Boyd Circuit Court Service and Proof of Service Rules

CRITICALCivil cases

Service

Personal service to opposing party

The officer must attempt to locate and serve the respondent with the petition, with the petitioner's address redacted, and the EPO or TIPO and summons.

(iii) Attempt to locate the Respondent and serve said Respondent with copies of the Petition (with Petitioner's address redacted) and the EPO or TIPO and Summons;

CRITICALCivil cases

The law enforcement officer must provide the petitioner with copies of the petition, EPO or TIPO, and summons.

The law enforcement officer will then: (i) Provide the Petitioner with a copy of the Petition and EPO or TIPO and summons;

CRITICAL

The officer must attempt to locate and serve the Respondent with the specified documents, with the Petitioner's address redacted from the Petition.

(iii) Attempt to locate the Respondent and serve said Respondent with copies of the Petition (with Petitioner's address redacted) and the EPO or TIPO and Summons;

CRITICAL

The officer must provide the Petitioner with copies of the Petition, EPO or TIPO, and summons.

(ii) Provide the Petitioner with a copy of the Petition and EPO or TIPO and summons;

CRITICALCivil cases

Service

Personal service to opposing party

The officer must attempt to locate and serve the respondent with the petition, with the petitioner's address redacted, and the EPO or TIPO and summons.

(ii) Attempt to locate the Respondent and serve said Respondent with copies of the Petition (with Petitioner's address redacted) and the EPO or TIPO and Summons;

CRITICALCivil cases

Applies to

Financial disclosure statements and issues statement

At least five days before mediation, the parties must exchange and provide the mediator with financial disclosure statements and a short statement of the issues to be addressed.

At least five (5) days prior to the mediation, the parties shall exchange and provide to the mediator the financial disclosure statements and a short statement including the issues to be addressed.

CRITICAL

If service has not occurred before the hearing date, the unserved EPO/TIPO and Summons must be returned to the Clerk's Office by noon that day.

(v) If not served prior to the day of the hearing, the unserved EPO/TIPO and Summons shall be returned to the Boyd Circuit Clerk's Office no later than 12:00 noon on the date of the hearing.

CRITICALCivil cases

A responsive pleading faxed to the Court for motion hour must be faxed to opposing counsel or the opposing party at the same time, or mailed immediately if no fax number is available.

If a responsive pleading is faxed to the Court for consideration at motion hour, the responsive pleading must also simultaneously be faxed to opposing counsel/party. If a fax number is not available then it shall be mailed immediately to the opposing/party.

CRITICALCivil cases

The officer must provide the petitioner with copies of the petition, EPO or TIPO, and summons.

(ii) Provide the Petitioner with a copy of the Petition and EPO or TIPO and summons;

CRITICALCivil cases

Applies to

Notice of hearing

After referral to the Domestic Relations Commissioner, the notice of hearing must be sent to all parties within seven days.

Once the case is referred to the Domestic Relations Commissioner, the notice of hearing must be sent to all parties within seven (7) days.

CRITICAL

The officer must return the original Petition and copies of the EPO or TIPO and summons showing service to the Agency for return to the Clerk's Office the next regular business day.

(III) Return the original Petition and a copy of the EPO/TIPO and Summons showing service upon the Respondent to the Agency to be returned to the Boyd Circuit Clerk's Office the next regular business day;

CRITICAL

The officer must attempt to locate and serve the respondent with the Petition, with the petitioner's address redacted, and the EPO or TIPO and summons.

(ii) Attempt to locate the Respondent and serve said Respondent with copies of the Petition (with Petitioner's address redacted) and the EPO or TIPO and Summons;

CRITICALCivil cases

A written motion requesting a continuance must be directed to the opposing parties, unless they agree to the continuance.

Continuances may only be made for good cause shown and written motion to opposing parties, unless the parties agree to the continuance.

CRITICAL

Deadline

1 business days

After service, the officer must return the original Petition and documents showing service to the Agency for return to the Clerk's Office the next regular business day.

(iv) Return the original Petition and a copy of the EPO/TIPO and Summons showing service upon the Respondent to the Agency to be returned to the Boyd Circuit Clerk's Office the next regular business day;

CRITICAL

The law enforcement officer must provide the petitioner with copies of the Petition, EPO or TIPO, and summons.

(i) Provide the Petitioner with a copy of the Petition and EPO or TIPO and summons;

CRITICAL

Applies to

Pretrial conference order

The Clerk must serve the conference order on the parties at least ten days before the conference.

a copy of the Order shall be served on the parties by the Clerk at least ten days prior to the date of the conference.

WARNINGCriminal cases

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

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 .