Boyle Circuit Court Service and Proof of Service Rules

CRITICAL

Applies to

Dependency neglect abuse petition

A copy of each filed dependency, neglect, or abuse petition must be forwarded to the assigned County Attorney and assistant, and the original must be filed with the Clerk.

A copy of all dependency, neglect and abuse petitions filed shall be forwarded to the County Attorney and his or her assistant assigned to prosecute dependency, neglect and abuse actions and the original shall be filed in the Clerk's Office.

CRITICAL

Applies to

Order

Orders must be delivered to the Circuit Court Clerk.

Orders shall be delivered to the Circuit Court Clerk.

CRITICAL

Except for motions permitted to be filed ex parte, motions must be delivered to opposing counsel by the stated filing deadline.

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 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.

CRITICAL

When a jury trial is requested, the Pretrial Compliance Statement must be furnished to the Court and the other parties 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

A copy of a written motion to relieve counsel must be served on the client.

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

After the hearing, the Petitioner must continue diligently trying to locate and notify everyone who was not served.

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

CRITICAL

Parties or their counsel must notify the Commonwealth whenever the case is docketed.

Parties or their counsel shall notice the Commonwealth any time the case is docketed.

CRITICAL

Deadline

4 working days

Applies to

Motion notice

Notice of every motion must be served on all necessary parties at least four working days before the scheduled hearing.

Notice of all motions must be served on all necessary parties no less than four (4) working days prior to any scheduled hearing.

CRITICAL

Applies to

Pleadings and attachments

All pleadings and attachments must be served on all other parties or their counsel.

All pleadings including any attachments shall be served on all other parties or their counsel and a copy forwarded to the Court.

CRITICAL

The Clerk must make reasonable efforts to notify the child's parents or guardians as required by KRS Chapter 600 and following.

The Clerk shall make reasonable efforts to notify the child's parents or guardians in keeping with the requirements of KRS Chapter 600, et seq.

CRITICAL

Applies to

Summons

Consistent with FCRPP 12, when the Family Court Judge orders that a case be 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 not to exceed fourteen 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. Thereafter, reissuance of the summons shall occur as needed in the court of transfer.

Consistent with FCRPP 12, when the Family Court Judge orders that a case be 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 not to exceed fourteen 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. Thereafter, reissuance of the summons shall occur as needed in the court of transfer.

CRITICAL

Applies to

Motion

The Guardian Ad Litem of record in the confidential case must receive notice of the motion seeking access to its records.

The Guardian Ad Litem of record in the confidential case to be opened shall receive notice of the motion.

CRITICAL

Applies to

Summons

When an unserved domestic violence case is transferred, the initiating court must reissue the summons for no more than fourteen days or as the court finds necessary to protect the petitioner; further reissuance occurs as needed in the receiving court.

Consistent with FCRPP 12, when the Family Court Judge orders that a case be 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 not to exceed fourteen 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. Thereafter, reissuance of the summons shall occur as needed in the court of transfer.

WARNING

Applies to

Report

Service

Email to all parties

Additionally, reports should be forwarded to all parties or their counsel. Reports may be sent by e-mail with appropriate measures to preserve confidentiality.

Additionally, reports should be forwarded to all parties or their counsel. Reports may be sent by e-mail with appropriate measures to preserve confidentiality.

WARNING

The Court may allow a Temporary Removal Hearing or adjudication to proceed without service on the non-custodial parent if the specified reasonable service efforts are established on the record.

The Court may permit a Temporary Removal Hearing or adjudication to proceed when the non-custodial parent has not been served in accordance with FCRPP 18.1 if it is established on the record that there have been reasonable efforts to serve all other parties including initiating contact with the Child Support Division of the County Attorney's Office in an attempt to locate any absent parent.

WARNING

Service

Mail

Service of a motion by mail requires three additional days' notice.

If service of the motion is by mail, an additional three (3) days' notice shall be required.