Graves Circuit Court Service and Proof of Service Rules

CRITICAL

Domestic motions to be heard on a particular Friday will be limited to those filed with the Clerk of the Court by 4:00 p.m. on the Friday preceding the scheduled motion hour and served that same day by fax, email, electronically through e-filing, or actual service on the opposing party or counsel. Service, if made by mail, shall require three (3) additional postal delivery days’ notice.

Domestic motions to be heard on a particular Friday will be limited to those filed with the Clerk of the Court by 4:00 p.m. on the Friday preceding the scheduled motion hour and served that same day by fax, email, electronically through e-filing, or actual service on the opposing party or counsel. Service, if made by mail, shall require three (3) additional postal delivery days’ notice.

CRITICAL

The party requesting a sale must serve a copy of the amount-to-be-raised statement on all parties and the Master Commissioner.

The party requesting the sale shall file a statement of the amount to be raised and serve a copy on all parties and the Master Commissioner.

CRITICAL

Motions must be served on the opposing party or counsel on the day they are filed, using fax, email, e-filing, or actual service.

Unless otherwise provided by statute, rule, or order, motions shall be filed with the Clerk by 4:00 p.m. on Monday preceding the Criminal Motion Hour and served that same day by fax, email, electronically through e-filing, or actual service on the opposing party or counsel.

CRITICAL

A Defendant seeking a hearing must notify the Master Commissioner in writing within seven days and send the Plaintiff’s attorney a copy of the request.

If you want a hearing, you must notify the Master Commissioner in writing within seven (7) days, and send a copy of your request to the attorney for the Plaintiff.

CRITICAL

After entry, the Clerk must deliver attested copies to all parties or their attorneys; delivery may be by hand, U.S. Mail, e-filing, email, or fax.

After entry, the Clerk shall deliver attested copies of the order or judgment to all parties or their respective attorneys as required by the Rules of Civil Procedure. Copies may be delivered by hand, U.S. Mail, electronically through the e-filing system, email, or fax.

CRITICAL

Upon receiving the Defendant’s hearing request, the Master Commissioner’s office must set the hearing date and time and notify the Defendant and Plaintiff’s counsel.

When the Defendant’s request is received, the Master Commissioner’s office shall set a date and time for a hearing and notify the Defendant and counsel for the Plaintiff of the date and time.

CRITICAL

Applies to

Trial evidence list

Except for good cause shown, before a case is heard at the pretrial conference, the parties shall comply with the following: 1. pleadings must be completed and the issues established; 2. discovery proceedings completed; 3. parties shall present to the Court at the pretrial conference written instructions incorporating the parties’ then understanding of the issues and the law without prejudice to the right to present further instructions as may be indicated by subsequent proceedings; 4. the parties shall be prepared at the pretrial conference to stipulate certain facts as to the admissibility of certain documents or other evidence, or withdraw certain allegations or defenses appearing in the pleadings, whenever possible; and if same can be done, without prejudice to the presentation of the case by either party; 5. in tort actions involving personal injury, the parties shall 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; 6. at least sixty (60) days prior to the pretrial conference, all parties shall exchange a list of witnesses intended to be called at the trial with a brief summary as to the testimony of each witness; 7. at least thirty (30) days prior to the pretrial conference, all parties shall exchange a list of all documents, charts, etc., intended to be introduced as evidence at the trial, and shall exchange a list of all stipulations they believe can be agreed upon at the pretrial conference.

Except for good cause shown, before a case is heard at the pretrial conference, the parties shall comply with the following: 1. pleadings must be completed and the issues established; 2. discovery proceedings completed; 3. parties shall present to the Court at the pretrial conference written instructions incorporating the parties’ then understanding of the issues and the law without prejudice to the right to present further instructions as may be indicated by subsequent proceedings; 4. the parties shall be prepared at the pretrial conference to stipulate certain facts as to the admissibility of certain documents or other evidence, or withdraw certain allegations or defenses appearing in the pleadings, whenever possible; and if same can be done, without prejudice to the presentation of the case by either party; 5. in tort actions involving personal injury, the parties shall 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; 6. at least sixty (60) days prior to the pretrial conference, all parties shall exchange a list of witnesses intended to be called at the trial with a brief summary as to the testimony of each witness; 7. at least thirty (30) days prior to the pretrial conference, all parties shall exchange a list of all documents, charts, etc., intended to be introduced as evidence at the trial, and shall exchange a list of all stipulations they believe can be agreed upon at the pretrial conference.

