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

CRITICAL

When a case is transferred to another circuit and the adverse party has not been served by the transfer date, the initiating court must reissue the summons and the emergency protective order continues for up to fourteen days or as the court determines necessary for the petitioner's protection; the transfer court reissues the summons as needed thereafter.

Consistent with FCRPP 12, when the local domestic violence protocol requires that a 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 clerk must include a copy of the motion for service with the summons and petition.

The clerk shall include a copy of the Motion for service with the Summons and Petition.

CRITICAL

Previously ordered time-sharing or visitation remains in effect unless modified through appropriate notice, motion, and hearing.

All time-sharing/visitation previously ordered by this or any other Court shall remain in force and effect and shall remain unchanged unless subsequently modified upon appropriate notice, motion and hearing.

CRITICAL

Service

Mail

The certificate of service records that a true and correct copy was delivered by first-class, postage-prepaid mail to the listed attorney.

• I hereby certify that a true and correct copy of the foregoing was this day of , delivered by first class mail, postage prepaid, to: Attomey Address Telephone number with area code

CRITICAL

The Clerk of the Court must promptly serve notice that the report of sale was filed on all parties entitled to notice of entry of a final judgment.

who shall forthwith serve notice of the filing upon all parties who would be entitled to notice of entry of a final judgment.

CRITICAL

Deadline

5 working days

Applies to

Motion notice

Except for emergency ex parte motions, the adverse party must be served notice of a motion at least five working days before the hearing.

No motion, other than emergency ex parte motions, shall be heard by the court unless the adverse party has been served with notice of the bringing of the motion at least five (5) working days prior to th:: date set for the hearing.

CRITICAL

Applies to

Substitution or withdrawal motion

Substitution or withdrawal of counsel may be made by leave of Court upon a proper motion with notice to all parties.

(B) Leave of Court upon proper motion with notice to all parties.

CRITICAL

After a party has appeared before the court, service must follow the Rules of Civil Procedure.

After a party is before the Court, service shall be had as provided in the Rules of Civil Procedure.

CRITICAL

Deadline

5 working days

At least five working days before mediation, the parties must exchange and provide the mediator with the specified financial disclosures, issue and case-problem statement, supporting asset and debt documents, and any materials requested by the mediator.

The parties shall exchange and provide to the mediator, in no less than five (5) working days prior to the mediation conference, the following: 1. Supplement to financial disclosure statement regarding any material change: 2. A short statement including definition of the issue to be addressed by the mediator and a brief narrative statement of any special problems affecting the case (e.g. closely held corporation, medical problems of any family member, etc.) a. Copies of all documents supporting valuation of assets; b. Copies of all documents verifying monthly payments and outstanding balances on all debts; and c. All information and copies of all documents requested by the mediator prior to the mediation conference.

CRITICAL

Applies to

Summons

When a case is transferred due to a pending dissolution or custody matter, the initiating court must reissue an unserved summons for up to fourteen days or for the period the court determines necessary to protect the petitioner.

Consistent with FCRPP 12, when the local domestic violence protocol requires 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.

CRITICAL

Applies to

Motion

The respondent must give the petitioner notice of the motion without the clerk's assistance.

However, the respondent must provide notice of the motion upon the petitioner without the assistance of the clerk.

CRITICAL

A successful diversion completion motion must include notice to the Commonwealth before the plea may be vacated and expunged.

If the defendant successtilly completes the provisions of the pretrial diversion agreement, then upon motion, with notice to the Commonwealth, and upon payment of any appropriate fee or charge, except for good cause shown, his plea of guilty shall be vacated and expunged from the record, and shall not inculpale the Defendant for any purpose to the extent permitted by law.

CRITICALCriminal cases

Before rescinding participation in the Diversion Program, the Court must hold a hearing and provide notice to the Commonwealth and the Defendant.

A. After a hearing, with notice to the Commonwealth and to the Defendant, the Court may rescind a person's participation in the Diversion Program upon a showing of failure to comply with the conditions of the Diversion Program or failure to make satistactory progress.

CRITICAL

The motion requesting an order for confidential video records must be accompanied by 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 purpose of the request.

CRITICALCriminal cases

After an evidentiary hearing, with notice 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.

After an evidentiary hearing, with notice 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

Serve the Master Commissioner with a copy of the tendered judgment and order of sale when the motion is filed.

A certificate that a copy of the tendered judgment and order of sale was served on the Master Commissioner at the time the motion is filed.

CRITICAL

Applies to

Witness list

In permanent-custody actions, each party must provide the other party a list of expected witnesses, with their names and addresses, at least 30 days before the hearing.

