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

CRITICAL

Copies of motions under 37FRP 201(A) must be served by mail, hand delivery, or electronic transmission by 4:00 p.m. on Thursday.

All motions pursuant to 37FRP 201 (A) shall be filed and clocked no later than 4:00 p.m. on the preceding Wednesday with copies mailed, hand delivered or sent by electronic transmission by 4:00 p.m. on Thursday.

CRITICAL

After the hearing, the petitioner must continue diligent efforts to locate and notify everyone 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

The request for an order must be noticed 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 for the request.

CRITICAL

Copies of motions under 37FRP 201(C) must be served by mail, hand delivery, or electronic transmission by 4:00 p.m. on Wednesday.

All motions pursuant to 37FRP 201 (C) shall be filed and clocked no later than 4:00 p.m. on the preceding Tuesday with Copies mailed, hand delivered or sent by electronic transmission by 4:00 p.m. on Wednesday.

CRITICAL

Applies to

Motion

In the described status quo order procedure, a copy of the motion is served on the respondent with the summons and petition.

serve a copy of the Motion with the Summons and Petition on the Respondent.

CRITICAL

Copies of motions under 37FRP 201(B) must be served by mail, hand delivery, or electronic transmission by 4:00 p.m. on Wednesday.

All motions pursuant to 37FRP 201 (B) shall be filed and clocked no later than 4:00 p.m. on the preceding Tuesday with copies mailed, hand delivered or sent by electronic transmission by 4:00 p.m. on Wednesday.

CRITICAL

Applies to

Notice of attorney withdrawal request

All parties must be served with notice when an attorney requests to withdraw.

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

CRITICAL

The clerk must deliver or mail the trial-setting order to all attorneys of record at least five days before trial; the attorneys may waive that period with the court's consent, and the same procedure applies to nonjury trials.

Copies of the order shall be handed to or mailed to all attorneys of record, by the Clerk of this Court, at least five (5) days before the date of trial unless the time is waived by the attorneys with consent of the Court. All trials to be heard by the Court ,vithout a jury, shall be docketed and set for trial under the same procedure as set out in Rule 2 above

CRITICALCriminal cases

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

WARNING

A hearing may proceed without service on the non-custodial parent only if the record establishes diligent efforts to serve the other parties, including contacting the County Attorney's Child Support Division to locate an absent parent.

The Judge may permit the Temporary Removal Hearing or the adjudicatory 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 petitioner has made diligent efforts to serve all other parties including initiating contact with the Child Support Division of the County Attorney's Office in an attempt to locate any absent parent.