Caldwell Circuit Court Service and Proof of Service Rules

CRITICAL

A motion response must be properly served on opposing counsel or an unrepresented party entitled to notice.

The response to any motion shall be in similar form and shall be filed with the Clerk at least two (2) days prior to the scheduled hearing date and properly served upon opposing counsel, or party not represented by counsel and entitled to notice.

CRITICAL

Service

Mail

The Motion to Submit form includes a certificate stating that a true copy was served by regular mail, postage prepaid, to the listed recipient.

CERTIFICATE OF SERVICE: I certify that a true copy of the foregoing has been served by regular mail, postage prepaid, to the following: Name______________________ Address________________________________ City/State/Zip___________________________

CRITICAL

Applies to

Confirmation of sale filings

When a nonparty purchases the property, subsequent motions and reports concerning confirmation of the sale, including objections to the Commissioner's Report, must be served on the purchaser under CR 5.02.

When property is purchased by a person not a party to the action, all subsequent motions and reports concerning confirmation of the sale (including any objections to the Commissioners Report) shall be served on the purchaser in accordance with CR 5.02.

CRITICAL

A written continuance motion must be served on opposing counsel.

Should this prove unsuccessful, an attorney or self-represented party desiring the continuance shall immediately file a motion for a continuance in writing, stating the reasons for the continuance, and shall serve a copy upon the opposing counsel.

CRITICAL

Applies to

Post judgment relief motion

Motions for post-judgment relief, including in family cases, must be served on the opposing party in addition to any other required service.

Motions for post-judgment relief, including family cases, shall be served upon the opposing party, in addition to any other required service.

CRITICAL

Applies to

Motion

The Respondent must give the Petitioner notice of the motion without assistance from the clerk.

However, the Respondent must provide notice of the motion upon the Petitioner without assistance of the clerk.

CRITICAL

Applies to

Motion

Motions concerning a matter referred to the Master Commissioner must be served on the Master Commissioner as if the Commissioner were an appearing party.

All motions concerning any matter referred to the Master Commissioner shall be served on the Master Commissioner as if he/she were a party who had appeared in the action.

CRITICAL

A contempt rule may not be heard sooner than seven days after it is issued and served, and it cannot be heard unless served under CR 5.02 on the alleged contemnor and, if still represented, on both counsel and the party; the Court may order otherwise.

The rule shall not come on for a hearing sooner than seven (7) days from the date the rule is issued and served, unless otherwise ordered; no rule shall come on for a hearing at all unless it has been served on the person alleged to be in contempt, in the manner provided for service of pleadings and other documents under CR 5.02, unless otherwise ordered. Where the opposing party is still represented by counsel, service will be made on counsel and on the party.

CRITICAL

Each motion must be served on opposing counsel and any unrepresented party entitled to notice using the service methods in CR 5.02, including CR 5.02(2) when e-filing.

Each motion shall be served on opposing counsel and party not represented by counsel and entitled to notice. “Service” shall be by the methods defined in CR 5.02. In the event of e- filing, counsel shall comply with the methods defined in CR 5.02(2).

CRITICAL

Applies to

Discovery material

Discovery material must be filed and/or served in compliance with CR 5.06.

Discovery material will be filed and/or served in compliance with CR 5.06.

CRITICAL

Applies to

Motion to submit

For a default Motion to Submit, a copy must be served on the Respondent at the Respondent’s last known address, and the Respondent must not be on active military duty.

(c) a copy of this Motion to Submit has been served on the Respondent at his/her last known address and the Respondent is not on active military duty.

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.

CRITICALCriminal cases

Applies to

Pre trial diversion application

Every pre-trial diversion application must be noticed for hearing and served upon the Commonwealth Attorney.

Every application for pre-trial diversion shall notice the application for hearing with service upon the Commonwealth Attorney

CRITICAL

Applies to

Motion to withdraw

A motion to withdraw as attorney must be served on the client in addition to any other required service.

A motion to withdraw as attorney shall be served on the client, in addition to any other required service.

WARNING

Applies to

Discovery requests

A requesting party should attempt to provide an electronic copy of discovery requests to facilitate the responses.

In propounding discovery requests, the requesting party will attempt to furnish the responding party with an electronic copy to facilitate answers without substantial retyping by any responding party to comply with LR 205(3)(b) below.

INFO

As an alternative contempt-motion procedure, a simple motion and notice may be directed to opposing counsel and the opposing party for a definite date.

An alternate method on a contempt motion would be by simple motion and notice to opposing counsel and opposing party noticed for a day certain.