.C. 675(5), 45 CFR § 1356.21(o), and KRS 610.125(5), all motions set on the DNA docket shall be noticed to the foster parents of the child, including any pre- adoptive parents or relatives providing care for the child. The notice shall specifically state that the notice is not an order for the foster parents to appear, but rather that they have a right to notice of the proceeding and a right to appear and an opportunity to be heard at the proceedings. The CHFS shall provide an address for the foster parents to the Circuit Clerk who shall send out a court notice with the qualifying language.

CRITICAL

Unless a rule or statute allows otherwise, motions must be served no later than close of business 10 days before the scheduled motion date, and responses must be served no later than close of business 3 days before that date.

A. Unless otherwise allowed by rule or statute, all motions to be set on a docket must be filed with the Circuit Clerk and served on the opposing parties or attorney, if represented, date. All responses must be filed with the Circuit Clerk and served on the opposing and clocked no later than close of business 10 days in advance of the scheduled motion parties or attorney, if represented, and clocked no later than close of business 3 days in advance of the scheduled motion date. Failure to timely respond to a motion may be grounds for granting the motion. Further, the Court may impose sanctions upon an attorney or party for failure to comply with this rule, including overruling the motion or not considering the response.

CRITICAL

Applies to

Order or judgment

Service

Mail

After an order or judgment is signed, preparing counsel must deliver it and enough copies with addressed, stamped envelopes to the Clerk for required service, unless counsel waives service or opts for electronic service; copies and envelopes are unnecessary for parties opting for electronic service.

When signed by the judge, the order or judgment shall be delivered to the Clerk for entry. The counsel preparing the order or judgment shall also deliver to the Clerk enough copies, together with properly addressed stamped envelopes to permit the Clerk to complete service thereof when required by Civil Rule 77.04. Counsel may waive service of any order or judgment and notice of entry or may opt for electronic service. Envelopes and copies shall not be necessary for parties who have opted for electronic service.

CRITICAL

Applies to

Motion

The written motion requesting an order must be served with notice to all parties, including the child's Guardian ad Litem, if any.

An individual requesting a judicial order must file a written motion, with notice to all parties, including the child's Guardian ad Litem, if any, and set forth the portion of the video record being requested and the specific purpose for the request.

CRITICAL

Service

Mail

When service is by certified mail, the completed certified-mail cards and return receipts must accompany the filing, and the return card must bear the Circuit Clerk's address.

Any filing to be served by certified mail shall include the completed certified mail cards and return receipts. The return card shall reflect the Circuit Clerk's address.

CRITICALCriminal cases

The circuit court clerk must serve notice of the Notice of Termination on the parties, their attorneys, and probation and parole.

The Notice of Termination shall be filed in the official record by the circuit court clerk, who shall serve notice of the Notice of Termination on the parties, their attorneys, and probation and parole.

CRITICAL

The separate notice accepting fax or email service must be served on all parties.

3. An attorney or party who will accept service via fax or email pursuant to CR 5.02 shall file such notice as a separate pleading and serve upon all parties.

CRITICAL

The parties must complete and exchange Form AOC-238 within 45 days after the petition is filed, exchange objections 20 days thereafter, and not file objections unless the Court orders it.

A. Pursuant to FCRPP 2(3), Form AOC-238 Preliminary Verified Disclosure Statement shall be completed and exchanged between the parties within forty-five (45) days of filing of the petition, and objections thereto shall be exchanged twenty (20) days thereafter and shall not be filed in the record unless ordered by the Court.

CRITICAL

Applies to

Emergency custody order

When a private citizen obtains an Emergency Custody Order, the Circuit Clerk must fax a copy to the local CHFS office.

If a private citizen obtains an ECO, the Circuit Clerk shall fax a copy to the Cabinet for Health and Family Services' (hereinafter CHFS) local office.

CRITICAL

Applies to

Denied emergency custody order hearing documents

When an Emergency Custody Order request is denied, the Circuit Clerk must place the specified papers in the existing or newly opened file and send the listed hearing documents to petition-listed parents or custodians for whom an address is provided.

If the request for an ECO is denied, and a court file already exists regarding the child involved, the Affidavit for an ECO, Petition and the denied ECO shall be placed in that file with a new trailer number. If the petition refers to a child with no previous DNA action in this jurisdiction, a new court file shall be opened by the Circuit Clerk and the Affidavit for an ECO, Petition and the denied ECO shall be placed in that file. The matter shall be set for hearing on the next DNA motion docket and the Circuit Clerk shall send a summons and a copy of the Petition and a Form AOC-DNA-11, Financial Statement, Affidavit of Indigence, Request for Counsel and Order to all persons listed in the petition as the parents or other person exercising custodial control or supervision for whom an address is provided.

