Estill Circuit Court Service and Proof of Service Rules

CRITICAL

After the judge signs the indictments, the Circuit Clerk must send copies to the Commonwealth's Attorney and, if applicable, the defendant's former attorney.

Upon the signing of the Indictments by the Judge, the Circuit Clerk shall make copies of the Indictments and shall mail or deliver same to the Commonwealth's Attorney and, in the event the Defendant was previously represented by counsel, shall also mail or deliver copies to the Defendant's previous attorney.

CRITICAL

Each motion must be served on opposing counsel and any unrepresented party entitled to notice, using the methods defined in CR 5.02.

Each motion shall be served on opposing counsel and party not represented by counsel and entitled to notice. "Service" shall be by the methods defined in CR 5.02.

CRITICAL

Applies to

Order or judgment

Service

Court service

The Clerk must serve orders or judgments involving or requiring action by the Master Commissioner on the Commissioner.

All Orders or Judgments involving or requiring action by the Master Commissioner shall be served upon said Commissioner by the Clerk, and such Order or Judgment shall contain a Certificate of the counsel preparing same at the bottom of the last page thereof to the effect that it is an Order or Judgment concerning which the Clerk is required to serve on the Master Commissioner.

CRITICAL

Applies to

Objections

Objections to the preliminary disclosures must be exchanged 20 days thereafter.

Objections thereto shall be exchanged 20 days thereafter,

CRITICAL

A copy of each filed motion must be served on the presiding Judge.

A copy of cach Motion filed shall be served upon the presiding Judge.

CRITICAL

The Court may void participation in pre-trial diversion after a hearing and notice to the Commonwealth and the defendant upon the stated showing.

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

CRITICAL

Applies to

Order or judgment

A copy of the tendered order or judgment must be served on counsel for all parties.

After the passage of ten (10) days from the date of tendering the original of said Order or Judgment to the Judge, with service of a copy of same upon counsel for all parties,

CRITICAL

Applies to

Written objections

The objecting party must serve written objections on all parties and the Court.

unless written objections thereto including a time for a Hearing scheduled pursuant to these Rules have been filed and served upon all parties and the Court by the objecting party

CRITICAL

An eligible person may petition for a pre-trial diversion order with notice to the Commonwealth’s Attorney at least 14 days before trial.

(a) An eligible person may petition the Circuit Court, with notice to the Commonwealth's Attorney, for the entry of a pre-trial diversion order not less than fourteen (14) days before trial.

CRITICAL

Applies to

Preliminary verified disclosure statement

In contested dissolution actions, the parties must exchange preliminary verified disclosure statements within 45 days after service of the petition on the respondent.

Consistent with FCRPP 2(3), in contested dissolution actions, AOC-238, Preliminary Verified Disclosure Statements, shall be exchanged between the parties within 45 days of the service of the petition on the respondent.

CRITICAL

Applies to

Final verified disclosure statement

Final verified disclosure statements must be provided to the opposing party within 30 days after filing a motion for hearing, unless the hearing is set within that period, in which case disclosure is governed by court order.

AOC 239, Final Verified Disclosure Statements, are to be provided to the opposing party's attorney or pro se party within 30 days of the filing of a motion for hearing unless the hearing is set within 30 days of the filing of the motion for the hearing, upon which disclosure shall be at the order of the Court.

CRITICAL

Applies to

Motion to withdraw as attorney

A motion by an attorney of record seeking to withdraw must be served on the party as provided by CR 5.

Such motion shall be served on the party as provided by CR 5.

CRITICALCriminal cases

The Court may void participation in diversion after a hearing with notice to the Commonwealth and defendant if the defendant fails to comply with diversion conditions or make satisfactory progress.

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

CRITICAL

The requesting party must serve the adverse party written notice at least seven days before the hearing, unless the parties agree otherwise or the Commissioner schedules it by order.

No proceeding shall be heard unless the party requesting such hearing has served written notice seven (7) days before the date of such hearing on the adverse party, notifying such party of the time, place, and purpose of the hearing, unless otherwise agreed by the parties or scheduled by order at the discretion of the Domestic Relations Commissioner.

WARNING

Applies to

Medical reports and bills

In personal-injury tort actions, the parties must be prepared to exchange discoverable medical reports, medical bills, or evidence of special damages before the pretrial conference, subject to the stated exceptions.

Except for good cause shown, or unless otherwise directed by the Court, the parties shall comply with the following before the Pre-Trial Conference: (e) In tort actions involving personal injury, be prepared to exchange such medical reports and copies of medical bills or evidence of special damages as are subject to discovery under the Rules of Civil Procedure.

WARNING

All Orders and Judgments of which the Clerk must give notification shall contain a notation calling to the Clerk's attention the fact that the Order should be served pursuant to CR 77.04.

All Orders and Judgments of which the Clerk must give notification shall contain a notation calling to the Clerk's attention the fact that the Order should be served pursuant to CR 77.04.

WARNINGCriminal cases

A petition for pre-trial diversion must be made with notice to the Commonwealth's Attorney.

An eligible person may petition the Circuit Court, with notice to the Commonwealth's Attorney, for the entry of a pre-trial diversion order not less than fourteen (14) days before trial .