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

CRITICAL

Applies to

Judgment and final sentencing order

For criminal cases, the Clerk must specify the delivery mode for judgments and final sentencing orders.

In criminal cases, the Clerk shall specify mode of delivery of judgments and final sentencing orders.

CRITICAL

The Clerk must give notice of the dismissal order to appearing attorneys of record or to unrepresented parties.

Notic of the entry of an order of dismissal shall be given by the Clerk to the attomeys of record, who have appeared in the case or to the partics, if unrepresented.

CRITICAL

Applies to

Motion to withdraw as counsel

When a motion requests an attorney's withdrawal, the attorney must also serve the client with a copy by the filing date.

If the motion includes a request for an attorney to withdraw as counsel of record for a client, the attorney shall also serve a copy of the motion upon the client on or before the date of filing of the motion.

CRITICAL

Applies to

Motion and notice

The attorney must serve the client with copies of the withdrawal motion and hearing notice.

A copy of the motion and notice shall be served upon the client.

CRITICAL

Applies to

Motion and proposed order

Service

Personal service to all parties

The moving party must serve the motion and proposed order on all other attorneys of record or, if unrepresented, the parties within a reasonable time; generally, hand service is made within three days.

(4) The moving party shall file with the motion a proposed order to be entered and serve the order, together with the motion, on all other attorneys of record, or the partics if unrepresented, within a reasonable time, but generally, in hand servicc, within three (3) days.

CRITICAL

If service has not been made by the date of transfer, the initiating court must re-issue the summons for up to 14 days or for a period the court determines necessary to protect the petitioner.

Any active EPO or TIPO shall continue, and the summons shall be re-issued by the initiating court for a period not to exceed 14 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.

CRITICAL

Applies to

Order approving warning order fee

To pay a warning order fee from sale proceeds, the plaintiff's attorney or warning order attorney must serve the approving order on the Commissioner before the motion for distribution.

For payment of a waring order fee from proceeds of sale, the plaintiff's attorney or the warning order attorney must serve a copy of the order approving the fee on the Commissioner before motion for distribution.

CRITICALCriminal cases

The court may void a person’s participation in diversion after a hearing and notice to the Commonwealth and defendant, upon a showing of noncompliance or unsatisfactory progress.

After a hearing, with notice to the Commonwealth and to 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

For an order without a “Have Seen,” all attorneys of record must be served with a copy, and the order must include a certificate showing service.

Orders not containing a "Have Seen" shall contain a certificate of service showing that all attorneys of record have been served with a copy

CRITICAL

Applies to

Motion

The movant must serve a copy of the motion on each party by the filing date, except parties in default for failure to appear.

The movant shall serve a copy of the motion upon each party, except those in default for failure to appear, on or before the date of filing of the motion.

CRITICAL

The Clerk must serve notice of the intention to dismiss on appearing counsel or, when a mailing address is known, the parties.

It shall be the duty of the Clerk to serve notice to counsel of record for all parties who have appeared, or to the parties if a mailing address is known, notifying each party of such intention.

CRITICAL

A party filing written objections must send all parties notice to appear before the Court at the next regularly scheduled motion day.

If written objections are filed, the party(ies) filing said objection(s) shall send notice to all parties to appear before the Court at the next regularly scheduled motion day.

CRITICAL

A motion filed under CR 78(2) must have been served on all parties, including the client.

This motion has been served upon all parties, including the client.

CRITICAL

Applies to

Title opinion

The moving party must provide the Master Commissioner a 30-year title opinion signed by a Kentucky-licensed lawyer before the Commissioner must schedule the sale, or may have the Commissioner hire a qualified title attorney.

(Z) A 30-year opinion of title on the property to be sold, signed by a lawyer licensed to practice in Kentucky, shall be served on the Master Commissioner by the party that moved for sale prior to the Commissioner's having to schedule sale. Alternatively, the moving party may have the Commissioner hire an attorney who is familiar with title examination in the County to provide an opinion of title.

CRITICAL

Applies to

Judgment and order

The Clerk must distribute signed judgments and orders to the persons listed and certify delivery by checking the list and initialing and dating it.

The Circuit Clerk of each Court shall distribute copies of all judgments and orders signed by the Judge by mail or delivery to the persons listed under distribution or similar language and shall certify mailing or delivery by making a check mark by the person listed and shall initial and date the same at the bottom of the distribution list.

CRITICAL

Applies to

Exhibit and witness list

For a contested adoption or involuntary termination hearing, the parties must exchange intended exhibit and witness lists at least 14 days before the hearing unless otherwise ordered or affirmatively waived; unidentified items may be excluded, rebuttal evidence remains admissible, and civil discovery deadlines are unchanged.

No later than 14 days before the final hearing of a contested adoption or petition for involuntary termination of parental rights, unless otherwise ordered or affirmatively waived, the parties shall exchange a list of exhibits and witnesses that each intends to use or have testify at the hearing. Witnesses shall be identified by name, address, and summary of anticipated testimony. Exhibits or witnesses not identified pursuant to this rule may be excluded. This rule is not intended to limit the admissibility of rebuttal evidence. These deadlines do not alter discovery deadlines set by the civil rules.

CRITICAL

Applies to

Judicial sale motion and tendered judgment or order of sale

Copies of judicial-sale motions and any judgments or orders of sale tendered with them must be served on the Master Commissioner under CR 5.

Copies of motions for judicial sales and judgments and orders of sale tendered therewith shall be served on the Court's Master Commissioner, as upon other parties not in default pursuant to CR 5.

CRITICAL

Deadline

5 business days

Unless good cause is shown, a motion must be served on each party at least five business days before its scheduled hearing, except parties in default for failure to appear.

Except for good cause shown, a motion shall be filed with the circuit clerk and served upon each party, except those in default for failure to appear, no less than five business days prior to the date the motion is scheduled to be heard.

CRITICAL

Deadline

3 business days

(3) To facilitate the preparation of motion day dockets, all motions shall be filed, served and received in the Clerk's Office by the close of business on the third business day prior to motion day. (Saturday and Sunday are not considered business days for purposes of this rule.)

(3) To facilitate the preparation of motion day dockets, all motions shall be filed, served and received in the Clerk's Office by the close of business on the third business day prior to motion day. (Saturday and Sunday are not considered business days for purposes of this rule.)

WARNING

Applies to

Summons

If the adverse party has not been served by the date of transfer, the initiating court must re-issue the summons for no more than 14 days, unless the court determines a different period is necessary to protect the petitioner.

the summons shall be re-issued by the initiating court for a period not to exceed 14 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.