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

CRITICAL

A contempt order may not be heard unless it has been served on the named person by an officer authorized to serve a summons.

(C) No order shall come on for hearing unless it has been served on the person named in the order by an officer authorized to serve a summons.

CRITICAL

When setting a hearing on a CR 78(2) motion, the opposing party must provide proper notice to the movant and all counsel of record or any unrepresented party.

Should the party opposing the motion under rule CR 78(2) wish to have a hearing on the motion, the party opposing the motion must so state in a written response, and proceed to set the motion for a hearing, provided proper notice is afforded to the movant and all counsel of record (or party if not represented by counsel) .

CRITICAL

Service

Personal service

The Sheriff must personally deliver the Order to the Petitioner/Respondent and return proof of service to the Court.

The Warren County Sheriff's office shall cause a copy of this Order to be served upon the Petitioner/Respondent by personally delivering same to him/her and shall make due return the Court evidencing such service.

CRITICAL

After the motion and affidavit are filed, an order may issue ex parte, and the hearing may not occur sooner than five days after service unless otherwise ordered.

(B) When this motion and affidavit are filed, an order may be issued exparte, which shall not come on for hearing sooner than five (5) days from the date it is served, unless otherwise ordered .

CRITICAL

Service

Personal service

If an EPO, TIPO, or summons is issued, law enforcement must make every reasonable effort to complete personal service on the Respondent immediately.

If the emergency protective order (EPO) and/or the summons or temporary interpersonal protective order (TIPO) and/or summons are issued, the law enforcement officer/agency shall make every reasonable effort to immediately perfect personal service upon the Respondent.

CRITICAL

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

A party with military income must provide the documentation to the opposing party at least seven days before any hearing.

Any party who has income from any branch of the military shall provide to the opposing party documentation verifying his/her total pay, with each allowance specifically set forth, at least seven (7) days prior to any hearing.

CRITICAL

Serve each motion on opposing counsel or an unrepresented party entitled to notice in accordance with CR 5.02; do not use the clerk's office mail slots.

Each motion shall be served on opposing counsel, or party not represented by counsel and entitled to notice, in conformance with CR 5 .02 . Service may not be accomplished by using the clerk's office mail slots .

CRITICAL

When maintenance is at issue at a hearing, counsel must exchange financial information and supporting documents without a formal request as soon as practical, including the listed income, expense, and other hearing-related materials.

At any hearing at which maintenance is at issue, counsel for each party shall without formal request and as soon as practical, exchange all or her client's income and living expenses. necessary information and documentation pertaining to his information shall include, but not necessarily be limited to: (1) copies of Appropriate income all schedules and attachments for the three previous calendar years; (2) their individual and business, state and federal income tax returns with copies of their four most recent pay statements showing cumulative yearly income or, if self-employed, proof of year-to-date income and expenses; and (3) documents pertaining to gross income from sources other than earnings, including case compensation, inheritance, disability, unemployment benefits, dividends, sums from any source, e.g. workers settlements, trusts, interest, gifts, retirement, severance pay, capital gains, maintenance, SSI etc.; (4) documentation evidencing net income from s net income froy sources other than earnings including cash sums from any source, e.g. workers compensation, inheritance, disability, unemployment benefits, dividends, settements, trusts, interest, gifts, retirement, severance pay, capital gains, maintenance, Sal etc.; (5) a list of monthly living expenses; (6) Verified Disclosure Statement, if not already filed with the Court; and (7) any other documents the parties would expect to introduce at a hearing regarding these issues.

CRITICAL

Applies to

Petition motion for order of protection

The respondent must be served with a copy containing a blacked-out portion together with the summons.

Respondent (copy with blacked-out portion served with summons)

CRITICAL

Service

Mail

The Clerk’s Office must mail copies of all orders to attorneys of record or unrepresented parties and to the mediator.

Copies of all orders shall be mailed by the Clerk's Office to the attorneys of record or parties, if unrepresented, and to the mediator.

CRITICAL

Subject to WFCR 703C.(2)(b), the parties must exchange preliminary verified disclosure statements within 45 days after the petition is filed.

Pursuant to FCRPP 2(3) and subject to WFCR 703C.(2)(b), AOC-238, Preliminary Verified Disclosure Statements, shall be exchanged within forty-five (45) days of filing the petition, and objections thereto shall be exchanged twenty (20) days thereafter.

CRITICAL

An exhibit not already of record that is referred to in a filed pleading, motion, or other paper must be served on the opposing party.

If any exhibit not already of record is referred to in a pleading, motion, or other papers filed with the court, it shall be filed and served upon the opposing party.

CRITICAL

Service

Personal service to opposing party

If a Status Quo Order is entered, the movant must personally serve the opposing party.

If a "Status Quo Order" is entered the movant shall be responsible for personal service upon the opposing party.

CRITICAL

The order and movant's affidavit must be served on the adverse party for the seven-day period before the order becomes effective to run.

the order becomes effective seven (7) days following service of the order and movant's affidavit upon the adverse party

CRITICAL

Service

Personal service

If an EPO or TIPO or summons is issued, law enforcement must make every reasonable effort to immediately complete personal service on the Respondent.

If the emergency protective order (EPO) and/or the summons or temporary interpersonal protective order (TIPO) or summons are issued, the law enforcement officer/agency shall make every reasonable effort to immediately perfect personal service upon the Respondent.

CRITICAL

A written motion requesting an order for confidential video records must be accompanied by notice to all parties, including any child’s Guardian ad Litem.

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 of the request.

CRITICAL

The contempt order form specifies service by the Warren County Sheriff on the petitioner or respondent.

SERVE BY: Warren County Sheriff Petitioner/Respondent Address of Petitioner/Respondent

CRITICAL

Applies to

Motion and notice

The party filing a motion must serve the motion and notice on the opposing party.

