Butler Circuit Court Service and Proof of Service Rules

CRITICAL

Deadline

3 business days

Applies to

Motion

Motions must be served by close of business on the third business day before motion day; Saturday and Sunday do not count.

(3) To facilitate the preparation of motion day dockets, all motions shall be filed, served and received in the Clerk's Office by the close of business on the third business day prior to motion day. The Circuit Clerk of each county is hereby ordered to omit from the docket all motions that are not filed in accordance with this rule. (Saturday and Sunday are not considered business days for purposes of this rule.)

CRITICAL

The Commonwealth must provide all available discovery to defense counsel by the discovery pretrial conference, ordinarily scheduled about two months after arraignment.

The Court will set a date for a discovery pretrial confrence at arraignment which will ordinarily be two (2) months after the arraignment. The Commonwealth will provide the Defendant's counsel with all available discovery on or before the discovery pretrial conference.

CRITICAL

Defense counsel must provide reciprocal discovery to the Commonwealth as soon as practicable after receiving discovery.

Defense counsel shall provide reciprocal discovery to the Commonwealth as soon as practicable after receipt of the discovery.

CRITICAL

A party filing written objections must notify all parties to appear at the next regularly scheduled motion day.

If written objections are filed, the party(ies) filing said objection(s) shall send notice to all parties to appear before the Court at the next regularly scheduled motion day.

CRITICAL

Applies to

Proposed order

An order without a “Have Seen” must include a certificate showing that all attorneys of record were served with a copy.

(2) In instances covered by Paragraph (1) above, the order may contain a "Have Seen and the signatures of other attorneys of record and, if the order meets with the Court's approval, shall be signed without delay. Orders not containing a "Have Seen" shall contain a certificate of service showing that all attorneys of record have been served with a copy and such orders will be held by the Court for three (3) days after receipt thercof to allow opposing counsel to make their objections to the order before signing and entry.

CRITICAL

Applies to

30-year opinion of title

The moving party must serve a qualifying 30-year title opinion on the Master Commissioner before sale scheduling, or may have the Commissioner hire a qualified attorney to provide one.

(Z) A 30-year opinion of title on the property to be sold, signed by a lawyer licensed to practice in Kentucky, shall be served on the Master Commissioner by the party that moved for sale prior to the Commissioner's having to schedule sale. Alternatively, the moving party may have the Commissioner hire an attorney who is familiar with title examination in the County to provide an opinion of title.

CRITICAL

Service

Personal service to all parties

The moving party must serve the motion and proposed order on all other attorneys of record or unrepresented parties within a reasonable time, generally by in-hand service within three days.

(4) The moving party shall file with the motion a proposed order to be entered and serve the order, together with the motion, on all other attorneys of record, or the partics if unrepresented, within a reasonable time, but generally, in hand servicc, within three (3) days.

CRITICAL

Applies to

Summons

Any active EPO or TIPO shall continue, and the summons shall be re-issued by the initiating court for a period not to exceed 14 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.

Any active EPO or TIPO shall continue, and the summons shall be re-issued by the initiating court for a period not to exceed 14 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

Judgments and orders

The Clerk must distribute signed judgments and orders to the listed recipients by mail or delivery and certify each distribution on the distribution list.

The Circuit Clerk of each Court shall distribute copies of all judgments and orders signed by the Judge by mail or delivery to the persons listed under distribution or similar language and 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

Applies to

Motion

The movant must serve the motion on each party other than parties in default by the filing date, and must also serve the client by that date when seeking to withdraw as counsel.

(2) The movant shall serve a copy of the motion upon each party, except those in default for failure to appear, on or before the date of filing of the motion. If the motion includes a request for an attorney to withdraw as counsel of record for a client, the attorney shall also serve a copy of the motion upon the client on or before the date of filing of the motion.

CRITICAL

Deadline

5 business days

Applies to

Motion

Except for good cause shown, motions must be served on each party other than parties in default for failure to appear at least five business days before the hearing.

Except for good cause shown, a motion shall be filed with the circuit clerk and served upon each party, except those in default for failure to appear, no less than five business days prior to the date the motion is scheduled to be heard.

CRITICAL

Applies to

Motion and notice

The client must be served with a copy of the withdrawal motion and hearing notice.

A copy of the motion and notice shall be served upon the client.

CRITICAL

Applies to

Motions for judicial sales and judgments and orders of sale tendered therewith

Serve copies of motions for judicial sales and accompanying judgments and orders of sale on the Master Commissioner as required by CR 5.

Copies of motions for judicial sales and judgments and orders of sale tendered therewith shall be served on the Court's Master Commissioner, as upon other parties not in default pursuant to CR 5.

CRITICAL

Parties must exchange intended exhibits and witness lists no later than 14 days before the final hearing, subject to court order or affirmative waiver; witnesses must be identified with specified details, and unidentified items may be excluded.

No later than 14 days before the final hearing of a contested adoption or petition for involuntary termination of parental rights, unless otherwise ordered or affirmatively waived, the parties shall exchange a list of exhibits and witnesses that each intends to use or have testify at the hearing. Witnesses shall be identified by name, address, and summary of anticipated testimony. Exhibits or witnesses not identified pursuant to this rule may be excluded. This rule is not intended to limit the admissibility of rebuttal evidence. These deadlines do not alter discovery deadlines set by the civil rules.

CRITICAL

Applies to

Motion

The required notice for a CR 78(2) motion states that the motion has been served on all parties, including the client.

This motion has been served upon all parties, including the client.

CRITICAL

Applies to

Order approving warning order fee

To pay a warning order fee from sale proceeds, the plaintiff's attorney or warning order attorney must serve the order approving the fee on the Commissioner before the motion for distribution.

For payment of a waring order fee from proceeds of sale, the plaintiff's attorney or the warning order attorney must serve a copy of the order approving the fee on the Commissioner before motion for distribution.

WARNING

Applies to

Summons

If the adverse party has not been served by the transfer date, the initiating court must reissue the summons for up to 14 days, or for another period the court determines necessary to protect the petitioner.

Any active EPO or TIPO shall continue, and the summons shall be re-issued by the initiating court for a period not to exceed 14 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.

WARNING

The Clerk must serve notice of the intended dismissal on counsel of record for parties who appeared, or on the parties if a mailing address is known.

It shall be the duty of the Clerk to serve notice to counsel of record for all parties who have appeared, or to the parties if a mailing address is known, notifying each party of such intention.

WARNING

The Clerk must give notice of an entered dismissal order to attorneys of record who appeared or to unrepresented parties.

Notic of the entry of an order of dismissal shall be given by the Clerk to the attomeys of record, who have appeared in the case or to the partics, if unrepresented.