Daviess Circuit Court Service and Proof of Service Rules

CRITICAL

The signing Judge must ensure that the Petitioner and the law enforcement agency serving the Respondent receive copies of the forms.

The signing Judge shall see that copies of the forms are provided to the Petitioner and to the law enforcement agency who will be serving Respondent.

CRITICAL

Applies to

Order

Service

Court service

If the motion to cease representation is granted, the Clerk must serve the order on the client and all attorneys of record.

If the motion is sustained, a copy of the order shall be served on the client and all attorneys of record by the Clerk pursuant to LR 205 below.

CRITICAL

A parent intending to move with a child in a way that would materially affect the child, or to another state, must give the other parent written notice at least 60 days before the move.

If either parent intends to move with the child(ren) to another location which would materially affect the child or to another state, he or she shall give written notice to the other parent at least 60 days prior to such move.

CRITICAL

The clerk must give the petitioner copies of all documents and arrange for law enforcement to serve the respondent, either by notifying law enforcement or giving the petitioner an extra copy for that purpose.

The Daviess Circuit Court Clerk shall give copies of all documents to the Petitioner and shall notify law enforcement to serve Respondent or shall provide Petitioner an extra copy to be given to the law enforcement agency who will serve the Respondent.

CRITICAL

Applies to

Summons

When a case is transferred, the emergency protective order continues and the transferring court must reissue the summons if service has not been made, for up to 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 court, the emergency protective order shall continue and the summons shall be reissued by the transferring 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 receiving the transfer.

CRITICAL

Applies to

Motion for contempt

Motions for contempt must be served on the Respondent at least five days before the scheduled hearing.

Motions for Contempt shall be served upon the Respondent no less than five (5) days before the scheduled hearing.

CRITICAL

Applies to

Preliminary verified disclosure statements

however, a Case Management Conference shall not be conducted, except in the discretion of the Commissioner, until the Preliminary Verified Disclosure Statements have been exchanged as required under FCRPP 2(3).

however, a Case Management Conference shall not be conducted, except in the discretion of the Commissioner, until the Preliminary Verified Disclosure Statements have been exchanged as required under FCRPP 2(3).

CRITICAL

Deadline

7 calendar days

In dissolution of marriage actions, the parties must exchange Preliminary Verified Disclosure Statements at least seven calendar days before the case management conference.

In Dissolution of Marriage actions only, the Preliminary Verified Disclosure Statements (AOC-239) shall be exchanged with a copy provided to the Court Staff at least seven (7) calendar days prior to the date scheduled for the Case Management Conference.

CRITICAL

A parent intending to make a covered move must provide written notice to the other parent.

he or she shall provide written notice to the other parent

CRITICAL

Applies to

Motion for contempt

A Motion for Contempt must be served on the Respondent at least five days before the scheduled hearing.

Motions for Contempt shall be served upon the Respondent no less than five (5) days before the scheduled hearing.

CRITICAL

Applies to

Amended notice of hearing

If upon review, the Daviess Circuit Court Clerk's Office finds the case should be assigned to a different Division, the Daviess Circuit Court Clerk's Office shall, if practicable, cause an amended notice of hearing to be sent to the parties. If sending an amended notice of hearing is not possible, the Daviess Circuit Court Clerk's Office shall notify the sitting Judge of the pre-existing or pending case

If upon review, the Daviess Circuit Court Clerk's Office finds the case should be assigned to a different Division, the Daviess Circuit Court Clerk's Office shall, if practicable, cause an amended notice of hearing to be sent to the parties. If sending an amended notice of hearing is not possible, the Daviess Circuit Court Clerk's Office shall notify the sitting Judge of the pre-existing or pending case

CRITICAL

The Juvenile Clerk must give the Petitioner copies and arrange for law enforcement to serve the Respondent, either by notifying law enforcement or providing the Petitioner an extra copy for the agency.

