Christian Circuit Court Service and Proof of Service Rules

CRITICAL

Such leave can only be obtained by a motion served on the client and other parties and properly noticed for hearing under either Local Rule 4 or Local Rule 5.

Such leave can only be obtained by a motion served on the client and other parties and properly noticed for hearing under either Local Rule 4 or Local Rule 5.

CRITICAL

The Hopkinsville-Christian County Emergency Communications Center is responsible for service and entering information into LINK.

The HOPKINSVILLE-CHRISTIAN COUNTY EMERGENCY COMMUNICATIONS CENTER is responsible for service and entering into LINK.

CRITICAL

Applies to

Assignment

A copy of each assignment must be sent to the Master Commissioner, with service shown in a certificate in accordance with CR 5.03.

All such assignments shall contain a certificate of service, in accordance with CR 5.03, showing that a copy has been sent to the Master Commissioner.

CRITICAL

Emergency Dependency, Neglect and Abuse motions require appropriate notice as required by statute or the FCRPP.

C. Emergency Dependency, Neglect and Abuse motions may be made on any day of the week, with appropriate notice as required by statute or the FCRPP upon receiving a specific time from the Christian Family Court staff.

CRITICAL

The referenced item must be served on the Master Commissioner pursuant to CR 5.02; the preceding text identifying the item is unclear in this excerpt.

Commissioner shall be served on the Master Commissioner pursuant to CR 5.02.

CRITICAL

Applies to

DVO/IPO

When a DVO or IPO is entered against a military member stationed at Fort Campbell, the Deputy Circuit Clerk must deliver a copy to Family Court Staff, who must fax a copy to the Provost Marshall's Office.

If the Deputy Circuit Clerk's Office discovers that a Domestic Violence Order (DVO) or Interpersonal Protective Order (IPO) was entered against a member of the military stationed at Fort Campbell, Kentucky, then the Deputy Circuit Clerk shall deliver a copy of the DVO/IPO to the Family Court Staff who shall fax a copy of the DVO/IPO to the Provost Marshall's Office at Fort Campbell.

CRITICAL

Service

Mail

A copy of the notice of submission must be mailed to the Administrative Office of the Courts.

It shall be the responsibility of the attorneys of record, or any party not represented by counsel, to file a notice of submission on the AOC 280 Form with the Clerk and with the Circuit Court Judge, with a copy mailed to the Administrative Office of the Courts, at such time that the case, or an issue therein, has been completely briefed and all necessary evidence submitted, or the time for filing briefs and submitting evidence has elapsed and the matter stands ready for a decision by the Court.

CRITICAL

Applies to

Notice of attorney withdrawal

All parties must be served with notice when an attorney requests to withdraw.

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

CRITICAL

When a case is transferred because of a pending dissolution or custody matter, the emergency protective order continues and the initiating court must reissue the summons for up to 14 days if service has not been made by transfer, or as the court determines necessary for the petitioner's protection; the transfer court reissues it as needed thereafter.

However, if the Christian Circuit Court, Family Court Division, determines that in the interest of justice or judicial economy that the case should be heard by the Court with competent jurisdiction over the dissolution or child custody proceeding, then consistent with FCRPP 12, when a case is 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

A Guardian ad Litem must notify the respondent of the appointment and proceeding, and in paternity actions explain the respondent’s right to genetic testing.

F. Guardians ad Litem appointed to represent unmarried infants, persons of unsound mind, or adult prisoners shall notify the respondent of his/her appointment as a Guardian ad Litem, inform the respondent of the nature of the proceeding and, in paternity actions, of the respondent's right to have genetic testing conducted.

CRITICAL

Applies to

Post judgment motion

A post-judgment motion in Christian Family Court must be served on both the opposing party and any attorney of record.

Motions for post judgment relief in the Christian Family Court shall be served on the opposing party as well as any attorney of record.

CRITICAL

The written motion requesting an order must be noticed to all parties, including the child's Guardian ad Litem, if any.

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 and who will have access to the interview.

CRITICAL

Motions seeking referral to the Master Commissioner, including Motions or Orders for Sale, must be served on the Master Commissioner.

All motions seeking an order of referral to the Master Commissioner (including Motions or Orders for Sale) shall be served on the Master Commissioner.

CRITICAL

Applies to

DVO/IPO

For the stated Fort Campbell circumstance, the Deputy Circuit Clerk must deliver a DVO/IPO copy to Family Court Staff, who must fax a copy to the Provost Marshall's Office.

at Fort Campbell, Kentucky, then the Deputy Circuit Clerk shall deliver a copy of the DVO/IPO to the Family Court Staff who shall fax a copy of the DVO/IPO to the Provost Marshall's Office at Fort Campbell.

CRITICAL

Applies to

Proposed order

The drafting attorney shall circulate the proposed order to opposing attorneys for a “Have Seen” acknowledgment, which confirms that it reflects the Court’s ruling rather than conceding that it is proper.

Once prepared according to the directions of the Presiding Judge, the drafting attorney shall circulate the proposed order to all opposing attorneys for acknowledgment of "Have Seen." By acknowledging the proposed order, the responding attorney is not conceding that the order is necessarily proper, but only that the order as prepared reflects the ruling of the Court.

CRITICAL

After the hearing, the petitioner must continue diligent efforts 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.

CRITICALCriminal cases

A person petitioning for pre-trial diversion must give notice to the Commonwealth's Attorney; the method of notice is not specified.

An eligible person may petition the circuit court with notice to the Commonwealth's Attorney, for the entry of a pre-trial diversion within sixty (60) days from arraignment .

CRITICAL

A copy of every sale notice must be served on each appearing party and all taxing authorities.

A copy of all sale notices will be served on each party who has appeared in the case as well as all taxing authorities.

CRITICAL

Motions concerning matters referred to the Master Commissioner must be served on the Master Commissioner as though he were an appearing party.

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

CRITICAL

If a nonparty purchases the property, subsequent motions and reports concerning confirmation, including exceptions 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 exceptions to the Commissioner's Report) shall be served on the purchaser in accordance with the provisions of CR 5.02.

WARNING

Applies to

Written notice

The NRP must give the RP written notice of the intended summer visitation weeks before March 31 each year, taking the RP’s vacation schedule into consideration.

Taking into consideration the RP's vacation schedule, the NRP shall provide written notice to the RP prior to March 31 of each year of the specific weeks the NRP intends to exercise his or her visitation.

WARNING

Applies to

Written notice

In order to help schedule and facilitate summer visitation, RP shall exchange written notice of their respective vacation schedules prior to March 15 of each year.

In order to help schedule and facilitate summer visitation, RP shall exchange written notice of their respective vacation schedules prior to March 15 of each year.

WARNING

A hearing may proceed despite lack of service on the non-custodial parent if the petitioner establishes on the record diligent efforts to serve the other parties and locate any absent parent.

The Judge may permit the Temporary Removal Hearing or the Adjudication Hearing 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.

INFO

Notice to the Christian County Attorney may be given by placing copies of the notice and motion in the Attorney basket at the Clerk's Office.

Notice to the Christian County Attorney may be accomplished by placing a copy of the notice and motion in the Christian County Attorney basket located in the Christian Circuit Court Clerk's Office.