Breathitt Circuit Court Service and Proof of Service Rules

CRITICAL

A parent or custodian intending to move with the children must give the other parent or custodian written notice at least 60 days before the move, but a domestic violence petitioner's residential address need not be included if an order exists.

Pursuant to FCRPP 7(2), if other parent or custodian intends to move with the children from his or her present residence, he or she shall give written notice to the other parent or custodian at least 60 days prior to such move. Residential addresses of domestic violence petitioners shall not be required in the notice if there is an existing domestic violence order.

CRITICAL

A copy of the Disposition Report must be given to counsel, pro se litigants, and the Guardian ad Litem seven days before the disposition hearing or review.

The Disposition Report pursuant to FCRPP 26 shall be filed in the record and a copy given to the counsel, pro se litigants, and Guardian ad Litem seven (7) days prior to the disposition hearing or review.

CRITICAL

Unless the Court orders otherwise or good cause is shown, each party must submit its Witness List and Exhibit List to all other parties seven days before trial.

Unless otherwise ordered by the Court or except for good cause shown, the parties shall: A. Seven days prior to trial, each party shall submit a tendered Witness List and Exhibit List to all other parties.

CRITICAL

Case progress reports must be delivered to each party as ordered by the Court.

The case progress reports required by KRS 620.240 shall be prepared, filed and delivered to each party in every case in which a child is committed to the Cabinet for Health and Family Services as ordered by the Court.

CRITICAL

Applies to

Final verified disclosure statement

A Final Verified Disclosure Statement must be served on the other party before a contested final hearing.

Prior to a contested final hearing a Final Verified Disclosure Statement AOC-239 shall be filed in the record and served upon the other party.

CRITICAL

Deadline

2 business days

Counsel must receive the dispositional report at least two business days before the disposition hearing.

At least two (2) business days prior to the disposition hearing, counsel shall receive a dispositional report to assist in final disposition.

CRITICAL

Reports for annual permanency reviews must be delivered to counsel, pro se litigants, and the Guardian ad litem seven days before hearing dates.

Annual permanency reviews shall be held pursuant to KRS 610.125 and all reports shall be delivered to counsel, pro se litigants, and the Guardian ad litem seven (7) days in advance of hearing dates.

CRITICAL

A show-cause order cannot be heard unless it has been served on the named person by an officer authorized to serve a summons.

No order shall come on for hearing unless it has been served on the person named in the Order by an Officer authorized to serve a summons.

CRITICAL

Applies to

Order

A copy of the Order must be served on appointed counsel immediately after the appointment.

A copy of the Order shall be served upon any appointed council immediately following appointment.

CRITICAL

Due notice of the deposition's time and place and of the witnesses to be deposed must be given unless the parties agree on those matters.

A. Due notice shall be given of the time and place of the taking of the depositions and of the witnesses to be taken unless said matters are agreed upon by the parties, as in other cases.

CRITICAL

Applies to

Motion to modify child support

A motion to modify child support will not be heard unless the required information has been exchanged at least ten days before the hearing, except by agreement or for good cause shown.

Any motion to modify child support shall comply with FCRPP 9, and except by agreement or for good cause shown, shall not be heard by the Court unless all required information has been exchanged by counsel or parties ten (10) days prior to the hearing.

CRITICAL

Applies to

Order

Immediately after filing, the petitioner must obtain a pretrial date and serve the Order on the parents and GAL with the Petition and Summons.

Immediately upon filing petitioner shall obtain a pretrial date per FCRPP 32 directly from the Court and shall serve a copy of the Order upon the parents and GAL with the Petition and Summons.

CRITICAL

Applies to

Preliminary verified disclosure statement

Each party must serve the other with a Preliminary Verify Disclosure Statement within 45 days after service of the petition, unless good cause is shown or the parties agree otherwise.

Each party, except for good cause shown or by agreed order, shall serve upon the other a Preliminary Verify Disclosure Statement AOC-238 and provide signed releases upon request for relevant information. The exchange of these disclosures shall occur within forty-five (45) days of service of the petition on the Respondent.

CRITICAL

Applies to

Motion to modify maintenance

A motion to modify maintenance will not be heard unless the required information has been exchanged at least ten days before the hearing, except by agreement or for good cause shown.

Any motion to modify maintenance shall comply with FCRPP 5, and except by agreement or for good cause shown, shall not be heard by the Court unless all required information has been exchanged by counsel or parties ten (10) days prior to the hearing.