The Juvenile Clerk shall give copies of all documents to the Petitioner and shall notify law enforcement to serve Respondent or shall provide Petitioner an extra copy to be given to the law enforcement agency who will serve the Respondent.

CRITICAL

Applies to

Post judgment relief motion

A Family Court post-judgment-relief motion filed more than six months after the final order must be served on the opposing party and any attorney of record.

Motions for post judgment relief in the Daviess Family Court filed more than six (6) months after final order shall be served on the opposing party as well as any attorney of record.

CRITICAL

Copies of photographs and documentary evidence intended to support or oppose a motion must be served on opposing counsel in the manner referenced in subsection (f).

Copies of all photographs and documentary evidence which the movant or the opposing party intends to submit or rely on in support of or opposition to the motion shall also be served on opposing counsel in the manner provided in (f) above.

CRITICAL

Applies to

Petition for immediate entitlement to custody

Notice of a Circuit Court petition for immediate entitlement to custody must be served on all parties involved in the related juvenile case, including parents, temporary custodians, attorneys of record, and the Cabinet.

All Petitions for Immediate Entitlement to Custody, pursuant to K.R.S. 620.110 and filed in Circuit Court shall list and serve notice upon all parties that are involved with the District Court Juvenile Dependency, Neglect, and Abuse case, including, but not limited to: all parents, temporary custodians, attorneys of record and the Cabinet.

CRITICAL

Applies to

Summons

When a case is transferred, the Emergency Protective Order remains in effect and the transferring court must reissue an unserved summons for up to 14 days, or as the court determines necessary to protect the petitioner; the receiving court reissues it as needed.

When a case is transferred to another court, the Emergency Protective Order shall remain in effect, and the summons shall be reissued by the transferring court 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 receiving the transfer.

CRITICAL

Applies to

Pendente lite motion

Pendente lite motions must be served on the opposing party at least seven days before the hearing unless the parties agree otherwise.

Any pendente lite motions shall be served on the opposing party seven (7) days in advance and set for a hearing before the court unless otherwise agreed by the parties.

CRITICAL

Service

Court service to all parties

The Clerk must serve the order or judgment on everyone identified in its distribution list.

The Clerk shall serve the order or judgment upon everyone in the distribution list on the order or judgment.

CRITICAL

Applies to

Written motion

Written motions, other than those that may be heard ex parte, shall be served at least five (5) days before the time specified for hearing unless a different

Written motions, other than those that may be heard ex parte, shall be served at least five (5) days before the time specified for hearing unless a different

CRITICAL

Applies to

Motion to modify support documentation

Documentation for a motion to modify support must be served on the opposing party seven days before the hearing unless the parties agree otherwise.

In addition to the requirements set forth in FCRPP 5 and FCRPP 9 concerning Motions to Modify Support, all such documentation shall be served upon the opposing party seven (7) days in advance before the hearing before the court, unless otherwise agreed to between the parties, to allow the opposing party to comply with FCRPP 9.

CRITICAL

Notice of motions regarding active dependency, neglect, and abuse issues must be provided to all parties, counsel of record, and the County Attorney.

Any Motions regarding active dependency, neglect and abuse issues shall be filed seven (7) days prior to the scheduled hearing date; and notice shall be provided to all parties, counsel of record, and the County Attorney.

WARNING

Service

Mail

For a motion served only by U.S. Mail, the parties should allow three additional days.

Pursuant to the applicable Kentucky Rules of Civil Procedure, the parties should allow three (3) additional days for any motion served by the U.S. Mail only.

WARNING

Applies to

Amended notice of hearing

If upon review, the Juvenile Clerk finds the case should be assigned to a different Division or Circuit, pursuant to RDDC 104D(3), the Juvenile Clerk shall, if practicable, cause an amended notice of hearing to be sent to the parties.

If upon review, the Juvenile Clerk finds the case should be assigned to a different Division or Circuit, pursuant to RDDC 104D(3), the Juvenile Clerk shall, if practicable, cause an amended notice of hearing to be sent to the parties.