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

CRITICAL

Service

Mail to opposing party

A motion served by mail must be served on opposing counsel at least five days before the initially scheduled 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

Once 60 days have passed since entry of the last order or judgment, any notice must be served on both opposing counsel and the client party at the party'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.

CRITICALCivil cases

Applies to

Proposed findings conclusions order

A copy of the proposed Findings of Fact, Conclusions of Law and Order must be furnished to all parties involved.

A copy of the proposed Findings of Fact, Conclusions of Law and Order will be furnished to all parties involved in the matter

CRITICAL

Deadline

2 business days

Responsive motions served pursuant to CR 5.02 must be served before the initially scheduled Rule/Motion Day: two business days in Clinton County and five business days 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 time for serving motions and responsive motions must be computed in accordance with CR 6.01.

4. COMPUTATION OF TIME FOR FILING AND SERVICE - Time for filing and service of motions and responsive motions shall be computed in accordance with CR 6.01.

CRITICALCivil cases

Deadline

5 business days

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.

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.

CRITICAL

The attorney filing a Notice of Appeal, Designation of Record, or Order to Proceed in forma pauperis must send a copy to the court reporter or circuit clerk.

A copy of any Notice of Appeal, Designation of Record or Order to Proceed in forma pauperis shall be sent to the court reporter or circuit clerk by the attorney filing same.

CRITICAL

Service by delivery pursuant to CR 5.02 must be effected five days before the initially scheduled 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

When a case is transferred because of a pending dissolution or custody matter, the initiating court must reissue the summons if service has not been made, for no more than fourteen days or as the court determines necessary to protect the petitioner; further reissuance occurs as needed in the receiving court.

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.

CRITICALCivil cases

Objections to the financial disclosure statements must be exchanged 20 days thereafter and must not be filed in the record unless the Court orders otherwise.

and objections thereto shall be exchanged twenty (20) days thereafter and shall not be filed in the record unless ordered by the Court.

CRITICALCivil cases

When a case is transferred before service, the emergency protective order continues and the initiating court must reissue the summons for up to fourteen days, or for a period the court deems necessary to protect the petitioner.

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.

CRITICAL

When service is by delivery pursuant to CR 5.02, it must be effected five days before the initially scheduled 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.

CRITICALCivil cases

The parties must exchange the Petitioner’s and Respondent’s 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

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 scheduled 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

A parent intending to move with the child out of Kentucky or more than 100 miles from the child’s present residence must give the other parent notice 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

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

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

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

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.

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.

WARNING

Subpoena service by law-office personnel or a party is considered a cost when similar sheriff service would be compensated.

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.

INFO

Subpoena service by law office personnel or a party will be considered as 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.

CRITICAL

Applies to

Summons

When a case transfers to another circuit because of a pending dissolution or custody matter and the adverse party has not been served, the emergency protective order continues and the initiating court must reissue the summons for no more than fourteen days.

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