Kenton Circuit Court Service and Proof of Service Rules

CRITICAL

Applies to

Notice of hearing

Once a hearing is assigned, the requesting attorney must send a Notice of Hearing to the opposing party or counsel.

Upon assignment for hearing in each case, the requesting attorney shall send Notice of Hearing to the opposing party or their counsel.

CRITICAL

Copies of the appeal instruments must be served on opposing parties or their counsel.

A copy of such instruments shall be served upon opposing parties or their counsel.

CRITICALCivil cases

Applies to

Order terminating parental rights

The clerk must send two certified copies of the termination order to the state child protective agency.

The clerk of the court shall send two certified copies of the order terminating parental rights to the state child protective agency.

CRITICAL

Unless an exception applies, proper notice under CR 5.02 must be given to all parties and counsel.

Unless a rule allows otherwise, all motions to be heard shall be noticed for a motion docket, and proper notice pursuant to CR 5.02 given to all parties and counsel.

CRITICAL

The Clerk must serve a copy of a transfer order on all parties of record.

The Clerk shall file the order of transfer in the record and serve a copy upon all parties of record.

CRITICAL

On the day the award is filed, the Chairperson must mail or otherwise forward copies to all parties or their counsel.

Within fifteen (15) days after the hearing, the Chairperson of the Board of Arbitration shall file its award with the Circuit Clerk and the Bar Association and on the same day shall mail or otherwise forward copies thereof to all parties or their counsel.

CRITICAL

Documentary evidence and expert reports must be served on the adverse parties or their counsel at least 14 days before the hearing unless counsel agree otherwise.

(c) Documentary evidence, written reports of experts, provided that such evidence has been served upon the adverse parties or their counsel at least fourteen (14) days before the hearing, unless counsel otherwise agree;

CRITICAL

In the specified child-support proceedings, each party’s counsel must exchange relevant income, children’s health-care expense, and work-related child-care information and documentation without a formal request and as soon as practical.

In Child Support Motions, pendente lite, modification of an existing child support obligation, or in a final hearing in which child support is at issue, counsel for each party shall, without formal request and as soon as practical, exchange all relevant and necessary information and documentation pertaining to his or her client's income, health care expenses covering the children, and work-related child care expenses.

CRITICAL

Applies to

Rebutting memorandum

Rebutting memorandums must be served within ten days.

Rebutting memorandums must be served within ten (10) days.

CRITICAL

The Clerk must comply with the notice provisions of CR 53.06(1).

The Clerk shall comply with the Notice Provisions of CR 53.06(1).

CRITICAL

The party incurring an uncovered court-ordered expense must notify the other party in writing with supporting documentation within 30 days; the other party must pay within 30 days of receiving the request or challenge the expense in writing within that period.

The party that incurs the uncovered court ordered expense shall notify the other party within thirty (30) days in writing with supporting documentation of the amount that the other party owes. The party that owes the uncovered expense must pay the balance in full within thirty (30) days of receipt of the request for payment or, in writing, challenge the expense within the thirty (30) day period. This may be referred to as the "30/30 Rule."

CRITICAL

Each party's counsel must tender the intended trial exhibit list to opposing counsel at trial commencement or the preceding pre-trial.

At the commencement of a civil trial, or at the pre-trial next preceding the commencement of a civil trial, each party's counsel shall tender to the Court and to opposing counsel, a list of all exhibits the party then intends to utilize at trial;

CRITICAL

A hearing must be scheduled within 45 days after the Board is appointed, and the arbitrators and parties or their counsel must receive written notice of its time and place at least 10 days beforehand.

A hearing shall be scheduled not more than forty-five (45) days after the appointment of the Board of Arbitration and the arbitrators and the parties or their counsel shall be notified in writing at least ten (10) days before the hearing of the time and place of the hearing.

CRITICAL

Briefs must be served on opposing parties or counsel under the applicable service rules.

Briefs shall be serviced upon the opposing parties or counsel as provided for in the Civil Rules and/or these rules for service of pleadings.

CRITICAL

Continuance requests must be filed with opposing counsel as well as the court; the request must be filed no later than 10:00 a.m. the day before trial.

All requests for continuances shall be in writing, setting forth the grounds and shall be filed with opposing counsel and the court no later than 10:00 a.m. on the day preceding the scheduled trial. Continuances are granted only for good cause, and not by agreement of counsel.

