Clark County Circuit Court, Kentucky Service and Proof of Service Rules

CRITICALCivil cases

After a final hearing date is assigned, the requesting party must serve notice of the hearing on all parties.

Upon assignment of a final hearing date, the requesting party shall serve notice of the hearing to all parties.

CRITICAL

Service

Mail

The Clerk of the Court must copy the entire file and mail the copy to the other Commissioner.

the Clerk of the Court shall copy the file in its entirety and mail said copy to the other Commissioner

CRITICAL

The Commonwealth Attorney must deliver sufficient indictment copies to the Clerk with the original so that each defendant receives a copy when served with a warrant or summons.

15 .01 Copies of Indictments : At the time of the preparation of each indictment or information, the Commonwealth Attorney shall prepare sufficient copies and deliver the same to the Clerk, with the original, so that a copy shall be delivered to each defendant when he/she is served with the warrant or summons .

CRITICAL

The Clerk must notify each party when the Commissioner’s report is filed unless notice is waived in writing, including by endorsement on the papers.

Each party shall be notified of the filing of the Commissioner's report by the Clerk, pursuant to Rule 53 .06(1) of the Kentucky Rules of Civil Procedure, unless waived in writing (which waiver may be by endorsement on said papers) .

CRITICAL

The procedure for presenting the order or judgment after tendering the original includes serving a copy on counsel for all parties.

(b) After the passage of ten (10) days from the date of tendering the original of said Order or Judgment to the Clerk, with service of a copy of same upon counsel for all parties, unless :

CRITICAL

Applies to

Default judgment application

A copy of the default-judgment application must be delivered to the defendant at the defendant’s last known address at least three days before the hearing.

A party seeking a judgment by default, where Rules 55 .01, 5 .01, or 6 .03 of the Kentucky Rules of Civil Procedure apply, shall file a written application for such a judgment, a copy of which shall be delivered to defendant at his last known address at least three (3) days, or mailed at least six (6) days, prior to the date set for hearing .

CRITICALCivil cases

The written motion seeking a video judicial order must include notice to the parties and the child's Guardian Ad Litem, if any.

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

CRITICALCivil cases

All motions to be heard on cither the Monday or Tuesday Domestic Motion Docket shall be filed and served on or before the close of business 10 days prior to the hearing on the motion

All motions to be heard on cither the Monday or Tuesday Domestic Motion Docket shall be filed and served on or before the close of business 10 days prior to the hearing on the motion

CRITICAL

In contested cases, factual disclosure forms must be served on every other party at least 10 days before the hearing or, if proof will be taken by deposition, at least 10 days before the first deposition.

21 .16 Factual Disclosure Requirement : In contested cases, verified factual disclosure forms, attached hereto, shall be filed and served on every other party not less than ten (10) days before the hearing date, or, if proof is to be taken by deposition, ten (10) days before the taking of the first deposition .

CRITICAL

Applies to

Order or judgment

Service

Court service

The Clerk must serve the Master Commissioner with any order or judgment involving or requiring the Commissioner's action.

Any Order or Judgment involving or requiring action by the Master Commissioner ("Commissioner") shall be served upon said Commissioner, by the Clerk,

CRITICAL

Applies to

Motion to withdraw as counsel

A motion to withdraw as counsel must be served on the party under Rule 5 of the Kentucky Rules of Civil Procedure.

Such motion shall be served on the party as provided by Rule 5 of the Kentucky Rules of Civil Procedure .

CRITICAL

Serve each motion for default or summary judgment and order of sale on the Master Commissioner by fax, email, or U.S. Mail when filed, with a tendered judgment and order of sale and a referral order.

Every motion for default or summary judgment and order of sale shall be served by facsimile, e-mail, or U.S. Mail on the Master Commissioner at the time of the filing and accompanied by a tendered judgment and order of sale and an order referring the case to the Master Commissioner (AOC-141 form or its equivalent).

CRITICAL

Applies to

Written objections

(i) written objections thereto, including a time for a hearing obtained pursuant to these rules, have been filed and served by the objecting party ;

(i) written objections thereto, including a time for a hearing obtained pursuant to these rules, have been filed and served by the objecting party ;

CRITICAL

A notice to take depositions must be served a reasonable time before the depositions.

A notice to take depositions shall be served within a reasonable time prior to the date on which the depositions are to be taken

CRITICALCivil cases

After a hearing date is assigned, the requesting party must serve notice on all necessary parties in accordance with KRS 199.515.

Upon assignment of a hearing date, the requesting party shall serve notice of the hearing to all necessary parties in accordance with KRS 199.515.

CRITICAL

A copy of a motion to withdraw must be served upon the client.

Once having entered appearance, counsel shall remain of record, unless relieved of responsibilities by the Court upon written motion and notice (with copy of said motion served upon the client), until expiration of the time for filing a notice of appeal after the entry of a final judgment or order.

CRITICAL

Applies to

Further pleading

Service

Mail

For further pleadings, counsel must mail a copy directly to the other Commissioner and file the original with the Clerk of the Court.

For any further pleadings, counsel shall be responsible for mailing a copy of same directly to the other Commissioner and the original shall be filed with the Clerk of the Court.

WARNING

At the commencement, or during the course of the trial, the Court may receive from either counsel, with counsel furnishing copy thereof to opposing counsel, a typewritten statement of legal questions that are anticipated to arise during the course of the trial upon the receipt of evidence, and authorities relied upon by counsel in support of their contentions on each of said questions .

At the commencement, or during the course of the trial, the Court may receive from either counsel, with counsel furnishing copy thereof to opposing counsel, a typewritten statement of legal questions that are anticipated to arise during the course of the trial upon the receipt of evidence, and authorities relied upon by counsel in support of their contentions on each of said questions .

WARNING

Service

Mail

The Clerk will mail submitted Commissioner’s fees to the Commissioner’s office address.

The Clerk will mail the submitted Commissioner's fees to his/her office address

WARNING

Applies to

Order judgment

Counsel may waive service of an order or judgment and notice of entry in writing.

Counsel may waive in writing service of any Order or Judgment, and notice of entry .

INFO

As an aspirational guideline, a lawyer should seek agreement with opposing counsel on deposition dates and court appearances, except routine motions, rather than merely serving notice.

3. A lawyer should respect opposing counsel's schedule by seeking agreement on deposition dates and court appearances (other than routine motions) rather than merely serving notice .

INFO

As an aspirational guideline, a lawyer should give timely notice to opposing counsel before taking adverse action against a represented litigant, unless ex parte proceedings are allowed.

1. A lawyer should avoid taking action adverse to the interests of a litigant known to be represented without timely notice to opposing counsel unless ex parte proceedings are allowed .