Clay Circuit Court Service and Proof of Service Rules

Civil cases

The filing must be served on all parties and, where applicable, social workers.

with service on all parties and social workers (where applicable).

Applies to

Order

The Circuit Clerk must distribute each order to the listed persons by mail or delivery and certify the distribution with a check mark, initials, and date.

The Circuit Clerk shall distribute copies of all orders by mail or delivery to the persons listed under "DISTRIBUTION" and shall certify mailing or delivery by making a check mark by the person listed and shall initial and date the same at the bottom of the Distribution list.

Applies to

Itemized schedule

If the case is scheduled for hearing, the itemized schedule must be furnished to the court and opposing counsel five days before the hearing.

3 . If the case is scheduled for hearing, the above-mentioned schedule shall be furnished to the court and opposing counsel five days prior to the hearing date.

Applies to

Motion

Motions for Motion Day must be served by close of business on the fifth day before the Motion Day.

Motions to be heard on Motion Days must served no later than the close of business on the fifth day before Motion Day.

Documents required to be filed must be served at least five days before a scheduled hearing, unless the initial affidavit alleges in good faith and specifically sets forth facts showing that delay would seriously endanger the movant's or the movant's child's health or constitute manifest injustice.

required to be filed must be served at least five days prior to the date of the scheduled hearings unless the initial affidavit alleges in good faith and specifically sets forth facts, not mere conclusions, showing and also alleging the delay would endanger seriously the movant's or movant's child's physical, mental, moral, or emotional health, or constitute manifest injustice.

Applies to

Notice and motion

On the day the notice of hearing is served, the attorney must deliver or mail a copy of the notice and motion to the clerk and judge.

On the same day the attorney serves notice of hearing, the attorney shall cause a copy of that Notice and Motion to be delivered or mailed to the clerk and judge.

Applies to

Notices and motions for motion day

Copies of Motion Day notices and motions must be served on the court when applicable to the case, with that service shown in the certificate of service; a noncompliant motion may be heard only at the court's discretion.

A copy of all notices and motions for Motion Day shall also be served upon the court, as called for by the case, and such service shall also appear in the certificate of service. Any motion filed not in compliance with these rules shall be heard only in the discretion of the court.

Applies to

Affidavit

For maintenance or child-support matters, a comprehensive affidavit accompanying the motion must be served on the respondent and clearly state the factual basis and amounts or other relief sought before the court will hear the matter.

The court shall not hear any matters for maintenance or child support in the absence of service on a respondent of a comprehensive affidavit accompanying the motion for same in the manner pursuant to KRS 403 .160, which clearly sets forth the factual basis for the motion and the amounts or other relief required.

Proposed findings of fact, conclusions of law, and judgment must be furnished to opposing counsel.

Proposed findings of fact, conclusions of law, and judgment shall be furnished to opposing counsel.