Campbell Circuit Court Service and Proof of Service Rules

CRITICAL

An original Request for Admission filed under this provision must include proof stating the precise service date and manner, and may not be filed until any additional CR 6.05 response time has expired.

No original Requests for Admission shall be filed pursuant to this provision unless the original Requests for Admission contain an appropriate proof of service bearing the precise date and manner of service upon the party requested to admit and any additional time provided under the CR 6.05 for responding thereto, has expired.

CRITICAL

Service

Mail

For orders required to be served, the Circuit Clerk is directed to mail copies to the recipients specified in the order.

All orders which are required under the Civil Rules to be served upon opposing parties or counsel, including judgments, final orders and orders affecting the running time for taking an appeal, shail contain directions to the Circuit Clerk for distribution thereof in the following manner: -. Mail copies to: John Jones Attorney for Plaintiff, Jane Doe 208 Main Street Anytown, Kentucky 41000

CRITICAL

Applies to

Summons

When a case is transferred because of a pending dissolution or custody matter, the initiating court must reissue the summons if service has not been made, for up to fourteen days or as the court deems necessary for the petitioner's protection; later reissuance is handled by the transferee court as needed.

Consistent with FCRPP 12, when the Family Court Judge orders 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. Thereafter, reissuance of the summons shall occur as needed in the court of transfer.

CRITICAL

Documentary evidence and expert reports must be served at least 14 days before the hearing unless counsel agree otherwise.

Documentary evidence, written reports of experts, provided that such evidence has been served upon the adverse parties or their counsel at least fourteen (14) days before the hearing, unless counsel otherwise agree;

CRITICAL

The parties responsible for serving a document must retain its original as custodian and provide access to all parties of record while the action is pending.

The parties responsible for service of the document shall retain the original and become the custodian. The custodian shall provide access to all parties of record during the pendency of the action.

CRITICAL

Applies to

Motion

Once a motion is assigned to the Master Commissioner, a copy must be served on the Master Commissioner.

Upon assignment to the Master Commissioner, a copy of the motion shall be served on the Master Commissioner.

CRITICAL

Briefs, pleadings, and memoranda must include proof of service with specified information; in ex parte proceedings, an affidavit by the server may be used, and the hearing place must be designated when a party is self-represented.

E. Proof of Service. All briefs, pleadings or memoranda filed with the Court shall have proof of service by written certification of counsel. In the case of an ex parte proceeding, proof may be by written certification of service or by Affidavit of the person making the service. Proof of service shall state the date and manner of service and shall include the names and addresses of all attorneys and parties not represented by counsel. Additionally, the place of the hearing shall be designated when there are parties acting pro set.

CRITICAL

A copy of the notice of appeal and accompanying affidavit must be served on the opposing parties or their counsel.

A copy of such instruments shall be served upon opposing parties or their counsel.

CRITICAL

Applies to

Rebutting memorandum

Rebutting memorandums must be served within ten days.

Rebutting memorandums must be served within ten (10) days.

CRITICAL

The notice requirements in KRS 395.016 must be complied with.

The Notice requirements set forth in KRS 395.016 must be complied with.

CRITICAL

The Master must file and notice a Motion to Confirm the Report for the assigned division's Motion Docket, with at least ten days between service of notice that the Report was filed and the hearing.

The Master shall file a Motion to Confirm the Report and shall notice same for the Motion Docket of the Division to which the action is assigned, provided ten (10) days have lapsed between service of the notice of the filing of the Report and the hearing or the Motion to Confirm the Report. CR 53.06.

CRITICAL

Applies to

Hearing notice

The hearing date requires 10 days' notice unless the parties certify reasons for giving less notice.

A ten (10) day notice of the hearing date is required unless the parties certify in the notice reasons for a hearing on lesser notice.

CRITICAL

Copies of the award must be mailed or otherwise forwarded to all parties or their counsel on the day the award is filed.

Within fifteen (15) days after the hearing, the Chairperson of the Board of Arbitration shall file its award with the Circuit Clerk and the Bar Association and on the same day shall mail or otherwise forward copies thereof to all parties or their counsel.

CRITICAL

Applies to

Trial briefs and jury instructions

Trial briefs and jury instructions must be served on opposing parties or counsel in accordance with the applicable rules for service of pleadings.

Briefs and jury instructions shall be served upon opposing parties or counsel as provided for in the Civil Rules and/or these rules for service of pleadings.

CRITICAL

Applies to

Notice of hearing

Upon assignment of a hearing date, the requesting attorney must send a Notice of Hearing to the opposing party or counsel.

Upon assignment for hearing in each case, the requesting attorney shall send Notice of Hearing to the opposing party or their counsel.

