Johnson Circuit Court Service and Proof of Service Rules

CRITICAL

The written motion requesting an order must provide notice to all parties, including the child’s Guardian ad Litem, if any.

An individual requesting such an Order must file a written motion, with Notice to all parties, including the child's Guardian ad Litem, if any, and set forth the reason for the request and proposed use thereof.

CRITICAL

Foster parents must receive notice of all Court-scheduled hearings and must be given the right to be heard at each hearing.

All foster parents shall receive Notice of all hearings scheduled by the Court and shall be given the Notice to Foster Parents right to be heard at all hearings.

CRITICAL

Guardians ad Litem appointed for the listed respondents must notify them of the appointment and nature of the proceeding, and inform them of the right to genetic testing if applicable.

3. Guardians ad Litem appointed to represent unmarried infants, persons of unsound mind, or Litem, and inform the Respondent of the nature of the proceeding and of the Respondent's adult prisoners shall notify the Respondent of his/her appointment as their Guardian ad right to have genetic testing conducted, if applicable.

CRITICAL

Once having entered appearance, counsel shall remain of record, unless relieved of responsibilities by the Court upon written motion and notice (with copy of said motion served on the client), until expiration of the time for filing a notice of appeal after the entry of a final judgment or order. For good cause shown, the Court may permit oral motions to withdraw so long as the interests of the litigant are not adversely affected.

Once having entered appearance, counsel shall remain of record, unless relieved of responsibilities by the Court upon written motion and notice (with copy of said motion served on the client), until expiration of the time for filing a notice of appeal after the entry of a final judgment or order. For good cause shown, the Court may permit oral motions to withdraw so long as the interests of the litigant are not adversely affected.

CRITICAL

The petitioner must make diligent efforts to locate the child's parents, including initiating contact with the County Attorney's Child Support Division.

The Petitioner shall make diligent efforts to locate the child's parents, including but not limited to. initiating contact with the Child Support Division of the respective County Attorney's

CRITICAL

Counsel must transmit a courtesy copy to opposing counsel.

Counsel shall transmit a courtesy copy to opposing counsel.

CRITICAL

After each hearing, the petitioner must continue diligent efforts to locate and notify everyone who has not yet been served.

The Petitioner shall make continuing diligent efforts after each hearing to locate and notify all persons who have not yet been served.

CRITICAL

Applies to

Pretrial compliance statement

For a jury trial, the parties must furnish the Pretrial Compliance Statement to the Court and each other at least one week before trial.

When a jury trial is requested, a Jury Trial Order shall be entered by the Court directing the parties to furnish to the Court and each other, at least one week prior to trial, a Pretrial Compliance Statement containing the following:

CRITICAL

Deadline

5 business days

Applies to

Motion

Motions, other than those permitted to be filed ex parte, must be delivered to opposing counsel by closing time five business days before the motion docket.

All motions, civil and criminal, except those that are permitted to be filed ex parte, shall be filed with the Clerk of the appropriate county and served on opposing counsel by delivery no later than closing time in the Clerk's office five (5) business days immediately preceding the motion docket on which the motion is to be heard.

WARNING

The Judge may allow the listed hearings to proceed without service on the non-custodial parent if the petitioner establishes the specified diligent service and locating efforts on the record and that parent is not the alleged perpetrator.

The Judge may permit the Temporary Removal Hearing, the Adjudication Hearing and the with FCRPP 18(1), if it is established on the record that Petitioner has made diligent efforts to serve Disposition Hearing to go forward when the non-custodial parent has not been served. in accordance all other parties, including initiating contact with the Child Support Division of the County perpetrator of the alleged neglect or abuse.