Clinton Circuit Court Service and Proof of Service Rules

CRITICAL

Deadline

2 business days

Responsive motions served pursuant to CR 5.02 must be served at least two business days before the Rule/Motion Day in Clinton County, or five business days before it in Cumberland and Monroe Counties.

Each responsive motion shall be served on opposing counsel or a party, if not represented by counsel, at least two (2) business days in Clinton County and 5 business days in Cumberland and Monroe Counties preceding the Rule/Motion Day for which the original motion is initially set if service is effected pursuant to CR 5.02.

CRITICAL

The notice served on opposing parties must state the hearing's time, date, and place.

The time, date, and place of the hearing shall be included in the notice served upon the opposing parties.

CRITICALCivil cases

A parent intending to move with the children to another state or more than 100 miles from their current residence must notify the other parent at least 60 days before the move.

Pursuant to FCRPP 7(2)(a), if either parent intends to move with the child(ren) from the Commonwealth of Kentucky to another state, or more than 100 miles from the present residence of the child(ren), he or she shall give notice to the other parent at least sixty (60) days prior to such move.

CRITICALCivil cases

After 60 days have passed since the last order or judgment, any notice must be served on both opposing counsel and the client party at the client’s last known address.

If sixty (60) days have expired since the date of entering the last order or judgment, any notice shall be served on both the opposing attorney and the client party at his or her last known address.

CRITICAL

Service

Mail to opposing party

A motion served by mail must be served on the opposing party represented by counsel at least five days before the initially set Rule Day.

Each motion shall be served on the opposing party represented by counsel at least five (5) days preceding the Rule Day for which the motion is initially set if service is by mail.

CRITICALCivil cases

The petitioner and respondent must exchange their financial disclosure statements within 45 days after the petition is filed.

The financial disclosure statement of the Petitioner and the Respondent shall be exchanged between the parties within forty-five (45) days of filing of the petition

CRITICAL

Service by delivery pursuant to CR 5.02 must be effected five days before the initially set Rule/Motion Day.

Service shall be effected five (5) days preceding the Rule/Motion Day for which the motion is initially set if service is delivery pursuant to CR 5.02.

CRITICAL

Applies to

Motion

Service by delivery pursuant to CR 5.02 must be effected five days before the Rule/Motion Day for which the motion is initially set.

Service shall be effected five (5) days preceding the Rule/Motion Day for which the motion is initially set if service is delivery pursuant to CR 5.02.

CRITICALCivil cases

Pendent lite motions must be served on the opposing party and set for a court hearing, unless the parties agree otherwise.

Any pendent lite motions shall be served on the opposing party and set for a hearing before the court unless otherwise agreed to by the parties.

CRITICALCivil cases

The disclosure statement and supporting documents must be provided to opposing counsel within 30 days after the hearing motion is filed, unless the hearing is set within that period, in which case disclosure is governed by court order.

A copy of this disclosure statement, together with any supporting documentation, shall be provided to the opposing party's attorney within thirty (30) days of the filing of the motion for hearing, unless the hearing date is set within thirty (30) days of filing the motion for the hearing, upon which disclosure shall be at the order of the Court.

CRITICAL

Deadline

2 business days

Applies to

Responsive motion

In Clinton County, responsive motions served pursuant to CR 5.02 must be served on opposing counsel or an unrepresented opposing party at least two business days before the Rule/Motion Day for which the original motion is set.

Each responsive motion shall be served on opposing counsel or a party, if not represented by counsel, at least two (2) business days in Clinton County and 5 business days in Cumberland and Monroe Counties preceding the Rule/Motion Day for which the original motion is initially set if service is effected pursuant to CR 5.02.

CRITICAL

Applies to

Summons

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

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

CRITICAL

Applies to

Hearing notice

The hearing notice must be served on the opposing parties.

The time, date, and place of the hearing shall be included in the notice served upon the opposing parties.

CRITICALCivil cases

Objections to the financial disclosure statements must be exchanged 20 days after the statements are exchanged.

objections thereto shall be exchanged twenty (20) days thereafter

CRITICAL

Applies to

Motion

Service

Mail to opposing party

A motion must be served by mail on the represented opposing party at least five days before the Rule Day for which it is initially set.

Each motion shall be served on the opposing party represented by counsel at least five (5) days preceding the Rule Day for which the motion is initially set if service is by mail.

CRITICALCivil cases

Deadline

5 business days

Motions must be served on opposing counsel by delivery no later than five business days before the Rule Day on which they will be heard.

All motions to be heard at motion hour on the appropriate motion day shall be filed (the original motion) and served on opposing counsel by delivery no later than closing time in the Clerk's Office five (5) business days immediately preceding the Rule Day upon which the motion is to be heard.

CRITICALCivil cases

When a case is transferred for a pending dissolution or custody matter and service has not been made, the initiating court must reissue the summons for up to fourteen days or as needed for the petitioner's protection; the transfer court reissues it as needed thereafter.

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.

WARNING

Subpoena service by law office personnel or a party will be considered as a cost when the sheriff would be compensated for similar service.

To the extent that the sheriff would be compensated for similar service, service of subpoena by law office personnel or a party will be considered as costs when assessing costs.

WARNINGCivil cases

Service

Mail

Service by mail requires an additional three days' notice.

If service is by mail, an additional three (3) days' notice shall be required

INFO

Subpoena service by law office personnel or a party is considered a cost to the extent the sheriff would be compensated for similar service.

To the extent that the sheriff would be compensated for similar service, service of subpoena by law office personnel or a party will be considered as costs when assessing costs.