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

CRITICAL

If the adverse party is not personally before the Court, the motion must be served in the same manner as a summons.

If an adverse party is no: personally before the Court, the motion shall be served upon the adverse party in the same manner as required for service of a summons.

CRITICALCivil cases

A proceeding may be restored to the docket without notice, but a matter modifying an existing order or condition cannot be heard without appropriate service on and notice to all parties.

Restoration of Domestic Relations Proceedings to the Court Docket subsequent to the matter having been stricken therefrom may be made without notice, but no matters modifying existing orders or conditions therein shall be heard without appropriate service on and notice to all parties.

CRITICALCivil cases

Applies to

Status quo order motion

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

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

CRITICALCivil cases

If service has not been made by the transfer date, the initiating court must reissue the summons for up to fourteen days or as the court determines necessary for the petitioner’s protection; the receiving court reissues it as needed thereafter.

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.

CRITICALCivil cases

Applies to

Motion

If the adverse party is not personally before the court, serve the motion as a summons; after the party appears before the court, serve under the Rules of Civil Procedure.

If an adverse party is not personally before the Court, the motion shall be served upon the adverse party in the same manner as required for service of a summons. After a party is before the Court, service shall be had as provided in the Rules of Civil Procedure.

CRITICAL

After a party is before the Court, service must follow the Rules of Civil Procedure.

After a party is before the Court, service shall be had as provided in the Rules of Civil Procedure.

CRITICAL

A domestic relations matter may be restored to the docket without notice, but a matter modifying an existing order or condition may not be heard without appropriate service and notice to all parties.

13.05 Restoration of Domestic Relations Proceedings to the Court Docket subsequent to the matter having been stricken therefrom may be made without notice, but no matters modifying existing orders or conditions therein shall be heard without appropriate service on and notice to all parties.

CRITICAL

Service

Mail

The certificate records service by first-class mail, postage prepaid, and serves as proof of service.

• I hereby certify that a true and correct copy of the foregoing was this day of , delivered by first class mail, postage prepaid, to: Attomey Address Telephone number with area code

CRITICALCivil cases

A motion seeking an order for confidential video records 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 of the request.

CRITICAL

Applies to

Motion

Any supporting affidavit(s) must be served on the adverse party together with the motion.

Each motion shall be verified or supported by affidavit(s) of the Movant, which shall be served upon the adverse party with the motion.

CRITICALCivil cases

Applies to

Affidavit

The movant's affidavit or affidavits must be served on the adverse party with the motion.

Each motion shall be verified or supported by affidavit(s) of the Movant, which shall be served upon the adverse party with the motion.

CRITICALCriminal cases

A motion to vacate and expunge a plea after successful completion of diversion must be made with notice to the Commonwealth.

with notice to the Commonwealth

CRITICAL

Service

Court service

After the report of sale is filed, the Clerk must promptly serve notice of the filing on parties entitled to notice of entry of a final judgment.

The Commissioner shall file his/her report of sale with the Clerk of the Court, who shall forthwith serve notice of the filing upon all parties who would be entitled to notice of entry of a final judgment.

CRITICAL

Deadline

5 working days

Applies to

Motion notice

A motion may not be heard unless the adverse party has been served with notice at least five working days before the hearing, except for emergency ex parte motions.

DrR 7: Notices adverse party has been served with notice of the bringing of the motion at least five (5) No motion, other than emergency ex parte motions, shall be heard by the court unless the working days prior to th:: date set for the hearing.

CRITICALCriminal cases

Before the court may void diversion for noncompliance or unsatisfactory progress, the defendant must receive notice and an evidentiary hearing must occur.

After an evidentiary hearing, with notice 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.

CRITICAL

Applies to

Motion

Withdrawal or substitution of counsel by leave of Court requires a proper motion with notice to all parties.

(B) Leave of Court upon proper motion with notice to all parties.

CRITICALCivil cases

Applies to

Motion

The respondent must give the petitioner notice of the motion without clerk assistance.

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

CRITICAL

The tendered judgment and order of sale must be served on the Master Commissioner at the time the motion is filed.

(E) A certificate that a copy of the tendered judgment and order of sale was served on the Master Commissioner at the time the motion is filed.

CRITICAL

Applies to

Discovery materials

The Commonwealth must provide all discovery to the Defendant within 30 days after arraignment and thereafter as permitted by criminal rule.

The Commonwealth will provide all discovery to the Defendant within thirty (30) days of arraignment and thereafter as permitted by criminal rule.

CRITICALCivil cases

At least five working days before mediation, the parties must exchange and provide the mediator the specified financial disclosures, issue and case-problem statements, supporting documents, and other requested information.

The parties shall exchange and provide to the mediator, in no less than five (5) working days prior to the mediation conference, the following: 1. Supplement to financial disclosure statement regarding any material change: 2. A short statement including definition of the issue to be addressed by the mediator and a brief narrative statement of any special problems affecting the case (e.g. closely held corporation, medical problems of any family member, etc.) a. Copies of all documents supporting valuation of assets; b. Copies of all documents verifying monthly payments and outstanding balances on all debts; and c. All information and copies of all documents requested by the mediator prior to the mediation conference.

WARNINGCivil cases

For receipt of post-judgment notices and motions, counsel of record is presumed to cease representing a party 30 days after entry of a final, appealable order or decree if no appeal is taken.

For purposes of responsibility for the receipt of notices and motions in post judgment practice, it shall be presumed that the representation of any party by counsel of record ceases upon the expiration of thirty (30) days after the entry of a final, appealable order or decree with no appeal having been taken.

WARNING

A motion to vacate and expunge a successfully completed diversion plea must be made with notice to the Commonwealth.

If the defendant successtilly completes the provisions of the pretrial diversion agreement, then upon motion, with notice to the Commonwealth, and upon payment of any appropriate fee or charge, except for good cause shown, his plea of guilty shall be vacated and expunged from the record, and shall not inculpale the Defendant for any purpose to the extent permitted by law.

WARNING

The court may void pretrial diversion after an evidentiary hearing with notice to the defendant and a showing of noncompliance or unsatisfactory progress.

After an evidentiary hearing, with notice to the defendant, the Court may voi: 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.

INFOCivil cases

Any party may serve written objections to the report on the other parties.

any party may serve written objections thereto upon the other parties.