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

CRITICAL

In civil contempt proceedings, the movant must serve and notify the non-moving party as required by CR 5.

The movant shall serve and notify the non-moving party as required by the Rules of Civil Procedure, namely CR 5;

CRITICAL

The movant must serve and notify the non-moving party under CR 5 and follow local practice rules for obtaining a contempt order.

The movant shall serve and notify the non-moving party as required by the Rules of Civil Procedure, namely CR 5; and rules of local practice for obtaining a contempt order shall be followed.

CRITICAL

Each side must provide the opposing party its intended trial witnesses' names and addresses and a brief testimony summary at least 20 days before trial.

C. Each side shall furnish the opposing party with the names and addresses of all witnesses that they intend to call at trial and a brief summary of the testimony not less than twenty (20) days prior to the scheduled trial date.

CRITICAL

Service

Mail

Upon receipt, the Clerk must immediately mail a photocopy of the summons-service return to the plaintiff's attorney.

The Clerks of the Court shall immediately, upon receipt, mail a photocopy of the return to the service of summons in any case to the Plaintiffs attorney.

CRITICAL

Applies to

Civil complaint

Service

Court service to clerk

When filing a civil complaint, leave the Clerk sufficient copies, including attorney names and true copies of all affidavits, jurats, and exhibits, for service on each defendant.

Whenever a civil complaint is filed, sufficient copies thereof, including the names of the attorneys and the true copies of all affidavits, jurats, and exhibits, shall be left with the Clerk for service on each defendant pursuant to Civil Rules of Procedure

CRITICAL

Service

Mail to all parties

After entry, the Clerk must mail attested copies of the order or judgment to all parties or their attorneys as required by the Rules of Civil Procedure.

After entry, the Clerk shall mail attested copies of the order or judgment to all parties or their respective attorneys as required by the Rules of Civil Procedure.

CRITICAL

Unless a statute, rule, or order provides otherwise, motions must be served on the opposing party or counsel the same day they are filed, by fax or actual service.

Unless otherwise provided by statute, rule, or order, motions shall be filed with the Clerk before the close of business on Monday preceding the scheduled motion hour and served that same day by fax or actual service on the opposing party or counsel.

CRITICAL

Applies to

Domestic motion

Domestic motions to be heard on a particular Motion Hour will be limited to those filed with the Clerk of the court before the close of business on the Monday preceding the scheduled motion hour and served that same day by fax or actual service on the opposing party or counsel.

Domestic motions to be heard on a particular Motion Hour will be limited to those filed with the Clerk of the court before the close of business on the Monday preceding the scheduled motion hour and served that same day by fax or actual service on the opposing party or counsel.

WARNING

Applies to

Summons

Consistent with FCRPP 12, when the local domestic and interpersonal violence protocol requires that a case be transferred to another circuit due to a pending dissolution or custody matter, an emergency protective order shall continue and the summons shall be reissued by the initiating 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 of transfer.

Consistent with FCRPP 12, when the local domestic and interpersonal violence protocol requires that a case be transferred to another circuit due to a pending dissolution or custody matter, an emergency protective order shall continue and the summons shall be reissued by the initiating 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 of transfer.

WARNING

Service

Mail

Service by mail requires three additional days’ notice.

Service, if made by mail, shall require three (3) additional days notice.