Floyd Circuit Court Service and Proof of Service Rules

CRITICAL

Emergency Dependency, Neglect and Abuse and Status motions may be made any day of the week with appropriate notice to the parties and approval from an assistant county attorney.

Emergency Dependency, Neglect and Abuse and Status motions may be made on any day of the week, with appropriate notice to the parties, upon approval of an assistant county attorney.

CRITICAL

Deadline

3 business days

Copies of the specified non-emergency motions must be sent by mail, hand delivery, or electronic transmission.

All non-emergency Paternity, Dependency, Neglect and Abuse, Domestic Violence, and Status Offense motions shall be filed, clocked and noticed no later than 3:00 p.m. three business days preceding the appropriate docket, with copies being mailed, hand-delivered or sent by electronic transmission.

CRITICAL

The judge may allow a Temporary Removal or adjudicatory hearing to proceed without service on the non-custodial parent only if the petitioner’s diligent efforts to serve the other parties, including efforts to locate an absent parent, are established on the record.

The judge may permit the Temporary Removal Hearing or the adjudicatory hearing 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 the 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.

CRITICAL

The order’s certificate states that an attested copy was served by mail or hand delivery on the mediator, attorneys of record, and parties proceeding pro se.

This is to certify that an attested copy of the within Order was served by mail or hand delivery to the following on this the day of , 199

CRITICAL

Applies to

Motion

A motion's certificate of service must state the method and timing of service on opposing parties.

The motion shall state the date when it will be brought up for hearing and shall contain a certificate of service showing by what means and when it was served on opposing parties .

CRITICAL

Applies to

Notice of attorney withdrawal request

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

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

CRITICAL

Applies to

Emergency custody order

A social worker granted an Emergency Custody Order must provide a copy to the agency.

If a Cabinet for Health and Social Services social worker is granted an ECO, the social worker is to provide a copy to the agency.

CRITICAL

Applies to

Dependency petition

A copy of each dependency petition must be distributed to the assistant county attorney assigned to prosecute dependency actions.

All petitions shall be filed in accordance with FCRPP 20 and copy shall be distributed to the assistant county attorney assigned to prosecute dependency actions and the original shall be filed with the Office of the Floyd Family Court Clerk.

CRITICAL

Applies to

Status quo order motion

The respondent must notify the petitioner of the motion without assistance from the clerk.

However, the respondent must provide notice of the motion upon the petitioner without the assistance of the clerk.

CRITICAL

Applies to

Notice of hearing

The hearing notice is served upon the opposing parties; the text does not specify the service method or timing.

The time and date and place of the hearing shall be included in the notice served upon the opposing parties .

CRITICAL

Applies to

Status quo order motion

The clerk must include a copy of the Status Quo Order motion for service with the summons and petition.

The clerk shall include a copy of the Motion for service with the Summons and Petition.

CRITICAL

The parties must exchange and provide the required property-mediation materials to the mediator at least five working days before the mediation conference.

The parties shall exchange and provide to the mediator, in no less than five (5) working days prior to the mediation conference, the following:

CRITICAL

Applies to

Written motion

A person seeking an order for confidential video records must give notice of the written motion to all parties, including the child’s Guardian ad Litem, if any.

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

Applies to

Emergency custody order

The party seeking an Emergency Custody Order must receive a copy before leaving the Family Court Clerk's Office.

A copy shall be provided to the party seeking the ECO prior to leaving the Floyd Family Court Clerk's Office.

CRITICAL

After the hearing, the petitioner must continue making 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.

WARNING

Applies to

Domestic motion

Motions on Post Decree, i .e . (domestic relations), matters should also give ten days notice prior to the date requested for the hearing, with notice on these matters to be given to the parties involved, in addition to the attorney of record .

Motions on Post Decree, i .e . (domestic relations), matters should also give ten days notice prior to the date requested for the hearing, with notice on these matters to be given to the parties involved, in addition to the attorney of record .

WARNINGCivil cases

Discovery served before the Case Management Meeting is deemed served on the day after the meeting.

Any discovery served prior to the Case Management Meeting shall be deemed served on the day following the Case Management Meeting.

INFO

Notice to the applicable County Attorney may be provided by placing copies of the notice and motion in that County Attorney's basket at the Family Court Clerk's Office.

Notice to the Floyd, Knott, or Magoffin County Attorney may be accomplished by placing a copy of the notice and motion in the respective County Attorney basket located in the respective Family Court Clerk's Office.