The party filing said motion shall be responsible for service of said motion and notice on the opposing party pursuant to CR 7.02 and 11.

CRITICAL

The Respondent must not be notified by telephone before the actual EPO or TIPO is served.

Telephone notification shali not be given to the Respondent prior to the service of the actual EPO or TIPO.

CRITICAL

The Respondent must not be notified by telephone before the actual EPO or TIPO is served.

Telephone notification shall not be given to the Respondent prior to the service of the actual EPO or TIPO.

CRITICAL

The requesting party must give all parties notice and an opportunity to object before a subpoena or release order for psychiatric or other privileged records is issued.

b. Subpoenas and accompanying orders for release of psychiatric and other privileged records shall only be issued by the Family Court upon motion by the requesting party with notice to all parties and an opportunity for objection.

CRITICAL

A party with military income must provide the opposing party documentation of total pay, itemizing each allowance, at least seven days before any hearing.

Any party who has income from any branch of the military shall provide documentation verifying their total pay, with each allowance specifically set forth, to the opposing party at least seven (7) days prior to any hearing.

CRITICAL

Service

Mail

The moving party must mail the appropriate AOC Form-152 Uniform Child Support Order for any child support order or modification.

It shall be the responsibility of the moving party to draft, file and mail the appropriate Uniform Child Support Order form propounded by the AOC Form-152 for any child support order or modification.

CRITICAL

The information or documents provided by the other party must be transmitted simultaneously to the other counsel or pro se party at the requesting party's expense.

shall simultaneously be transmitted to the other counsel or pro se party at the requesting party's expense.

CRITICAL

The checklist calls for confirming that all parties have been properly served.

• • Have all the patties been properly served? KRS 199.480(2)

CRITICAL

Applies to

Petition motion for order of protection

Copies are designated for the court file, petitioner, respondent, specified agencies, and—in applicable cases—the clerk in the county of the petitioner's usual residence.

Copies to: Court File Petitioner Respondent (copy with blacked-out portion served with summons) Local Department of Community Based Services, CHFS Court Clerk in County of Petitioner's usual residence, if different Law enforcement agency(ies) designated for service Law enforcement agency/dispatch responsible for LINK entry

CRITICAL

Applies to

Statement of death

Counsel for a deceased party must serve the statement of death on all parties pursuant to the Kentucky Rules of Civil Procedure.

If a party dies during the pendency of an action, counsel representing the decedent shall notify all parties of the death by service of a statement of the fact of the death to be filed of record and served pursuant to the Kentucky Rules of Civil Procedure .

CRITICAL

Subject to FCRP 9, counsel must exchange relevant child-support and income information and documentation without a formal request and as soon as practical at any hearing where child support is at issue.

Subject to FCRP 9, at any hearing at which child support is at issue, counsel for each party, shall, without formal request and as soon as practical, exchange all relevant and necessary information and documentation pertaining to his/her client's income, any health insurance expenses covering only the children, any maintenance payments, any prior born child support payments, and any work-related child care expenses. Appropriate income information shall include but not necessarily be limited to: (1) copies of individual and business, state and federal income tax returs with all schedules and attachments for the three previous

CRITICAL

If a party has retained counsel prior to mediation, but the party chooses to enter into a mediation without the services of counsel, then the party shall sign and exccute a written waiver of counsel prior to entering into any mediation sessions without counsel, while also providing notice to said counsel prior to the mediation sessions.

If a party has retained counsel prior to mediation, but the party chooses to enter into a mediation without the services of counsel, then the party shall sign and exccute a written waiver of counsel prior to entering into any mediation sessions without counsel, while also providing notice to said counsel prior to the mediation sessions.

CRITICAL

The respondent must be served with a copy that has the specified portion blacked out, together with the summons.

Respondent (copy with blacked-out portlon served with summons)

WARNING

If the second parent or a person exercising custodial control or supervision was not served before the hearing but is later notified, the court will hear the matter and give preference to statutory custody-entitlement actions.

If the second parent or persons exercising custodial control or supervision has not been served with the petition prior to a hearing, but is subsequently notified of the proceedings, the Court will hear the matter, giving preference to statutory actions seeking entitlement of custody.

WARNING

The judge may allow a temporary removal or adjudicatory hearing to proceed without service on one parent if the petitioner’s diligent efforts to serve the other parties are established on the record, including the specified contact to locate an absent parent.

The Judge may permit the temporary removal hearing or the adjudicatory hearing to go forward when one parent has not been served if it is established on the record that the Petitioner has made diligent efforts to serve all other parties in time to permit them to prepare for and participate in the hearing, including initiating contact with the Child Support Division of the County Attomey's Office in an attempt to locate any absent parent.

WARNING

Service

Email to opposing party

Cabinet reports may be served on counsel of record by email if accompanied by proper certification.

Cabinet for Health and Family Services' Reports may be served upon counsel of record by e-mail with proper certification such as: "This report was sent by facsimile or e-mail to _, with the signature of the Cabinet for Health and Family Services — attorney for casework."

INFO

Parties may electronically transmit documents or reports from the Dependency, Neglect and Abuse and Status dockets to the Cabinet for Health and Family Services and to attorneys who have agreed to electronic receipt, as needed.

To facilitate more efficient processing, the parties may electronically transmit court documents or reports relating to actions from the Dependency, Neglect and Abuse docket and the Status docket, to the Cabinet for Health and Family Services, and to attorneys who have agreed to electronic receipt of such Court documents and reports, on an as needed basis, to facilitate more efficient processing.

INFO

Either party may seek temporary child support without written or oral notice to the adverse party upon a showing of good cause.

Upon a showing of good cause, either party may move the court to enter an order for temporary child support without written or oral notice to the adverse party.