6.04 In any action wherein the permanent custody of children is in issue, each party shall (not less than thirty (30) ‹days prior to the day sct for hearing) provide the other party with a list of the names and a dresses of each and every person; other than a party or a child of the parties, expected to be called as a witness.

CRITICAL

Applies to

Matter modifying existing order or condition

A domestic-relations proceeding may be restored to the docket without notice, but a matter modifying an existing order or condition cannot be heard without appropriate service on and notice to all parties.

Restoration of Domestic Relations Proceedings to the Court Docket subsequent to the matter having been stricken therefrom may be made without notice, but no matters modifying existing orders or conditions therein shall be heard without appropriate service on and notice to all parties.

CRITICAL

A matter to modify an existing order or condition cannot be heard without appropriate service on and notice to all parties.

but no matters modifying existing orders or conditions therein shall be heard without appropriate service on and notice to all parties.

CRITICALCriminal cases

After successful completion, a motion with notice to the Commonwealth is required for the guilty plea to be vacated and expunged.

If the defendant successfully completes the provisions of the pretrial diversion agreement, then upon motion. with notice to the Commonwealth, and upon payment of any appropriate fee or charge, except for good cause shown, his plea of guilty shall be vacated and expunged from the record, and shall not inculpate the Defendant for any purpose to the extent permitted by law.

CRITICAL

The court may void a defendant’s diversion participation after an evidentiary hearing and notice to the defendant if the defendant failed to comply or make satisfactory progress.

After an evidentiary hearing, with notice to the defendant, the Court may voi: 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 movant’s affidavit(s) supporting a motion must be served on the adverse party with the motion.

Each motion shall be verified or supported by affidavit(s) of the Movant, which shall be served upon the adverse party with the motion.

CRITICAL

Applies to

Motion

If the adverse party is not personally before the court, the motion must be served in the manner required for service of a summons.

If an adverse party is not personally before the Court, the motion shall be served upon the adverse party in the same manner as required for service of a summons.

CRITICAL

The Commonwealth must provide all discovery to the Defendant within 30 days after arraignment and thereafter as permitted by criminal rule.

The Commonwealth will provide all discovery to the Defendant within thirty (30) days of arraignment and thereafter as permitted by criminal rule.

CRITICAL

A motion must be served on an adverse party using summons service when that party is not personally before the Court, and otherwise under the Rules of Civil Procedure.

If an adverse party is no: personally before the Court, the motion shall be served upon the adverse party in the same manner as required for service of a summons. After a party is before the Court, service shall be had as provided in the Rules of Civil Procedure.

CRITICAL

Applies to

Affidavit

The movant's affidavit(s) supporting a motion must be served on the adverse party with the motion.

Each motion shall be verified or supported by affidavit(s) of the Movant, which shall be served upon the adverse party with the motion.

CRITICAL

The parties must exchange witness and exhibit lists at least 90 days before trial.

7.07 In all civil matters within no less than ninety (90) days preceding the trial date, the parties shall exchange a complete list of witnesses and exhibits. The offering party shall include a brief summary of the facts to which the witness will testify and/or a summary of the fact which the exhibit is intended to support.

WARNING

Applies to

Post judgment notices and motions

For receipt of post-judgment notices and motions, counsel of record is presumed to cease representing a party 30 days after entry of a final, appealable order or decree if no appeal is taken.

For purposes of responsibility for the receipt of notices and motions in post judgmerit practice, it shall be presumed that the representation of any party by counsel of record ceases upon the expiration of thirty (30) days after the entry of a final, appealable order or decree with no appeal having been taken.

WARNING

For receipt of notices and motions in post-judgment practice, counsel of record is presumed to stop representing a party 30 days after a final, appealable order or decree if no appeal is taken.

For purposes of responsibility for the receipt of notices and motions in post judgment practice, it shall be presumed that the representation of any party by counsel of record ceases upon the expiration of thirty (30) days after the entry of a final, appealable order or decree with no appeal having been taken.

WARNING

Applies to

Written objections

days after being served with notice of the filing of the report, any party may serve written objections thereto upon the other parties.

days after being served with notice of the filing of the report, any party may serve written objections thereto upon the other parties.

INFO

A proceeding may be restored to the Court Docket after being stricken without notice.

Restoration of Domestic Relations Proceedings to the Court Docket subsequent to the matter having been stricken therefrom may be made without notice

INFO

Any party may serve written objections to the report on the other parties.

any party may serve written objections thereto upon the other parties.