Calloway Circuit Court Service and Proof of Service Rules

CRITICAL

Service

Personal service

In domestic relations cases reopened more than six months after the final decree to modify it, personal service must comply with the Kentucky Rules of Civil Procedure, and service on a former attorney of record is insufficient.

Personal service shall be made pursuant to the Kentucky Rules of Civil Procedure in domestic relations cases reopened after six (6) months from the entry of the final decree for the purpose of moditying a decree. On such cases, service on any prior attorney of record does not constitute service under the Kentucky Rules of Civil Procedure.

CRITICALCivil cases

Applies to

Motion for continuance

When seeking a continuance, the party must serve a copy of the written motion on the opposing party.

If parties cannot agree to continuing the motion/hearing, or are otherwise unable to find a new date, the party seeking continuance shall immediately file a written motion for continuance with the Clerk stating the reasons for the continuance, serve a copy on the opposing party, and send a copy directly to the attention of the Family Court.

CRITICALCivil cases

In all dependency, neglect, and abuse cases, the Guardian Ad Litem must notify the juvenile's current foster family or custodian, if other than the Cabinet for Families and Children, of every Family Court hearing.

In order to comply with Adoption and Safe Families Act (ASFA) of 1997, the Guardian Ad Litem in all dependency, neglect and abuse cases shall notify the juvenile's current foster family or custodian, if other than the Cabinet for Families and Children, of all hearings coming before Family Court.

CRITICALCivil cases

The written motion requesting release of a confidential video must be noticed to all parties, including any Guardian Ad Litem for the child or children.

An individual requesting a judicial order must file a written motion, with notice to all parties, including the child(ren)'s Guardian Ad Litem, if any, and set forth the purpose for the request.

CRITICAL

In dependency, neglect, and abuse cases, the Guardian Ad Litem must notify the juvenile's current foster family or other custodian of all Family Court hearings.

In order to comply with Adoption and Safe Families Act (ASFA) of 1997, the Guardian Ad Litem in all dependency, neglect and abuse cases shall notify the juvenile's current foster family or custodian if other than the Cabinet for Families and Children, of all hearings coming before Family Court.

CRITICAL

Service

Court service

The Clerk must give notice of entry of an order or judgment in accordance with CR 77.04.

Notice of entry of the Order or Judgment shall be mäde by the Clerk in accordance with CR 77.04.

CRITICAL

Service

Mail to all parties

The Clerk must mail the pretrial conference order to counsel of record and unrepresented parties at least 10 days before the conference, unless the parties agree otherwise.

Dates for pretrial conferences shall be fixed by Court order, copies of which shall be mailed by the Clerk to all counsel of record, and to parties not represented by counsel, at least ten (10) days in advance of the dates of the conference unless the parties agree otherwise.

CRITICALCivil cases

Applies to

Motion

Service

Personal service

In a Family Court case where a motion is filed six months or more after the decree or final or last order, personal service under the Kentucky Rules of Civil Procedure is required, and service on prior counsel does not suffice.

Personal service shall be made pursuant to the Kentucky Rules of Civil Procedure in Family Court cases wherein a motion is filed six months or more from the entry of the decree or final order/last order entered in the case. On such cases, service on any prior attorney of record does not constitute service under the Kentucky Rules of Civil Procedure.

CRITICALCriminal cases

Applies to

Pretrial diversion petition

An eligible person's petition for a pretrial diversion order must be accompanied by notice to the Commonwealth's Attorney.

An eligible person may petition the circuit court, with notice to the Commonwealth's Attorney, for the entry of a pretrial diversion order not less than seven (7) days before sentencing .

CRITICAL

Any response must be served at least three days before the hearing, subject to waiver or modification by the Court for good cause or in the interests of justice.

The following shall apply to all motion in civil or criminal matters, except those which are permitted by the Civil Rules or Statute to be heard ex parte. Responses, if any, shall be filed and served at least three (3) days prior to the time fixed for the hearing. These time limits may be waived or modified by the Court upor a showing of good cause or in the interests of justice.

