Carter Circuit Court Service and Proof of Service Rules

CRITICAL

After the hearing, the petitioner must continue diligently trying to locate and notify everyone who was not served.

The petitioner shall make continuing diligent efforts after the hearing to locate and notify all persons who were not served.

CRITICAL

Copies of motions under 37FRP 201(B) must be mailed, hand delivered, or sent electronically by 4:00 p.m. on Wednesday.

copies mailed, hand delivered or sent by electronic transmission by 4:00 p.m. on Wednesday.

CRITICAL

The judge may allow the hearing to proceed despite nonservice on the non-custodial parent only if the petitioner’s diligent efforts to serve the other parties, including efforts to locate an absent parent, are established on the record.

The Judge may permit the Temporary Removal Hearing or the adjudicatory to go forward when the non-custodial parent has not been served in accordance with FCRPP 18(1) if it is established on the record that petitioner has made diligent efforts to serve all other parties including initiating contact with the Child Support Division of the County Attorney's Office in an attempt to locate any absent parent.

CRITICAL

If a case is reassigned or transferred, the issuing judge must re-issue summons until the receiving judge can hear the matter.

If reassignment or transfer occurs, the issuing judge shall re-issue a summons until the matter may be heard by the receiving judge.

CRITICAL

Applies to

Status quo motion

Service

Court service to opposing party

The clerk serves the Respondent with a copy of the Status Quo Order motion together with the Summons and Petition.

the clerk will no response is filed within 10 days of service of the Summons, Petition and serve a copy of the Motion with the Summons and Petition on the Respondent.

CRITICAL

Applies to

Notice of withdrawal

All parties must be served with notice of an attorney’s request to withdraw.

All parties shall be served with notice of an attorney's request to withdraw.

CRITICAL

Copies of motions under 37FRP 201(A) must be mailed, hand delivered, or sent electronically by 4:00 p.m. on Thursday.

with copies mailed, hand delivered or sent by electronic transmission by 4:00 p.m. on Thursday.

WARNING

Service

Court service

The Clerk must hand or mail copies of the trial order to attorneys of record at least five days before trial, unless the attorneys waive the timing with the Court’s consent.

Copies of the order shall be handed to or mailed to all attorneys of record, by the Clerk of this Court, at least five (5) days before the date of trial unless the time is waived by the attorneys with consent of the Court.