Henderson Circuit Court Service and Proof of Service Rules

CRITICAL

The Clerk must ensure that a copy is presented to the Henderson County Sheriff's Office for service upon the Respondent.

the clerk shall insure that a copy is presented to the Henderson County Sheriff's office for service upon the Respondent.

CRITICAL

Copies must be mailed or hand-delivered to the opposing party, or placed with a process server, by 4:30 p.m. that same day.

with copies to be mailed or hand delivered to opposing party or placed with a process server on that same day by 4:30 p.m.

CRITICAL

Applies to

Order or judgment

Counsel preparing an order or judgment must give the Clerk enough copies and properly addressed stamped envelopes to complete service when required.

Counsel preparing the order or judgment shall also deliver to the Clerk a sufficient number of copies together with properly addressed stamped envelopes to permit the Clerk to complete service thereof when required by CR 77 .04 .

CRITICAL

The written motion must include notice to all parties and to the child's Guardian ad Litem, if any.

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 for the request.

CRITICAL

The Clerk must ensure that a copy is presented to the Henderson County Sheriff’s Office for service on the Respondent.

the clerk shall insure that a copy is presented to the Henderson County Sheriff's office for service upon the Respondent.

CRITICAL

An attorney seeking to withdraw must give adequate notice to the client and opposing counsel.

When an attorney of record wishes to cease representation of a party, he or she shall file a motion therefore and give adequate notice to his or her client and opposing counsel

CRITICAL

with copies being mailed or hand-delivered to opposing party or counsel or placed with a process server by 4:30 p.m. on that same date.

with copies being mailed or hand-delivered to opposing party or counsel or placed with a process server by 4:30 p.m. on that same date.

CRITICAL

Applies to

Order

The Circuit Clerk must distribute order copies by mail or delivery to the listed persons and certify each distribution on the Distribution list.

The Circuit Clerk shall distribute copies of all orders by mail or delivery to the persons listed under DISTRIBUTION 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

If the withdrawal motion is granted, the withdrawing attorney must serve the order on the client and all attorneys of record.

If the motion is sustained, a copy of the order shall be served on the client and all attorneys of record by the withdrawing attorney

CRITICAL

Notice must be given of the deposition’s time and place and the witnesses to be deposed, unless the parties agree on those matters.

Due notice shall be given of the time and place of the taking of the depositions and of the witnesses to be taken, unless said matters are agreed upon by the parties, as in other cases .

CRITICAL

After the hearing, the petitioner must continue diligently trying to locate and notify everyone who was not served.

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

CRITICAL

Whenever a continuance is obtained, the party seeking it must re-notice the parties.

If a continuance is obtained, whether it be by agreement or not, the party seeking the continuance shall re-file the motion and re-notice the parties .

CRITICAL

At the time notice of the motion is served on the adverse party, a copy of the notice and motion shall also be furnished to the Judge of the Court at his office in Henderson, Kentucky, and proof of service on the Judge should be listed in the Certificate of Service . Failure to furnish such a copy shall be cause for the Court to delay hearing of said motion until the next motion day, if the Court so desires .

At the time notice of the motion is served on the adverse party, a copy of the notice and motion shall also be furnished to the Judge of the Court at his office in Henderson, Kentucky, and proof of service on the Judge should be listed in the Certificate of Service . Failure to furnish such a copy shall be cause for the Court to delay hearing of said motion until the next motion day, if the Court so desires .

CRITICAL

An attorney delivering a letter, memorandum, or brief to the judge in a pending case must concurrently deliver a copy to opposing counsel.

No attorney shall deliver to the judge any letter, memorandum or brief in any pending case without concurrently delivering a copy to opposing counsel

CRITICAL

Applies to

Proposed jury instructions

Proposed jury instructions submitted to the Court must include sufficient copies to be served upon opposing counsel.

On or before the pretrial conference, submit to the Court proposed jury instructions, together with sufficient copies to be served upon opposing counsel

CRITICAL

with copies to be mailed or hand delivered or placed with a process server by 4:30 p.m. on Tuesday.

with copies to be mailed or hand delivered or placed with a process server by 4:30 p.m. on Tuesday.

CRITICAL

Before a substitution order is made, reasonable notice must be given to the party’s attorney and opposing counsel.

Whenever a party has appeared by counsel he or she may not thereafter appear by different counsel in his or her own behalf, unless an order of substitution shall first have been made by the Court after reasonable notice to the attorney for the party and to the opposing attorney

WARNING

The Judge may allow a temporary removal or adjudicatory hearing to proceed despite nonservice on the non-custodial parent if the petitioner establishes on the record diligent efforts to serve all other parties, including contacting the Child Support Division to locate an absent parent.

The Judge may permit the temporary removal hearing or the adjudicatory hearing to go forward when the non-custodial parent has not been served in accordance with FCRPP 18(1) if it is established on the record that petitioner has made diligent efforts to serve all other parties including initiating contact with the Child Support Division of the County Attorney's Office in an attempt to locate any absent parent.

INFO

Notice to the Henderson County Attorney may be provided by placing a copy of the notice and motion in the designated basket at the Clerk's Office.

Notice to the Henderson County Attorney may be accomplished by placing a copy of the notice and motion in the Henderson County Attorney basket located in the Henderson Family Court Clerk's Office.

INFO

Applies to

Order or judgment

Counsel may waive service of an order or judgment and notice of entry by written waiver.

Counsel may waive in writing service of any order or judgment and notice of entry .