Jessamine Circuit Court Service and Proof of Service Rules

CRITICAL

Applies to

Pleading

All pleadings, including attachments, must be served on all other parties or their counsel.

All pleadings, including any attachments, shall be served on all other parties or their counsel.

CRITICALCriminal cases

The Court may void a person’s participation in pretrial diversion for noncompliance or unsatisfactory progress only after a hearing with notice to the Commonwealth and the defendant.

After a hearing, with notice to the Commonwealth and to the defendant, the Court may void a person's participation in pretrial diversion upon a showing of failure to comply with the conditions of diversion or a failure to make satisfactory progress .

CRITICAL

The Clerk must make reasonable efforts to notify the child's parents or guardians.

The Clerk shall make reasonable efforts to notify the child's parents or guardians.

CRITICAL

A copy of each filed dependency, neglect, and abuse offender petition must be forwarded to the assigned County Attorney and assistant.

A copy of all dependency, neglect, and abuse offender petitions filed shall be forwarded to the County Attorney and his or her assistant assigned to prosecute dependency, neglect, and abuse actions, and the original shall be filed in the Circuit Clerk's Office.

CRITICAL

Motions must be served on the opposing party by close of business at least seven days before the scheduled hearing.

All motions are to be filed and served upon the opposing party no later than the close of business seven days in advance of the scheduled hearing.

CRITICAL

Parties or their counsel must notify the Commonwealth whenever the case is docketed.

Parties or their counsel shall notice the Commonwealth any time the case is docketed.

CRITICAL

The moving party must notify the pro se party and file a copy of the notice with the Circuit Clerk's Office.

Moving party shall give notice to the pro se party and file a copy of said notice with the Circuit Clerk's Office.

CRITICAL

The Clerk must make reasonable efforts to notify the child's parents or guardians.

2. Contact information of child's parents or guardians. The Clerk shall make reasonable efforts to notify the child's parents or guardians.

CRITICAL

A copy of each filed status offender petition must be forwarded to the County Attorney and assigned assistant.

A copy of all status offender petitions filed shall be forwarded to the County Attorney and his or her assistant assigned to prosecute dependency, neglect, and abuse actions, and the original shall be filed in the Circuit Clerk's Office.

CRITICAL

Copies of any Prevention or Safety Plan must be given to all parties or their counsel.

Pursuant to FCRPP 27, any Prevention or Safety Plan shall be placed in the Court record and copies given to all parties or their counsel.

CRITICAL

Motions and their notices must be served at least seven days before the hearing, unless good cause is shown.

Motions and notice thereof shall be served at least seven (7) days prior to the Time specified for the hearing, except for good cause shown.

CRITICAL

Applies to

Order

When the opposing party is represented, the attorney preparing the order must submit it to opposing counsel for a “Have Seen” sign-off before submitting it to the Court; the Court may not require that sign-off if the other party is pro se.

If the opposing party is represented by counsel, the attorney charged with preparing the Order shall then submit it to opposing counsel to sign off on a "Have Seen" basis before it is submitted to the Court for entry. The Court may not require a "Have Seen" if the other party is pro se.

WARNING

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

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

WARNING

The Court may allow a Temporary Removal Hearing or adjudication to proceed without service on the non-custodial parent if the specified reasonable efforts are established on the record; the Petitioner must continue diligent efforts after the hearing to locate and notify anyone not served.

The Court may permit a Temporary Removal Hearing or adjudication to proceed when the non-custodial parent has not been served in accordance with FCRPP 17 if it is established on the record that Clerk has made reasonable 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. The Petitioner shall make continuing diligent efforts after the hearing to locate and notify all persons who were not served.

INFO

Applies to

Report

Service

Email

Reports may be sent by email if appropriate measures are taken to preserve confidentiality.

Reports may be sent by e-mail with appropriate measures to preserve confidentiality.