Hardin Circuit Court Service and Proof of Service Rules

CRITICAL

The Clerk must distribute orders by mail to unrepresented parties or by delivery or placement in attorneys’ assigned office receptacles, and certify each distribution on the list with a check mark, initials, and date.

The Clerk shall distribute copies of all orders by mail to any unrepresented party or delivery or placement in the receptacles assigned for the attorneys in the clerk's office to the persons listed under DISTRIBUTION and shall certify such mailing, delivery or placement 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

Bid assignment

When a purchaser at a judicial sale assigns the bid to a third party, the purchaser must provide a copy of the assignment to the Master Commissioner.

If the purchaser at a judicial sale desires to assign the bid to a third party, then this assignment shall be tendered to the Clerk for filing. The purchaser shall provide a copy of the assignment to the Master Commissioner.

CRITICAL

All parties must receive at least five days’ notice of hearings and reviews, except when good cause is shown or an emergency exists.

Except in cases where good cause is shown or an emergency exists, all parties shall be given a minimum of five (5) days notice of all hearings and reviews.

CRITICAL

Copies of listed exhibits must be provided to opposing counsel or unrepresented opposing parties, unless the exhibits are too cumbersome and voluminous, in which case they must be made available for viewing.

A copy of all exhibits listed with the Clerk shall be provided to all opposing counsel or parties answering and not represented by counsel, unless said exhibits are too cumbersome and voluminous as to make same impracticable, in which case such exhibits shall be made available for viewing by all opposing counsel or parties answering and not represented by counsel.

CRITICAL

Proof that the adverse party was served must be filed in the record before the motion is heard.

(4) Proof of service on the adverse party must be filed in the record before the motion will be heard.

CRITICAL

Every post-judgment motion must be served on the opposing party.

All post-judgment motions must be served upon the opposing party.

CRITICAL

Applies to

Post judgment motion

All post-judgment motions must be served on the opposing party.

All post-judgment motions must be served upon the opposing party.

CRITICAL

Proof of service on the adverse party must be filed in the record or placed in opposing counsel’s Clerk’s Office mail slot before the motion is heard.

E. Proof of service on the adverse party must be filed in the record or by placing same in the mail slot allotted to opposing counsel in the Clerk’s office before the motion will be heard.

CRITICAL

Proposed jury instructions must be served on counsel for all adverse parties by 7 days before trial.

On or before 7 days prior to said trial date, each party shall file with the Court and serve on counsel for all adverse parties proposed jury instructions.

CRITICAL

Notice of a post-judgment motion must be served on the adverse party and any attorney of record at least ten days before the noticed Rule Day, using the specified service methods.

Notice of such a motion must be served upon the adverse party and his attorney of record, if any, at least ten days prior to the Rule Day for which the motion is noticed. Service upon the adverse party shall be as described in CR 4.01. Service upon the opposing attorney of record shall be as described in CR 5.02, or by placing a copy of the motion of same in the box provided for them in the Office of the Hardin Circuit Court Clerk.

CRITICALCriminal cases

The circuit clerk must serve notice of the Notice of Termination on the parties, their attorneys, and probation and parole.

The Notice of Termination and Affidavit of Violations shall be filed in the official record by the circuit clerk, who shall serve notice of the notice of termination on the parties, their attorneys, and probation and parole.

CRITICAL

A prejudgment motion must be served by midnight on the Wednesday before its Rule Day hearing, using the specified civil-rule methods or the opposing counsel’s Clerk’s-office mail slot.

- A. Prejudgment Proceedings -- A prejudgment motion for a Rule for failure to abide by the provisions of a pendente lite order shall be served upon opposing counsel, or party not represented by counsel, no later than midnight on the Wednesday immediately preceding the Rule Day on which the motion is to be heard. Service shall be pursuant to Civil Rule 5.01 and as described in Civil Rule 5.02, or by placing a copy of the motion in the mail slot allotted to opposing counsel in the Clerk's office.

CRITICAL

Applies to

Discovery

The Commonwealth must provide available discovery at arraignment, but may wait until counsel appears for the case.

The Commonwealth shall provide discovery then available to the defendant or his or her counsel at the arraignment, or the Commonwealth may elect to wait until counsel have entered an appearance as counsel for the case to provide discovery.

CRITICAL

The Hardin County Attorney must notify all parties, applicable CASA and Foster Care Review Board representatives, and counsel of proceedings they have not previously been notified about, including dispositional reviews.

The Hardin County Attorney shall notify all parties, including CASA and the Foster Care Review Board, if applicable, and counsel of all proceedings which have not been previously noticed to them, including dispositional reviews.

CRITICALCriminal cases

The circuit court clerk must serve notice of the Notice of Termination on the parties, their attorneys, and probation and parole.

The Notice of Termination shall be filed in the official record by the circuit court clerk, who shall serve notice of the Notice of Termination on the parties, their attorneys, and probation and parole.

