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

CRITICAL

Applies to

Post judgment motion

A post-judgment motion must be served on the party in accordance with Civil Rule 4.04.

If a party is filing a post judgment motion, service must be perfected on the party as set forth in Civil Rule 4.04.

CRITICAL

The form includes a certificate stating that an exact copy of the Verified Disclosure Statement was mailed or hand-delivered to the specified recipient.

CERTIFICATE OF SERVICE On the day of , I hereby certify that an exact copy of the foregoing Verified Disclosure Statement was (__j mailed, ( ) hand-delivered to:

CRITICAL

Applies to

Order

The Clerk must distribute orders by mail, delivery, or placement in attorneys' assigned receptacles to the persons listed under DISTRIBUTION, and certify the distribution with a check mark, initials, and date.

The Clerk shall distribute copies of all orders by mail or delivery or placement in the receptacles assigned for the attorneys in the Clerk's Office to the persons listed under DISTRIBUTION and shall certify such mailing, delivery or placement by making a check mark by the person listed and shall initial and date the same at the bottom of the distribution list.

CRITICAL

Applies to

Commissioner report

After the report is filed, the Clerk must serve notice of the filing and a copy of the report on every party who has appeared.

The Commissioner's Report shall be filed with the Clerk of the Court who shall henceforth serve notice of the filing and a copy of the Report upon all parties who have appeared in the action.

CRITICAL

The Commissioner’s Report must be filed with the Clerk, who must serve notice of filing and a copy of the Report on all parties who have appeared.

The Commissioner's Report shall be filed with the Clerk of the Court who shall henceforth serve notice of the filing and a copy ofthe Report upon all parties who have appeared in the action.

CRITICAL

Applies to

Criminal discovery materials

Within 45 days of arraignment, the Commonwealth must provide the Defendant the listed discovery materials and information; the quoted list continues beyond this excerpt.

Within 45 days of arraignment, the Commonwealth shall provide to the Defendant a copy of the Grand Jury tape, all information required under RCr 7 .24 and 7.26, all exculpatory evidence, all aspects of line-ups or show-ups, copies of all oral, recorded or written statements made by Defendant or other persons, information received from a confidential informant, copies ofall search warrants, search warrant affidavits and search warrant returns, names and addresses of witnesses the Commonwealth may call at trial, and the nature of any promises or agreements made by the Commonwealth to secure

CRITICAL

Applies to

Written objections or exceptions

Any party may serve written objections or exceptions on the other parties within 10 days after being served with notice that the Commissioner's Report was filed.

within ten (10) days of being served with the notice of filing of the Commissioner's Report, any party may serve written objections or exceptions thereto upon other parties.

CRITICAL

Deadline

48 hours

Applies to

Motion

Service

Personal service

All motions shall be filed and served not later than forty-eight (48) hours prior to the scheduled hearing on the motion, excluding Saturdays, Sundays, and holidays, if service is made in person.

All motions shall be filed and served not later than forty-eight (48) hours prior to the scheduled hearing on the motion, excluding Saturdays, Sundays, and holidays, if service is made in person.

CRITICAL

After the report is filed, the Clerk must serve notice of filing and a copy of the report on all parties who have appeared.

who shall henceforth serve notice of the filing and a copy of the Report upon all parties who have appeared in the action.

CRITICAL

The attorney filing a Notice of Appeal, Designation of Record, or Order to Proceed in forma pauperis must send a copy to the Court Reporter.

A copy of any Notice ofAppeal, Designation of Record or Order to Proceed in forma pauperis shall be sent to the Court Reporter by the attorney filing same.

CRITICAL

Applies to

Child support order

The Clerk's Office must distribute an unredacted copy of each child support order to the child enforcement agency, if applicable, and to the parties.

The Clerk's Office shall then distribute an unredacted copy of the child support order to the child enforcement agency, if applicable, and to the parties.

CRITICALCriminal cases

The circuit clerk must serve notice of termination on the parties, their attorneys, probation, and parole.

The Notice of Termination and Affidavit of Violations shall be filed in the official record by the circuit clerk, who shall serve notice of the notice of termination on the parties, their attorneys, and probation and parole.

CRITICAL

Applies to

Motion

Presiding-judge-track motions must be served on opposing counsel, or on an unrepresented opposing party.

All motions shall be served on opposing counsel or upon a party, if the party is not represented by counsel.

