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

CRITICAL

Motions before the Domestic Relations Commissioner must be served on the Commissioner and opposing counsel, or on an unrepresented party.

All motions shall be served on the Domestic Relations Commissioner and on the opposing counsel or upon a party, if the party is not represented by counsel.

CRITICAL

If service has not been made by the date of transfer, the emergency protective order continues and the summons is reissued for up to 14 days or as the court determines necessary to protect the petitioner, with further reissuance as needed in the transfer court.

Consistent with FCRPP 12, the emergency protective order shall continue and the summons reissued by the Tenth Judicial District Court or the Fifty-Seventh Judicial District Court, pursuant to KRS 403.740(4), for a period not to exceed fourteen (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. Thereafter, reissuance of the summons shall occur as needed in the court of transfer.

CRITICAL

The Clerk's Office must distribute an unredacted child support order to the child enforcement agency, if applicable, and to the parties.

The Clerk's Office shall then distribute an unredacted copy of the child support order to the child enforcement agency, if applicable, and to the parties.

CRITICAL

Applies to

Written objections or exceptions

A party may serve written objections or exceptions on the other parties within 10 days after service of notice that the report was filed.

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 .

CRITICAL

Applies to

Post judgment motion

A post-judgment motion must be served on the party in accordance with Civil Rule 4.04.

If a party is filing a post judgment motion, service must be perfected on the party as set forth in Civil Rule 4.04.

CRITICAL

The redacted copy must then be served on the respondents.

The redacted copy shall then be served on the respondents).

CRITICAL

A party may serve written objections to the commissioner’s report on the other parties within ten days after entry of the notice; if no objection is timely served, the court may adopt the report.

Within ten (10) days of the entry of this notice, any party may serve written objections to the report upon the other parties . Unless written objection is served by any party on the other parties within ten days after the date of entry of this notice, the court may adopt the report of the commissioner as submitted.

CRITICAL

The Clerk's Office must distribute an unredacted copy of the child support order to the child enforcement agency, if applicable, and to the parties.

The Clerk's Office shall then distribute an unredacted copy of the child support order to the child enforcement agency, if applicable, and to the parties.

CRITICAL

The redacted copy must then be served on the respondents.

The redacted copy shall then be served on the respondents).

CRITICAL

The parties must exchange expected trial witness lists and exhibits at least 14 days before trial; failure to disclose may result in exclusion or other relief.

No later than fourteen (14) days prior to the trial date, the parties shall exchange witness lists and exhibits expected to be introduced at trial . Failure to make these disclosures may result in the exclusion of witnesses and exhibits at trial, or other appropriate relief, in the discretion of the Commissioner.

CRITICAL

Within 45 days of arraignment, the Commonwealth must provide the Defendant the listed discovery materials; the excerpt ends mid-sentence.

Within 45 days of arraignment, the Commonwealth shall provide to the Defendant a copy of the Grand Jury tape, all information required under RCr 7 .24 and 7.26, all exculpatory evidence, all aspects of line-ups or show-ups, copies of all oral, recorded or written statements made by Defendant or other persons, information received from a confidential informant, copies ofall search warrants, search warrant affidavits and search warrant returns, names and addresses of witnesses the Commonwealth may call at trial, and the nature of any promises or agreements made by the Commonwealth to secure

CRITICAL

Motions before the presiding judge must be served on opposing counsel, or on the party if that party is not represented by counsel.

All motions shall be served on opposing counsel or upon a party, if the party is not represented by counsel.

CRITICAL

The Clerk must distribute orders by mail, delivery, or placement in attorneys' assigned Clerk's Office receptacles, and certify the distribution on the list with a check mark, initials, and date.

The Clerk shall distribute copies of all orders by mail 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

Deadline

48 hours

Applies to

Motion

Service

Personal service

When service is made in person, motions must be served at least 48 hours before the hearing, excluding Saturdays, Sundays, and holidays.

All motions shall be filed and served not later than forty-eight (48) hours prior to the scheduled hearing on the motion, excluding Saturdays, Sundays, and holidays, if service is made in person.

CRITICAL

A party may serve written objections or exceptions to the Commissioner's Report on the other parties within 10 days after being served with notice of filing.

Pursuant to FCRPP 4(4)(a), within ten (10) days of being served with the notice of filing of the Commissioner's Report, any party may serve written objections or exceptions thereto upon other parties.

CRITICAL

Deadline

48 hours

Service

Personal service

Motions served in person must be served at least 48 hours before the hearing, excluding Saturdays, Sundays, and holidays.

All motions shall be filed and served not later than forty-eight (48) hours prior to the scheduled hearing on the motion, excluding Saturdays, Sundays, and holidays, if service is made in person.

