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

CRITICAL

A party taking exception to the sale report must serve its exceptions on all parties entitled to notice and the Master Commissioner within the stated ten-day period.

Any party taking exception to the Report of Sale shall, within ten (10) days from filing of Report of Sale, file in Court and serve a copy of his exceptions on all parties entitled to notice, and on the Master Commissioner.

CRITICAL

The motion requesting a judicial order must be noticed to all parties, including 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 motion must be filed with notice to all necessary parties.

After the statutory time periods have been met, counsel for the petitioner(s), shall a file a motion, with notice to all necessary parties, on the Court's regular DNA docket.

CRITICAL

Unless the parties agree otherwise, a motion to change bond conditions must provide appropriate notice to the Commonwealth.

Unless the parties are in agreement, motions to change the conditions of bond shall be made in writing with appropriate notice to the Commonwealth.

CRITICAL

The clerk must notify the listed recipients of the temporary removal hearing.

C. The clerk shall provide notification of the temporary removal hearing to the parents or other person exercising custodial control or supervision, county attorney, CHFS, any guardian ad litem, and any counsel of record.

CRITICAL

Applies to

Emergency custody order

If appropriate, the County Attorney shall complete the ECO and, if granted, shall provide the original order to CHFS.

If appropriate, the County Attorney shall complete the ECO and, if granted, shall provide the original order to CHFS.

CRITICAL

A copy of a motion to withdraw must be served on the client.

with copy of said motion served upon the client

CRITICAL

Applies to

Trial pretrial filings

Each party must exchange the pretrial memorandum, witness list, and exhibit list with the other party at least fourteen days before trial.

2. At least fourteen (14) days in advance of the trial date, each party shall file and exchange the following information: a. A pretrial memorandum on the form supplied by the Court outlining all issues in dispute to be tried; b. A list of all witnesses that may be called to testify; and c. A list of all exhibits that may be introduced.

CRITICAL

Deadline

1 business days

The clerk must mail or provide a copy of the petition to the listed recipients no later than the business day after filing.

D. When a petition is filed, a copy shall be mailed or provided by the clerk to the parents or other person exercising custodial control or supervision, CHFS, the County Attorney, any guardian ad litem, and any counsel of record, no later than the business day following the filing of the petition.

CRITICAL

The Master Commissioner must serve a copy of the sale report on each party entitled to notice no later than three business days after the sale.

No later than three business days after the date of sale, the Master Commissioner shall file in Court his report of the sale and serve a copy on each party entitled to notice.

CRITICAL

All owners and taxing authorities with a claim or interest in the property must be made parties and served with process.

All owners (including owners and taxing authorities of unpaid delinquent taxes and unpaid taxes) who have a claim or interest in the property shall be made parties to the action and duly served with process.

CRITICAL

Counsel must serve motions for judgment on a defendant's cross-claims at least seven days before the noticed Judgment and Order of Sale motion date.

All motions for Judgment on any Defendant's cross-claims must be filed and served by counsel not less than seven (7) days prior to the date noticed for the Judgment and Order of Sale motion.

CRITICAL

Deadline

7 calendar days

Applies to

Motion

Motions in circuit actions must be served with notice on the other parties or counsel seven calendar days before the county's scheduled Motion Hour, except for good cause shown.

A. All motions in circuit actions are to be heard on a scheduled Motion Hour for each county and shall be "served" with Notice to the Other Parties and or Counsel seven (7) days prior to each county's scheduled Motion Hour, except for good cause shown. Time calculations: For the purpose of calculating times, all days are calendar days unless otherwise specified.

CRITICAL

Applies to

Affidavit

When the party elects to pay delinquent taxes directly, it must serve the required affidavit on the Commissioner's Office.

If such election is made under this provision, the party shall provide an affidavit to the Court with service upon the Commissioner's Office, listing all delinquent taxing authorities and lien holders; amount owing; tax year; and that all delinquent taxing authorities and tax lien holders have been paid and attach proof of the delinquent tax payoff.

CRITICAL

Applies to

Proposed order of distribution

Proposed Orders of Distribution must be set for motion hour and served on non-defaulting parties and the Master Commissioner with at least ten days' notice.

All proposed Orders of Distribution" shall be set for motion hour, served upon non-defaulting parties and the Master Commissioner with notice at least 10 days prior to Motion Hour.

CRITICAL

The petitioner must serve the pretrial-date order on the parents and GAL with the Petition and Summons, and serve it on appointed counsel immediately after appointment.

Immediately upon filing, the Petitioner shall obtain a pretrial date directly from the Court and shall serve a copy of the Order setting the pretrial date upon the parents and GAL with the Petition and Summons. A copy of the Order shall be served upon any appointed counsel immediately following appointment.

CRITICAL

Applies to

Required documents

The parties must exchange all documents required by the applicable rules, including final disclosure statements, by the deadlines set in those rules.

7. The parties shall file and exchange all required documents under the Civil Rules, the Family Court Rules of Practice and Procedure, or the local rules of this jurisdiction, including final disclosure statements by the deadlines set forth therein.

CRITICAL

Applies to

Agreed order

The Cabinet for Health and Family Services must be notified before an agreed order is submitted if it is a party or provides benefits to the child.

However, if the Cabinet for Health and Family Services is a party to the action and/or is providing benefits to the child, then the Cabinet shall be notified prior to submission of an agreed order to the Court.

CRITICAL

Service

Electronic service to opposing party

Unless the Court directs otherwise, requests to docket a case and notices of motions must be electronically served on opposing counsel at least 7 days before the Motion Docket.

Unless otherwise directed by the Court, all requests to docket a case and notice of all motions must be electronically served upon opposing counsel and filed at least 7 days prior to the Motion Docket.

WARNING

The judge may allow the hearing to proceed despite nonservice on the non-custodial parent if diligent efforts to serve all other parties are established on the record; the petitioner must continue efforts to locate and notify unserved persons after the hearing, and those persons retain their legal defenses.

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 17 if it is established on the record that the Petitioner has made diligent efforts to serve all other parties. The Petitioner shall make continuing legal efforts after the hearing to locate and notify all persons who were not served, and any unserved parties shall retain any legal defenses available.

INFO

The Court requests that the Master Commissioner appear and object to an incorrect proposed Order of Distribution or instead serve written notice of the error before Motion Hour.

The Court requests the Master Commissioner appear and object if the proposed Order of Distribution is incorrect, or, in the alternative, serve written notice of any error prior to the date set for Motion Hour.