CRITICAL

Motions in limine and witness and exhibit lists must be exchanged by the date of the final pretrial conference.

All motions in limine, witness and exhibit lists shall be exchanged on or before the date of the final pretrial conference.

CRITICAL

Applies to

Order confirmation

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

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

CRITICAL

All discovery intended for trial must be provided by the date of the final pretrial conference.

All discovery to be used at the trial of the matter shall be provided on or before the date of the final pretrial conference.

CRITICAL

The petitioner must provide the Circuit Clerk with correct addresses needed to serve all proper parties under the civil rules.

B. It is the responsibility of the petitioner to provide to the Circuit Clerk the correct addresses necessary to serve all proper parties as required by the civil rules.

CRITICALCriminal cases

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

CRITICAL

The Commonwealth must provide all available discovery, including exculpatory discovery not yet provided, at least one week before mediation.

The Commonwealth shall provide any available discovery not yet provided, to include any exculpatory discovery, at least one (1) week prior to the date of the mediation.

CRITICAL

Applies to

Written motion and notice of hearing

Written motions other than those heard ex parte, and their hearing notices, must be served at least one week before the hearing unless a different period is set by the Civil Rules, statute, or court order.

Written motions other than those that may be heard ex parte, and notice of hearing thereof, shall be served at least one (1) week before the time specified for the hearing unless a different period is fixed by the Civil Rules, any applicable statute, or by Court order.

CRITICAL

After setting the hearing time and place, the Master Commissioner must give written notice to the parties.

When a hearing has been requested or is required, it shall be the responsibility of the attorney requesting the hearing to notify the Master Commissioner’s office of the request, after which the Master Commissioner shall fix a time and place for the hearing and give written notice thereof to the parties.

CRITICAL

Applies to

Post judgment motion or filing

Except motions to amend, alter, vacate or otherwise modify the final decree or other final orders which shall be served on the last attorney of record if not formally withdrawn by order of the Court, all post-judgment motions or filings shall be served upon the party. Service upon the attorney will not be sufficient notice, unless the attorney has filed a notice of appearance subsequent to the final decree

Except motions to amend, alter, vacate or otherwise modify the final decree or other final orders which shall be served on the last attorney of record if not formally withdrawn by order of the Court, all post-judgment motions or filings shall be served upon the party. Service upon the attorney will not be sufficient notice, unless the attorney has filed a notice of appearance subsequent to the final decree

CRITICAL

Service

Electronic service

When service is required, fax or email service is permitted if the attorney or party consents in writing; service is complete upon mailing or electronic transmission, but electronic transmission is ineffective if the serving party learns it did not reach the person served.

2. Pursuant to CR 5.02 when service is required it may be accomplished by sending it by electronic means (fax or email) if the attorney or a party consents in writing. The attorney or a party consents to accept electronic service by filing and serving a notice electronic notification address at which the attorney or party agrees to accept service. that the attorney or party accepts electronic service. The notice must include the transmission is not effective if the serving party learns that it did not reach the person Service is complete upon mailing or electronic transmission, but electronic to be served.

CRITICAL

Written motions other than those that may be heard ex parte, and the listed papers, must be served on each party except parties in default for failure to appear.

every written motion other than one which may be heard ex parte, and every written notice, appearance, demand, offer of judgment, designation of record on appeal, and similar papers shall be served upon each party except those in default for failure to appear.

CRITICAL

Applies to

Temporary removal hearing documents

If an Emergency Custody Order is entered, the Circuit Clerk must attach the listed forms and documents to the hearing notice and summons and serve them on the listed parents or custodians for whom an address is provided.

Pursuant to FCRPP 18(2), if an ECO is entered, the Circuit Clerk shall attach to the Form AOC-DNA-2.2 Notice of Emergency Removal; and a Form AOC-DNA-11, summons for the temporary removal hearing a copy of the petition; a copy of the ECO; a Financial Statement, Affidavit of Indigence, Request for Counsel and Order. Each shall be served upon the parents or other person exercising custodial control or supervision for whom an address is provided.

CRITICAL

Applies to

Temporary removal hearing notice

The Circuit Clerk must notify CHFS, the County Attorney, and attorneys of record of the temporary removal hearing’s date and time.

The Circuit Clerk shall also notify the CHFS, the County Attorney and any attorneys of record of the time and date for the temporary removal hearing.