CRITICAL

A Guardian ad Litem appointed to represent the specified respondents must notify them of the appointment and proceeding and inform them of their right to genetic testing.

C. Guardian ad Litem's appointed to represent and married infants, persons of unsound mind, or adult prisoners shall notify the respondent of his or her appointment as the Guardian ad Litem, and inform the respondent of the nature of the proceeding and of respondents right for genetic testing conducted.

CRITICAL

Applies to

Motion

Copies of motions to be heard must be served on all parties by mail, hand delivery, or electronic transmission pursuant to CR 5.02, subject to the stated exceptions.

Unless a motion may be heard ex parte or a rule allows otherwise all motions to be heard shall be noticed for hearing, e-filed with the Clerk unless not required by law, and copies served by mail, hand delivery, or electronic transmission pursuant to CR 5.02 on all parties. The notice of the hearing shall specify the date, time, and place for the hearing.

CRITICAL

Applies to

Signed release

Each party must provide signed releases for relevant information when requested, subject to the stated good-cause or agreed-order exception.

Each party, except for good cause shown or by agreed order, shall serve upon the other a Preliminary Verify Disclosure Statement AOC-238 and provide signed releases upon request for relevant information.

CRITICAL

Applies to

Notice

The hearing notice must be given to all necessary parties.

Within the time period required by statute, counsel for the Petitioner with notice to all necessary parties, shall obtain a final hearing date directly from the Court and tender an Notice in conformity with the given date to be noticed to all necessary parties.

CRITICAL

The Circuit Clerk must distribute Orders by mail or delivery to the persons on the Distribution list and certify distribution with a check mark, initials, and date.

The Circuit Clerk shall distribute copies of all Orders by mail or delivery to the persons listed under DISTRIBUTION, shall certify mailing or delivery by making a check mark by the person listed, and shall initial and date the same at the bottom of the Distribution list.

CRITICAL

The CDW must certify a copy for the County Attorney, DYS, DJJ, and Court/School Liaison, and the certification also applies to orders entered in status proceedings.

If a Petition is filed with the Court, it shall be accompanied by the applicable form as required by FCRPP 40, and the CDW shall certify a copy to the County Attorney, Division of Youth Services (DYS), Department of Juvenile Justice (DJJ), and the Court/School Liaison. This certification shall apply to any orders entered by the Court in the status proceedings.

CRITICAL

Applies to

Motion

If the defaulting party has appeared, the motion must be docketed and written notice must be served on that party or the party’s representative at least seven days before the noticed docket.

If a party in default has appeared in the action, the motion shall appear on a docket and the party in default, or if the party is appearing by representative, the party's representative, shall be served with written notice of the motion at least seven (7) days prior to the noticed docket.

CRITICALCriminal cases

If both agreements are rejected, the Court must notify the parties and advise the defendant of the options to withdraw the plea and proceed to trial or maintain the plea knowing that the Court will impose a lawful sentence without diversion.

If the plea agreement AND the diversion agreement are rejected, the Court shall notify the parties and advise the defendant he/she has the option of withdrawing the plea and proceeding to trial, OR maintaining the plea with the knowledge the Court will not order diversion but instead will impose a sentence within the penalty range permitted by law.

WARNINGCriminal cases

The Court may void participation in diversion after a hearing with notice to the Commonwealth and defendant if noncompliance or unsatisfactory progress is shown.

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 .

WARNING

The Judge may allow specified hearings to proceed despite nonservice on a non-custodial parent if the petitioner establishes the required diligent service efforts on the record and that parent is not the named perpetrator.

The Judge may permit the Temporary Removal Hearing, the Adjudication Hearing and the Disposition Hearing to go forward when the non-custodial parent has not been served in accordance with FCRPP 17 if it is established on the record that petitioner has made diligent 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, and that parent is not the named perpetrator of the alleged neglect or abuse.

WARNING

Applies to

Application for compulsion order

A party may apply for an order compelling disclosure exchange or execution of a release after reasonable notice to the other parties and affected persons.

A party, upon reasonable notice to other parties and all persons affected thereby may apply for an order compelling the exchange of the Verified Disclosure Statements or the execution of a release, and the Court may assign the cost of obtaining the order, including attorney's fees, to the party or attorney whose conduct necessitated the motion.

INFO

Applies to

Post decree motion to enforce

Current financial documentation need not be exchanged for post-decree motions to enforce maintenance or child support orders.

The exchange of current financial documentation shall not be required for post decree motions to enforce maintenance or child support orders.