Harlan Circuit Court Service and Proof of Service Rules

CRITICAL

If referenced exhibits or their copies were not filed and served on the opposing party, opposing counsel must notify the serving party in writing or by facsimile within a reasonable time after receipt.

If any exhibits, or copy thereot, referred to in a pleading or motion as part thereot, is not filed and served upon the opposing party, then opposing counsel must advise, in writing or by facsimile, the party serving such pleading or motion of the oversight within a reasonable time following receipt thereof.

CRITICAL

The required accompanying memoranda or briefs and proposed findings, conclusions, and judgments must be served on opposing parties under CR5.01.

All cases submitted on depositions, other than uncontested divorces, shall be accompanied by legal memorandums or briefs (with appropriate cites to the transcript of testimony, the transcript of the record, and legal authorities) and proposed Findings of Fact, Conclusions of Law, and Judgments, all of which shall be served on opposing parties, pursuant to the provisions of CR5.01.

CRITICALCriminal cases

The Court may revoke or void diversion only after a hearing on notice by the Commonwealth’s Attorney and a showing of noncompliance or unsatisfactory progress.

After a hearing on notice by the Commonwealth's Attorney, the Court may revoke or void a person's pretrial diver- sion program upon a showing of failure to comply with the conditions of diversion or failure to make satisfactory progress

CRITICAL

Applies to

Rule or show cause order

A contempt rule or show-cause order may not be heard sooner than five days after service unless otherwise ordered, and no hearing may occur unless an officer authorized to serve a summons has served it on the alleged contemnor.

said rule or show cause order shall not come on for hearing any sooner than five days from the date the rule or show cause order is served, unless otherwise ordered and no rule shall come on for hearing unless the same has been served on the person alleged to be in contempt by an officer authorized, by law, to serve a summons.

CRITICAL

Applies to

Rule or show cause order

The rule or show-cause order must be served with the initiating motion and affidavit when applicable, including when the order was issued ex parte.

The rule or show cause order shall be served together with a copy of the motion and affidavit (if applicable) which initiated said rule or order (if said rule or order was issued ex parte)

CRITICALCriminal cases

A pretrial diversion petition must be made with notice to the Commonwealth's Attorney.

An eligible person may petition the circuit court, with notice to the Commonwealth's Attorney, for the entry of a pretrial diversion order not less than seven (7) days before sentencing

INFO

Applies to

Order decree or judgment

Counsel may waive service of an order, decree, or judgment and notice of its entry in writing or by memorializing the waiver on the record.

Counsel may waive, in writing or otherwise memorialize by record, the service of any order, decree, or judgment and the notice of the entry thereof.