CRITICAL

Applies to

Witness list

Except for good cause shown, before a case is heard at the pretrial conference, the parties shall comply with the following: 1. pleadings must be completed and the issues established; 2. discovery proceedings completed; 3. parties shall present to the Court at the pretrial conference written instructions incorporating the parties’ then understanding of the issues and the law without prejudice to the right to present further instructions as may be indicated by subsequent proceedings; 4. the parties shall be prepared at the pretrial conference to stipulate certain facts as to the admissibility of certain documents or other evidence, or withdraw certain allegations or defenses appearing in the pleadings, whenever possible; and if same can be done, without prejudice to the presentation of the case by either party; 5. in tort actions involving personal injury, the parties shall 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; 6. at least sixty (60) days prior to the pretrial conference, all parties shall exchange a list of witnesses intended to be called at the trial with a brief summary as to the testimony of each witness;

Except for good cause shown, before a case is heard at the pretrial conference, the parties shall comply with the following: 1. pleadings must be completed and the issues established; 2. discovery proceedings completed; 3. parties shall present to the Court at the pretrial conference written instructions incorporating the parties’ then understanding of the issues and the law without prejudice to the right to present further instructions as may be indicated by subsequent proceedings; 4. the parties shall be prepared at the pretrial conference to stipulate certain facts as to the admissibility of certain documents or other evidence, or withdraw certain allegations or defenses appearing in the pleadings, whenever possible; and if same can be done, without prejudice to the presentation of the case by either party; 5. in tort actions involving personal injury, the parties shall 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; 6. at least sixty (60) days prior to the pretrial conference, all parties shall exchange a list of witnesses intended to be called at the trial with a brief summary as to the testimony of each witness;

CRITICAL

Applies to

Writ or order of attachment or garnishment

Counsel for the plaintiff may choose to serve attachment and garnishment writs or orders directed to third-party garnishees by regular first-class mail, certified mail with return receipt requested, or personal service by a person authorized under CR 45.03.

All writs and orders of attachment and garnishment directed to third-party garnishees, such as employers and financial institutions, may be served, at the option of counsel for Plaintiff, by regular first class mail, certified mail return receipt requested, or may be personally served by any person authorized to serve a subpoena pursuant to CR 45.03.

CRITICAL

Motions must be served on the opposing party or counsel on the day they are filed, by fax, email, e-filing, or actual service.

and served that same day by fax, email, electronically through e-filing, or actual service on the opposing party or counsel.

CRITICAL

Confidential motions to be heard on a particular Friday will be limited to those filed with the Clerk of the Court by 4:00 p.m. on the Friday preceding the scheduled motion hour and served that same day by fax, email, electronically through e-filing, or actual service on the opposing party or counsel. Service, if made by mail, shall require three (3) additional postal delivery days’ notice.

Confidential motions to be heard on a particular Friday will be limited to those filed with the Clerk of the Court by 4:00 p.m. on the Friday preceding the scheduled motion hour and served that same day by fax, email, electronically through e-filing, or actual service on the opposing party or counsel. Service, if made by mail, shall require three (3) additional postal delivery days’ notice.

CRITICAL

Each side must provide the opposing party with intended trial witnesses’ names and addresses and a brief testimony summary at least 14 days before trial.

D. 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 fourteen (14) days prior to the scheduled trial date.

CRITICAL

Service

Mail to opposing party

Service by mail requires three additional postal delivery days’ notice.

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

CRITICAL

Notice of the judicial sale shall be given by the posting of handbills at the at the Graves County Temporary Court Facility (or the permanent Graves County Judicial Facility once it is built), the Graves County Clerk/Deed Room, at or near the property,

Notice of the judicial sale shall be given by the posting of handbills at the at the Graves County Temporary Court Facility (or the permanent Graves County Judicial Facility once it is built), the Graves County Clerk/Deed Room, at or near the property,

CRITICAL

Absent good cause, pretrial motions other than motions in limine must be served before the pretrial conference.

Absent good cause shown, all pretrial motions, excluding motions in limine, shall be filed and served prior to the pretrial conference, requesting a special hearing date for any motion requiring testimony or argument anticipated to last more than fifteen (15) minutes.

CRITICAL

A contempt rule may not be heard sooner than five days after service, unless otherwise ordered, and must be served on the person in contempt by an authorized officer or be accepted or acknowledged by the party or counsel.

which rule shall not come on for hearing sooner than five (5) days from the date the rule is served, unless otherwise ordered; and no rule shall come on for hearing unless the same has been served upon the person in contempt by an officer authorized to serve a summons, accepted or acknowledged by the party or the party’s counsel.

WARNING

Except for good cause shown, before a case is heard at the pretrial conference, the parties shall comply with the following: 1. pleadings must be completed and the issues established; 2. discovery proceedings completed; 3. parties shall present to the Court at the pretrial conference written instructions incorporating the parties’ then understanding of the issues and the law without prejudice to the right to present further instructions as may be indicated by subsequent proceedings; 4. the parties shall be prepared at the pretrial conference to stipulate certain facts as to the admissibility of certain documents or other evidence, or withdraw certain allegations or defenses appearing in the pleadings, whenever possible; and if same can be done, without prejudice to the presentation of the case by either party; 5. in tort actions involving personal injury, the parties shall 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;

Except for good cause shown, before a case is heard at the pretrial conference, the parties shall comply with the following: 1. pleadings must be completed and the issues established; 2. discovery proceedings completed; 3. parties shall present to the Court at the pretrial conference written instructions incorporating the parties’ then understanding of the issues and the law without prejudice to the right to present further instructions as may be indicated by subsequent proceedings; 4. the parties shall be prepared at the pretrial conference to stipulate certain facts as to the admissibility of certain documents or other evidence, or withdraw certain allegations or defenses appearing in the pleadings, whenever possible; and if same can be done, without prejudice to the presentation of the case by either party; 5. in tort actions involving personal injury, the parties shall 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;