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

CRITICALCivil cases

Contempt motions must be served under the procedures applicable to other non-emergency motions.

G. Contempt motions shall be filed and served as all other non-emergency motions.

CRITICAL

Service

Court service

When CR 77.04 requires service, counsel preparing an order or judgment must give the Clerk enough copies and properly addressed, stamped envelopes to complete service.

Counsel preparing the order or judgment shall also deliver to the Clerk a sufficient number of copies together with properly addressed stamped envelopes to permit the Clerk to complete service thereof when required by CR 77.04.

CRITICALCivil cases

In Laurel Circuit cases, motions must be served on opposing counsel and unrepresented parties entitled to notice at least seven days before the hearing.

All motions shall be served upon opposing counsel, and upon parties who are not represented by counsel and entitled to notice no later than seven (7) days preceding the date the motion is to be heard.

CRITICAL

Applies to

Order of confirmation

A copy of the confirmation order must be served on the purchaser.

A copy of the order of confirmation shall be served upon the purchaser.

CRITICAL

A contempt order may not be heard unless served on the named person by an officer authorized to serve a summons, and it must state the grounds and required arrest-warrant warning.

C. No order shall come on for hearing unless it has been served on the person named in the order by an officer authorized to serve a summons. The order shall contain a short statement of the grounds for its issuance and the following statement: "IF YOU FAIL TO APPEAR AT THE HEARING A WARRANT FOR YOUR ARREST WILL ISSUE."

CRITICAL

The party passing a motion must secure consent from all other parties of record; a party or attorney who appears without having been notified may petition for costs or sanctions.

It is the responsibility of the party passing the Motion to secure the consent of ALL other parties of record to pass the motion. Any party or attorney who appears in response to a docketed Motion that was passed who was not notified in conformity herewith may petition the Court for costs and/or sanctions.

CRITICALCriminal cases

The Court may void participation in diversion after a hearing with notice to the Commonwealth and defendant if the person fails to comply with diversion conditions or make satisfactory progress.

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 .

CRITICALCivil cases

In Knox Circuit cases, motions must be served on opposing counsel and unrepresented parties entitled to notice at least seven days before the hearing.

All motions shall be served upon opposing counsel, and upon parties who are not represented by counsel and entitled to notice no later than seven (7) days preceding the day the motion is to be heard.

CRITICAL

An order may issue ex parte, but its hearing must be at least five days after service unless the Court orders otherwise.

B. An order may be issued ex parte which shall not come on for hearing sooner than five (5) days from the date it is served unless otherwise ordered by the Court.

CRITICALCriminal cases

Before making a recommendation, the Commonwealth must consult an identified victim or the victim’s family and advise them of the motion hearing’s time, date, and place.

Interview and seek input from the victim and/or victim's family, if there is an identified victim, and advise them of the time, date and place the motion will be heard by the Court ; and

INFO

Counsel may waive service of an order or judgment and notice of its entry.

Counsel may waive service of any order or judgment, and notice of entry.

INFO

A default-judgment motion need not appear on the motion docket, and the party against whom default judgment is sought need not be given notice.

The motion need not appear on the motion docket and no notice need be given the party against whom judgment by default is sought.