CRITICAL

Applies to

Docketed motion

Docketed motions must be properly noticed and filed with the Circuit Clerk, and copies must be served on all parties or their attorneys of record, including intervening parties or their attorneys.

All docketed motions shall be properly noticed and filed with the Circuit Clerk and copies served on all parties or their attorneys of record, including intervening parties or their attorney.

CRITICALCriminal cases

The circuit clerk must serve the notice of termination on the parties, their attorneys, and probation and parole.

The Order of Termination and Affidavit of Violations shall be filed in the official record by the circuit clerk, who shall serve the notice of termination on the parties, their attorneys, and probation and parole.

CRITICAL

Applies to

Discovery

Except in rocket-docket cases, the Commonwealth must provide all available discovery to defense counsel by the first post-arraignment status conference.

With the exception of cases on the Court’s “rocket docket”, all available discovery from the Commonwealth shall be provided to counsel for the defendant on or before the first status conference post arraignment.

CRITICAL

Applies to

Objections to disclosure statement

Objections to the disclosure statement must be exchanged 20 days thereafter and may not be filed in the court record unless the Court orders otherwise.

and objections thereto shall be exchanged 20 days thereafter and shall not be filed in the court record unless ordered by the Court.

CRITICAL

Applies to

Cabinet report

Cabinet reports must be served on the appropriate attorney by email or fax at least three days before the motion docket.

All Cabinet reports shall be served upon the appropriate attorney by this method at least 3 days prior to the motion docket.

CRITICAL

Applies to

Final hearing notice

After the final-hearing date is set, the petitioner must serve notice on all necessary parties, including the GAL, at least 10 days before the hearing unless a stated exception applies.

After the Court provides a final hearing date, the petitioner, pursuant to KRS 199.515, shall serve notice of the final hearing upon all necessary parties including the GAL at least 10 days in advance thereof, unless such parties have answered and agreed to the adoption or have failed to answer and the time for answering has expired or have waived, in writing, notice of the hearing.

WARNING

Applies to

Pleading exhibit

When service of a pleading is required, the opposing party need not respond until a referenced exhibit that was not filed and served is filed and a copy is provided to the opposing party or counsel.

If any exhibit or copy thereof, referred to in a pleading as part thereof, is not filed and served upon the opposing party, and if service is required of the pleadings, the opposing party shall not be required to file a responsive pleading until the exhibit has been filed, and a copy provided to the opposing party or counsel for the opposing party.

WARNING

When the Court places the matter on the docket, the Cabinet must give the Circuit Clerk the parents' or custodians' address, and the Clerk must send a court notice containing the required qualifying language.

Where the matter is placed on the docket by the Court, the Cabinet for Health and Family Services shall provide an address for said parents/custodians to the Circuit Clerk who shall cause a court notice with the qualifying language to be sent out.

WARNING

If the respondent remains unserved, service attempts must continue as provided by statute, and each later summons must include a copy of the petition until initial service is accomplished.

In cases where the respondent is unserved, attempts to serve shall continue as provided in statute and the Circuit Clerk shall attach a copy of the petition to each subsequent summons issued for respondent until initial service is accomplished.

WARNING

Notice of a protection order may be given by personal service or oral presentation by a peace officer or the Court, and the order becomes effective and binding on the respondent at that time.

Pursuant to KRS 403.735(6) the respondent may be given notice of the existence and terms of the order of protection issued under the provisions of KRS 403.715 to KRS 403.785 by personal service or oral presentation of a peace officer or the Court and the terms of the order of protection shall become effective and binding on the respondent at that time.

WARNING

The agency must provide reports to the Court and counsel by email or facsimile when a correct address is available, and must provide a paper copy to the court file and counsel by the time the matter is called if the report was served electronically.

The agency assigned to prepare the report shall provide a copy of the report to the Court and agency has served the report by electronic means, the agency shall provide a paper copy counsel via email or facsimile if a correct address has been provided to the agency. If the to the court file and counsel no later than the time the matter is called on the docket.

WARNING

The Court may proceed with a Temporary Removal Hearing without service on a parent or custodian if the record establishes timely diligent service efforts.

A. The Court may permit the Temporary Removal Hearing to go forward when the parent or person exercising custodial control has not been served if it is established on the record that the petitioner has made diligent efforts to serve all parties in time to permit them to prepare for and participate in the hearing.

INFO

Service

Electronic service

Electronic service is the preferred method for reports required to be filed in Family Court Juvenile Division actions.

4. Service by electronic means of reports required to be filed in actions in the Juvenile Divisions of the Family Court shall be the preferred method of service due to the volume of such reports.