Knott Circuit Court Service and Proof of Service Rules

CRITICAL

Applies to

Status quo order motion

Service

Court service to opposing party

The clerk must include a copy of the motion for service with the summons and petition.

The clerk shall include a copy of the Motion for service with the Summons and Petition.

CRITICAL

Deadline

3 business days

Copies of the specified non-emergency motions must be sent by mail, hand delivery, or electronic transmission by the applicable docket deadline.

All non-emergency Paternity, Dependency, Neglect and Abuse, Domestic Violence, and Status Offense motions shall be filed, clocked and noticed no later than 3:00 p.m. three business days preceding the appropriate docket, with copies being mailed, hand- delivered or sent by electronic transmission.

CRITICAL

At least five working days before mediation, the parties must exchange and provide the mediator with the listed financial-disclosure supplement and issue statement.

The parties shall exchange and provide to the mediator, in no less than five (5) working days prior to the mediation conference, the following: 1. Supplement to financial disclosure statement regarding any material change. 2. A short statement including definition of the issue to be addressed by the mediator and a brief narrative statement of any special problems affecting

CRITICAL

Applies to

Emergency custody order

A social worker granted an Emergency Custody Order must provide a copy to the agency.

If a Cabinet for Health and Social Services social worker is granted an ECO, the social worker is to provide a copy to the agency.

CRITICAL

Applies to

Notice of attorney withdrawal request

All parties must be served with notice of an attorney's request to withdraw.

All parties shall be served with notice of an attorney's request to withdraw.

CRITICAL

After the hearing, the petitioner must continue diligent efforts 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

Applies to

Emergency custody order

The party seeking an Emergency Custody Order must receive a copy before leaving the Family Court Clerk's Office.

A copy shall be provided to the party seeking the ECO prior to leaving the Floyd Family Court Clerk's Office.

CRITICAL

The motion requesting an order to release confidential video records 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

Applies to

Status quo order motion

The respondent must give the petitioner notice of the motion without assistance from the clerk.

However, the respondent must provide notice of the motion upon the petitioner without the assistance of the clerk.

CRITICAL

Applies to

Petition

A copy of each petition must be distributed to the assistant county attorney assigned to prosecute dependency actions.

copy shall be distributed to the assistant county attorney assigned to prosecute dependency actions

CRITICAL

The judge may allow a Temporary Removal or adjudicatory hearing to proceed without service on the non-custodial parent if the record establishes diligent efforts to serve the 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 the 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.

WARNING

Emergency Dependency, Neglect and Abuse and Status motions may be made any day of the week if the parties receive appropriate notice and an assistant county attorney approves.

Emergency Dependency, Neglect and Abuse and Status motions may be made on any day of the week, with appropriate notice to the parties, upon approval of an assistant county attorney.

WARNING

In a divorce action where parties are ordered to attend the program, the specified Family Court Clerk's Office must provide the Case Data Information sheet to the Divorce Education Office.

In any divorce action where the parties are ordered to attend a Divorce Education Program, the Floyd, Knott, or Magoffin Family Court Clerk's Office shall provide a copy of the Case Data Information sheet to the Divorce Education Office.

INFO

Notice to the relevant County Attorney may be given by placing a copy of the notice and motion in that County Attorney’s basket at the Family Court Clerk’s Office.

Notice to the Floyd, Knott, or Magoffin County Attorney may be accomplished by placing a copy of the notice and motion in the respective County Attorney basket located in the respective Family Court Clerk's Office.