CRITICAL

The Clerk must distribute orders by mail, delivery, or placement in attorneys’ assigned office receptacles to the people listed under DISTRIBUTION.

The Clerk shall distribute copies of all orders by mail or delivery or placement in the receptacles assigned for the attorneys in the clerk's office to the persons listed under DISTRIBUTION

CRITICALCriminal cases

The circuit clerk must serve notice of the 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

Post-final-judgment motions must initially be brought by show cause rule and served on the party under CR 4.04.

All post final judgment motions shall initially be brought by show cause rule with service to be perfected on the party as set forth in CR 4.04.

CRITICAL

Applies to

Commissioners report

Service

Court service to all parties

After the report is filed, the Clerk must serve notice of filing and a copy of the report on all parties who appeared.

The Commissioner's Report shall be filed with the Clerk of the Court who shall henceforth serve notice of the filing and a copy ofthe Report upon all parties who have appeared in the action.

CRITICAL

Applies to

Motion

Motions must be served on the Domestic Relations Commissioner and opposing counsel, or on an unrepresented party.

All motions shall be served on the Domestic Relations Commissioner and on the opposing counsel or upon a party, if the party is not represented by counsel.

CRITICAL

Service

Court service

After the report is filed, the Clerk must serve notice of filing and a copy of the report on all parties who have appeared in the action.

The Commissioner's Report shall be filed with the Clerk of the Court who shall henceforth serve notice of the filing and a copy of the Report upon all parties who have appeared in the action.

CRITICAL

The Clerk must distribute orders to the persons listed under DISTRIBUTION by mail, delivery, or placement in attorneys' assigned receptacles, and certify the distribution with a check mark, initials, and date on the distribution list.

The Clerk shall distribute copies of all orders by mail 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.

CRITICALCriminal cases

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

who shall serve notice of the Notice of Termination on the parties, their attorneys, and probation and parole.

CRITICAL

Applies to

Notice of appeal designation of record order to proceed in forma pauperis

The attorney filing a Notice of Appeal, Designation of Record, or Order to Proceed in forma pauperis must send a copy to the Court Reporter.

A copy of any Notice ofAppeal, Designation of Record or Order to Proceed in forma pauperis shall be sent to the Court Reporter by the attorney filing same.

CRITICAL

Applies to

Motion

Motions must be served on opposing counsel, or on the party if unrepresented.

All motions shall be served on opposing counsel or upon a party, if the party is not represented by counsel.

CRITICAL

Applies to

Motion

Each motion must be served on opposing counsel or, if the opposing party is unrepresented, on that party.

Each motion shall be served on opposing counsel or a party, ifnot represented by counsel.

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

Service

Court service to all parties

After the Commissioner's Report is filed, the Clerk must serve notice of filing and a copy of the Report on all parties who have appeared in the action.

The Commissioner's Report shall be filed with the Clerk of the Court who shall henceforth serve notice of the filing and a copy of the Report upon all parties who have appeared in the action.

CRITICAL

Applies to

Post judgment motion

A post-judgment motion must be served on the party as provided in Civil Rule 4.04.

If a party is filing a post judgment motion, service must be perfected on the party as set forth in Civil Rule 4.04.

WARNING

A motion need be served on the Court only if its subject matter may be contested; a motion simply to set a matter for trial need not be served on the Court.

served on the Court only when the subject matter of the Motion may be contested. (For example, if the Motion is simply to set a matter for trial, there is no need to serve a copy on the Court).

WARNING

Subpoena service by law office personnel or a party is considered a cost when the sheriff would be compensated for similar service.

To the extent that the sheriff would be compensated for similar service, service of subpoena by law office personnel or a party will be considered as costs when assessing costs.

WARNING

Applies to

Motion

Service

Mail to opposing party

Copies to opposing counsel may be served by mail; in that circumstance, the motion must be filed at least five days before the hearing.

If copies to opposing counsel are served by mail, said motion must be filed not later than five (5) days prior to the day of said hearing on the motion.

WARNING

A motion need be served on the Court only if its subject matter may be contested; a motion simply to set a matter for trial need not be served on the Court.

served on the Court only when the subject matter of the Motion may be contested. (For example, if the Motion is simply to set a matter for trial, there is no need to serve a copy on the Court).

WARNING

A party may serve written objections or exceptions on the other parties within 10 days after being served with notice that the Commissioner's Report was filed.

Pursuant to FCRPP 4(4)(a), within ten (10) days of being served with the notice of filing of the Commissioner's Report, any party may serve written objections or exceptions thereto upon other parties.