CRITICAL

A party offering an estimate must forward it and the required repair-status statement and receipted bill to the adverse party with the notice.

In the case of an estimate, the party intending to offer the estimate shall forward with his or her notice to the adverse party together with the copy of the estimate a statement indicating whether or not the property was repaired, and if it was, whether the estimated repairs were made in full or part, attaching a copy of the receipted bill showing the items of repair made and the amount paid.

CRITICAL

A copy of each motion must be served on the Domestic Commissioner by the Friday before the Wednesday hearing.

All motions must be filed in clerk's office, with a copy served on the Domestic Commissioner, no later than the Friday immediately preceding the Wednesday on which the matter is to be heard

CRITICAL

An order of delivery requires seven days’ notice to the person possessing the property and notice to anyone with an interest in it, unless a verified statement gives reasons for non-notice; the notice is heard at the time set for the motion.

All orders of delivery shall be by seven (7) days notice to the party having possession of the personal property unless a verified statement is filed setting forth the reasons for non-notice. Notice shall also be given to any person who has an interest in the personal property. This notice shall be returnable and heard before the District Court at the time provided for the hearing of said motion by the District Court.

CRITICAL

Each party’s counsel must tender the exhibit list to opposing counsel as well as to the Court.

D. List of Exhibits. At the commencement of a civil trial, or at the pre-trial next preceding the commencement of a civil trial, each party's counsel shall tender to the Court and to opposing counsel, a list of all exhibits the party then intends to utilize at trial; the list shall contain the pre-marked number and a short description of the exhibit.

CRITICALCriminal cases

The circuit court clerk must serve notice of the Notice of Termination on the parties, their attorneys, and probation and parole.

The Notice of Termination shall be filed in the official record by the circuit court clerk in the receiving court, who shall serve notice of the Notice of Termination on the parties, their attorneys, and probation and parole.

CRITICAL

Briefs must be served on opposing parties or counsel under the applicable rules for service of pleadings.

Briefs shall be serviced upon the opposing parties or counsel as provided for in the Civil Rules and/or these rules for service of pleadings.

CRITICAL

If a Temporary Removal Hearing is set within 24 hours after entry of an Emergency Custody Order, the clerk must notify all relevant parties and attorneys that the order was entered.

The Court Clerk shall notify all relevant parties and attorneys that an Emergency Custody Order has been entered if the Temporary Removal Hearing is set within twenty-four (24) hours of the Order being entered.

CRITICALCriminal cases

The circuit court clerk must serve notice of the Notice of Termination on the parties, their attorneys, and probation and parole.

The Notice of Termination and Affidavit of Violations shall be filed in the official record by the circuit court clerk in the receiving court, who shall serve notice of the Notice of Termination on the parties, their attorneys, and probation and parole.

CRITICAL

In the specified child-support proceedings, each party’s counsel must exchange relevant income, children’s health-care-expense, and work-related child-care-expense information and documentation without a formal request and as soon as practical.

In Child Support Motions, pendente lite, modification of an existing child support obligation, or in a final hearing in which child support is at issue, counsel for each party shall, without formal request and as soon as practical, exchange all relevant and necessary information and documentation pertaining to his or her client's income, health care expenses covering the children, and work-related child care expenses.

CRITICAL

Copies of exceptions must be served on each arbitrator.

Copies of such exceptions shall be served upon each arbitrator

CRITICALCriminal cases

The circuit court clerk must serve notice of the Notice of Termination on the parties, their attorneys, and probation and parole.

The Notice of Termination shall be filed in the official record by the circuit court clerk in the receiving court, who shall serve notice

WARNING

Publication in the Motion Docket Bulletin does not constitute service required by CR 5.01 et seq.

Publication in the Motion Docket Bulletin shall not be deemed service as is required by CR 5.01 et seq.

WARNING

The Clerk must comply with the notice provisions of CR 53.06(1).

The Clerk shall comply with the Notice Provisions of CR 53.06(1).

WARNING

When time is of the essence, faxed or electronic copies of Emergency Custody Orders or petitions are sufficient notice to the listed recipients.

In situations where time is of the essence, faxed or electronic copies of Emergency Custody Orders and/or Petitions shall constitute sufficient notice when being sent to guardians ad litem, the CHFS, counsel for parents, county attorneys, the Director of Pupil Personnel, any and all school and/or educational facilities, and/or the complaining witnesses).

INFO

If full disclosure is objected to pending final hearing, the disclosure statement may be sent directly to the party or counsel without filing it with the court.

In the event a full disclosure is objected to, pending final hearing, the disclosure statement may be sent directly to the party, or their counsel, without filing with the court.