CRITICAL

Copies of the motion to confirm sale and confirmation order must be served on the purchaser and all parties who are not in default.

Copies of the motion to confirm sale and the order of confirmation shall be served on the purchaser in addition to all parties not in default.

CRITICALCriminal cases

Applies to

Pretrial diversion petition

The Commonwealth's Attorney may petition the circuit court, with notice to the Commonwealth's Attorney, for the entry of a pretrial diversion order not less than seven (7) days before sentencing .

The Commonwealth's Attorney may petition the circuit court, with notice to the Commonwealth's Attorney, for the entry of a pretrial diversion order not less than seven (7) days before sentencing .

CRITICALCivil cases

Photocopies of motions and notices must be delivered to opposing parties or counsel on the filing date by mail, hand delivery, fax, or another court-approved method.

Photocopies of motions and/or notices shall be mailed, hand-delivered, faxed, or delivered in a manner otherwise approved by the Courts, to opposing parties or counsel on the same date the motion or notice is filed.

CRITICAL

Applies to

Summons

If a domestic violence case transfers before entry of a protective order, the emergency protective order continues and the initiating court reissues the summons for up to fourteen days if service has not been made by transfer, or for another period the court determines necessary; afterward, the transfer court reissues the summons as needed.

In the event a domestic violence case is transferred to another circuit prior to a domestic violence protective order being entered, the 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 (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. Thereafter, reissuance of the summons shall occur as needed in the court of transfer.

CRITICALCivil cases

Applies to

Response

Any response to a motion must be served at least two days before the motion-hour date.

Responses to motions, if any, shall be filed and served at least two (2) days prior to the motion hour date.

CRITICALCivil cases

Applies to

Notice of withdrawal

An attorney seeking to withdraw must serve a copy of the withdrawal request notice on all parties.

Any attorney wishing to withdraw shall file a notice of such request and serve a copy on all parties.

CRITICALCriminal cases

The Commonwealth's Attorney may petition the circuit court, with notice to the Commonwealth's Attorney, for the entry of a pretrial diversion order not less than seven (7) days before sentencing .

The Commonwealth's Attorney may petition the circuit court, with notice to the Commonwealth's Attorney, for the entry of a pretrial diversion order not less than seven (7) days before sentencing .

CRITICAL

Motions other than those permitted to be heard ex parte must be served at least eight days before the hearing, subject to waiver or modification by the Court for good cause or in the interests of justice.

The following shall apply to all motion in civil or criminal matters, except those which are permitted by the Civil Rules or Statute to be heard ex parte. Motions shall be filed with the Clerk and served at least eight (8) days prior to the time fixed for the hearing. These time limits may be waived or modified by the Court upor a showing of good cause or in the interests of justice.

CRITICAL

The motion requesting an order for confidential video records must be accompanied by notice to all parties, including any Guardian Ad Litem for the child.

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 for the request.

CRITICAL

Deadline

2 working days

Pre-sentence investigation reports must be provided to defense counsel at least two working days before sentencing.

Pre-Sentence Investigation Reports shall be provided to defense counsel no later than two working days prior to sentencing of a defendant in any case.

CRITICALCriminal cases

An eligible person may petition the circuit court, with notice to the Commonwealth's Attorney, for the entry of a pretrial diversion order not less than seven (7) days before sentencing .

An eligible person may petition the circuit court, with notice to the Commonwealth's Attorney, for the entry of a pretrial diversion order not less than seven (7) days before sentencing .

CRITICAL

Applies to

Report of sale

A copy of the Report of Sale must be served on the purchaser and all parties who are not in default.

A copy of the Report of sale shall be served on the purchaser in addition to all parties not in default.

WARNING

Applies to

Videotape deposition notice

A videotape deposition may be taken after proper notice is given, without leave of court.

Videotape depositions may be taken upon proper notice being given without requiring leave of court.