CRITICAL

After the hearing, the Petitioner must continue diligent efforts to locate and notify all persons who were not served.

The Petitioner shall make continuing diligent efforts after the hearing to locate and notify all persons who were not served.

CRITICAL

Applies to

Tendered judgment and order of sale

A copy of the tendered judgment and order of sale must be served on the Master Commissioner when the motion is filed.

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

Each motion must be served by midnight on the preceding Wednesday on opposing counsel or an unrepresented party entitled to notice, using the specified methods.

Each motion shall be served upon opposing counsel, or party not represented by counsel and entitled to notice, no later than midnight on the Wednesday immediately preceding the Rule Day for which the motion has been noticed. Service shall be as described in Civil Rule 5.02 or by placing a copy of the motion in the mail slot allotted to that opposing counsel in the Clerk's office.

CRITICAL

Motions must be served by midnight on the preceding Wednesday using a method described in CR 5.02 or by placing a copy in opposing counsel’s designated Clerk’s-office mail slot.

Each motion shall be served upon opposing counsel, or party not represented by counsel and entitled to notice, no later than midnight on the Wednesday immediately preceding the Rule Day for which the motion has been noticed. “Service” shall be as described in CR 5.02 or by placing a copy of the motion in the mail slot allotted to that opposing counsel in the Clerk’s office located in the Hardin County Justice Center.

CRITICAL

A pre-judgment motion for a rule concerning violation of a pendente lite order must be served on opposing counsel or an unrepresented party by midnight on the Wednesday before the Rule Day, using the stated service methods.

1. Pre-Judgment Proceedings - A pre-judgment motion for a Rule for failure to abide by the provisions of a pendente lite order shall be served upon opposing counsel, or party not represented by counsel, no later than midnight on the Wednesday immediately preceding the Rule Day on which the motion is to be heard. “Service” shall be pursuant to CR 5.01 and as described in CR 5.02, or by placing a copy of the motion in the mail slot allotted to opposing counsel in the Clerk’s Office.

CRITICAL

Copies of listed exhibits must be provided to opposing counsel or unrepresented answering parties, unless impracticable because the exhibits are too cumbersome and voluminous, in which case they must be available for viewing.

A copy of all exhibits listed with the Clerk shall be provided to all opposing counsel or parties answering and not represented by counsel, unless said exhibits are too cumbersome and voluminous as to make same impracticable, in which case such exhibits shall be made available for viewing by all opposing counsel or parties answering and not represented by counsel.

CRITICAL

Applies to

Post judgment motion

Notice of a post-judgment motion must be served on the adverse party and any attorney of record at least ten days before the noticed Rule Day, using the specified service methods.

Notice of such a motion must be served upon the adverse party and his attorney of record, if any, at least ten (10) days prior to the Rule Day for which the motion is noticed. Service upon the adverse party shall be as described in Civil Rule 4.01. Service upon the opposing attorney of record shall be as described in Civil Rule 5.02, or by placing a copy of the motion in the mail slot allotted to opposing counsel in the clerk's office.

CRITICAL

Service

Court service

The Clerk must immediately serve notice of the report filing on all parties entitled to notice of entry of final judgment.

The Clerk shall immediately serve notice of the filing upon all parties who would be entitled to notice of entry of a final judgment.

WARNING

A party may serve written objections or exceptions on the other parties within ten days after service of notice of the report filing.

Within ten (10) days after being served with notice of the filing of the report, any party may serve written objections or exceptions thereto upon the other parties.

WARNING

Applies to

Discovery

The Commonwealth need not provide discovery again because the defendant changed counsel.

The Commonwealth will not be required to provide discovery more than once as a result in a change of counsel for the defendant.

WARNING

If a second parent or person exercising custodial control or supervision was not served with the petition before a hearing but is later notified, the Court must hear the matter and give preference to statutory actions seeking custody.

If the second parent or persons exercising custodial control or supervision has not been served with the petition prior to a hearing but subsequently notified of the proceedings, the Court shall hear the matter, giving preference to statutory actions seeking entitlement of custody.

WARNING

The Judge may allow a temporary removal or adjudicatory hearing to proceed without service on one parent if the record establishes the Petitioner’s diligent efforts to serve the other parties in time for them to prepare and participate, including the specified search efforts.

The Judge may permit the temporary removal hearing or the adjudicatory hearing to go forward when one parent has not been served if it is established on the record that Petitioner has made diligent efforts to serve all other parties in time to permit them to prepare for and participate in the hearing, including initiating contact with the Child Support Division of the County Attorney’s Office in an attempt to locate any absent parent and including taking other measures in compliance with statutory requirements.

WARNING

Reports should also be forwarded to all parties or their counsel.

Additionally, reports should be forwarded to all parties or their counsel.

INFO

The Clerk may prepare and deliver to the Sheriff for service a summons requested by appointed counsel or a Guardian ad Litem.

The Clerk may prepare and deliver to the Sheriff for service a summons requested by appointed counsel and Guardians ad Litem.