Crittenden Circuit Court Service and Proof of Service Rules

CRITICALCivil cases

Applies to

Summons

(Consistent with FCRPP 12, when the local domestic violence protocol requires that a case be transferred to another circuit due to a pending dissolution or custody matter, an EPO 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 (14) 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).

(Consistent with FCRPP 12, when the local domestic violence protocol requires that a case be transferred to another circuit due to a pending dissolution or custody matter, an EPO 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 (14) 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

Service of written motions and their notices must comply with the specified Kentucky rules and statutes.

Service of written motions and notice thereof shall comply with the Kentucky Rules of Procedure and Kentucky Revised Statutes, specifically CR 5 and CR 6.05.

CRITICALCivil cases

The motion requesting a judicial order must be accompanied by notice 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.

CRITICALCriminal cases

The Court may void a person's participation in pretrial diversion only after a hearing with notice to the Commonwealth and defendant and a showing of noncompliance or unsatisfactory progress.

After a hearing, with notice to the Commonwealth and to the defendant, the Court may void a person's participation in the pretrial diversion program upon a showing of failure to comply with the conditions of diversion or failure to make satisfactory progress .

CRITICAL

A motion for leave to withdraw as counsel must be served on the client and other parties.

Such leave can only be obtained by a motion served on the client and other parties and properly noticed for hearing.

CRITICAL

Subsequent motions and reports concerning confirmation of a sale must be served on a nonparty 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 any objections to the Commissioners Report) shall be served on the purchaser in accordance with CR 5.02.

CRITICALCivil cases

Applies to

Response

Responses, if any, must be served at least 2 days before the hearing; the court may waive this time limit for good cause or in the interest of justice.

A. Except for good cause shown, as permitted by FCRPP or Statute, or waiver of notice requirements, all motions shall be filed at least seven (7) days prior to the scheduled hearing date. Any motion filed less than seven (7) days in advance may be denied as procedurally deficient or continued to a date more than seven days after the filing of the motion. Responses, if any, shall be filed and served at least two (2) days prior to the hearing date. Service of the motion shall occur at least three (3) business days prior to the hearing date. These time limits may be waived by the court on a showing of good cause or in the interest of justice.

CRITICAL

Applies to

Motion

Motions concerning matters referred to the Master Commissioner must be served on the Master Commissioner as if the Commissioner were a party.

All motions concerning any matter referred to the Master Commissioner shall be served on the Master Commissioner as if he/she were a party who had

CRITICALCivil cases

Photocopies of motions and notices must be sent to opposing parties or counsel by mail, hand delivery, fax, or another court-approved method; the excerpt begins a same-date requirement but cuts off after “the motion or.”

Photocopies of motions and/or notices shall be mailed, hand-delivered, faxed, or delivered in a manner otherwise approved by the Courts, to opposing parties or counsel on the same date the motion or

CRITICAL

Motions seeking an order of reference to the Master Commissioner must be served on the Master Commissioner pursuant to CR 5.02.

All motions seeking an order of reference to the Master Commissioner shall be served on the Master Commissioner pursuant to CR 5.02 as follows:

CRITICALCivil cases

Applies to

Notice of attorney request to withdraw

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

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

CRITICALCivil cases

Applies to

Post judgment motion

A motion for post-judgment relief must be served on both the opposing party and any attorney of record.

Motions for post-judgment relief shall be served on the opposing party as well as any attorney of record.

CRITICALCivil cases

After the hearing, the Petitioner must continue diligent efforts to locate and notify every person 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

Applies to

Warrant

If the Court issues a warrant instead of its usual summons, the warrant must immediately be forwarded to the county sheriff and to any law enforcement agency or officer that requests it from the Circuit Clerk.

Once an indictment has been returned and processed by the Court, that defendant becomes under the jurisdiction of the Circuit Court and if the Court issues a warrant rather than its usual summons, the warrant shall immediately be forwarded to the sheriff of the county and to any other law enforcement agencies or officers who request same from the Circuit Clerk.

CRITICALCivil cases

Applies to

Preliminary verified disclosure statement and objections

In dissolution mediations, each party must tender the Preliminary Verified Disclosure Statement and any objections to the mediator by email or mail; late tender may result in the mediator vacating the mediation.

For mediations conduct in dissolution cases, each party shall tender at least seven (7) days prior to the mediation their Preliminary Verified Disclosure Statement (AOC Form 238), and any objections thereto, to the mediator via the mediator's email address, or via mail to P.O. Box 417, Marion, Kentucky 42064. Failure to timely tender the Preliminary Verified Disclosure Statement may result in the mediation being vacated at the mediator's discretion.

WARNING

Applies to

Motion

The moving party is responsible for re-noticing motions that are passed.

Movant will be responsible for re-noticing said motions.

WARNINGCivil cases

A hearing may proceed despite nonservice on the non-custodial parent if the record establishes the Petitioner's diligent efforts to serve all parties, including contacting the Child Support Division to locate an 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 the Petitioner has made diligent efforts to serve all parties including initiating contact with the Child Support Division of the County Attorney's Office in an attempt to locate any absent parent.