CRITICAL

A show cause order cannot be heard unless an officer authorized to serve a summons has served it on the person named in the order.

No Order shall come for a hearing unless it has been served on the person named in the Order by an Officer authorized to serve a summons.

CRITICAL

Applies to

Brief pleading memorandum

Briefs, pleadings, and memoranda must include proof of service by counsel’s written certification; in ex parte proceedings, proof may instead be an affidavit by the person who served the documents, and the proof must state the service date and manner and identify the attorneys and unrepresented parties by name and address.

Proof of Service. All briefs, pleadings or memoranda filed with the Court shall have proof of service by written certification of counsel. In the case of an ex parte proceeding, proof may be by written certification of service or by Affidavit of the person making the service. Proof of service shall state the date and manner of service and shall include the names and addresses of all attorneys and parties not represented by counsel.

CRITICAL

The Staff Attorney emails Motion Docket pre-rulings to registered attorneys, who must forward them to pro se litigants.

Motion Docket pre-rulings will be emailed by the Court's Staff Attorney to the list of registered attorneys. Attorneys shall forward the Motion Docket pre- rulings to pro se litigants.

CRITICAL

Applies to

Motion

Once a motion is assigned to the Master Commissioner, a copy must be served on the Master Commissioner.

Upon assignment to the Master Commissioner, a copy of the motion shall be served on the Master Commissioner.

CRITICAL

The notice requirements in KRS 395.016 must be complied with.

The Notice requirements set forth in KRS 395.016 must be complied with.

CRITICALCriminal cases

Service

Court service

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

CRITICAL

Trial briefs and jury instructions must be served on opposing parties or counsel under the rules governing service of pleadings.

Briefs and jury instructions shall be served upon opposing parties or counsel as provided for in the Civil Rules and/or these rules for service of pleadings.

CRITICALCriminal cases

Service

Court service

The receiving court’s circuit 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 in the receiving court, who shall serve notice of the Notice of Termination on the parties, their attorneys, and probation and parole.

CRITICAL

An original Request for Admission filed under this provision must contain proof stating the precise date and manner of service.

No original Requests for Admission shall be filed pursuant to this provision unless the original Requests for Admission contain an appropriate proof of service bearing the precise date and manner of service upon the party requested to admit

CRITICAL

The movant must serve notice of the review motion on all necessary parties or their counsel and certify service.

The movant shall be responsible to certify notice of the motion was served on all necessary parties or their counsel.

CRITICAL

A motion for default judgment must be noticed for a hearing, and the party in default must receive notice whether or not that party has appeared.

Whether the party in default has appeared or not in the action, a Motion for Default Judgment shall be noticed for a hearing, and the party in default shall be given notice.

CRITICAL

Copies of the exceptions must be served on each arbitrator.

Copies of such exceptions shall be served upon each arbitrator

CRITICAL

Applies to

Discovery responses

A party must supplement all required responses under CR 26.05 at least 30 days before the hearing, or before trial if the information is discovered within the 30 days before trial.

It shall be the duty of a party to supplement all required responses in accordance with CR 26.05 not later than thirty (30) days prior to the hearing date or at any time prior to trial if discovered within the thirty (30) days before trial.

CRITICAL

A copy of each motion must be served on the Domestic Commissioner by the Friday immediately preceding the Wednesday hearing.

All motions must be filed in clerk's office, with a copy served on the Domestic Commissioner, no later than the Friday immediately preceding the Wednesday on which the matter is to be heard.

CRITICAL

Applies to

Summons

When a case is transferred because of a pending dissolution or custody matter, the initiating Court must reissue the summons if service has not been made by the transfer date, for up to 14 days or as the Court determines necessary for the petitioner's protection; the transferee Court reissues it as needed thereafter.

Consistent with FCRPP 12, when a case is transferred to another circuit due to a pending dissolution or custody matter, an emergency protective order shall continue and the summons shall be reissued by the initiating Court, pursuant to KRS 403.735, 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.

WARNING

Publication in the Motion Docket Bulletin does not constitute service required by CR 5.01 et seq.

Publication in the Motion Docket Bulletin shall not be deemed service as is required by CR 5.01 et seq.