CRITICAL

Applies to

Motion

Each motion must be served on opposing counsel or, if the opposing party is unrepresented, on that party.

Each motion shall be served on opposing counsel or a party, ifnot represented by counsel.

CRITICAL

The Clerk must distribute orders to the persons listed under DISTRIBUTION using the stated methods and certify the distribution on the distribution list.

The Clerk shall distribute copies of all orders by mail or delivery or placement in the receptacles assigned for the attorneys in the clerk's office to the persons listed under DISTRIBUTION and shall certify such mailing, delivery or placement by making a check mark by the person listed and shall initial and date the same at the bottom ofthe distribution list.

CRITICAL

All motions shall be served on the Domestic Relations Commissioner and on the opposing counsel or upon a party, if the party is not represented by counsel.

All motions shall be served on the Domestic Relations Commissioner and on the opposing counsel or upon a party, if the party is not represented by counsel.

CRITICAL

The Clerk's Office must distribute an unredacted child support order to the child enforcement agency, if applicable, and to the parties.

The Clerk's Office shall then distribute an unredacted copy of the child support order to the child enforcement agency, if applicable, and to the parties.

CRITICAL

Deadline

48 hours

Service

Personal service

District Court motions must be served no later than 48 hours before the scheduled hearing when service is in person, excluding Saturdays, Sundays, and holidays.

All motions shall be filed and served not later than forty-eight (48) hours prior to the scheduled hearing on the motion, excluding Saturdays, Sundays, and holidays, if service is made in person.

CRITICAL

Applies to

Trial witness lists and exhibits

The parties must exchange expected trial witness lists and exhibits at least 14 days before trial; the Commissioner may exclude undisclosed material or grant other appropriate relief.

No later than fourteen (14) days prior to the trial date, the parties shall exchange witness lists and exhibits expected to be introduced at trial . Failure to make these disclosures may result in the exclusion of witnesses and exhibits at trial, or other appropriate relief, in the discretion of the Commissioner.

CRITICALCriminal cases

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

The Notice of Termination shall be filed in the official record by the circuit court clerk, who shall serve notice of the Notice of Termination on the parties, their attorneys, and probation and parole.

CRITICAL

Circuit Court motions before the Presiding Judge must be served on opposing counsel or an unrepresented party.

All motions shall be served on opposing counsel or upon a party, if the party is not represented by counsel.

CRITICAL

Applies to

Post judgment motion

A post-judgment motion must be served on the party in accordance with Civil Rule 4.04.

If a party is filing a post judgment motion, service must be perfected on the party as set forth in Civil Rule 4.04.

CRITICALCriminal cases

Before voiding a person's participation in pretrial diversion, the court must hold a hearing and provide 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

Post-final-judgment motions must initially be brought by show-cause rule and served on the party under CR 4.04.

All post final judgment motions shall initially be brought by show cause rule with service to be perfected on the party as set forth in CR 4.04.

CRITICAL

Applies to

Redacted copy

The redacted copy must be served on the respondents.

The redacted copy shall then be served on the respondents).

CRITICAL

The redacted copy must be served on the respondents.

The redacted copy shall then be served on the respondents).

CRITICAL

Applies to

Motion

Commissioner-track motions must be served on the Domestic Relations Commissioner and opposing counsel, or on an unrepresented opposing party.

All motions shall be served on the Domestic Relations Commissioner and on the opposing counsel or upon a party, if the party is not represented by counsel.

CRITICAL

The Clerk must distribute orders to the persons listed under DISTRIBUTION by mail, delivery, or placement in attorneys' Clerk's Office receptacles, and certify the distribution on the list.

The Clerk shall distribute copies of all orders by mail or delivery or placement in the receptacles assigned for the attorneys in the Clerk's Office to the persons listed under DISTRIBUTION and shall certify such mailing, delivery or placement by making a check mark by the person listed and shall initial and date the same at the bottom of the distribution list.

CRITICAL

Any party may serve written objections to the commissioner’s report on the other parties within ten days after entry of the notice; otherwise, the court may adopt the report.

Within ten (10) days of the entry of this notice, any party may serve written objections to the report upon the other parties . Unless written objection is served by any party on the other parties within ten days after the date of entry of this notice, the court may adopt the report of the commissioner as submitted.

WARNING

Serve the Court with a motion only when its subject matter may be contested; a motion simply to set a matter for trial need not be served on the Court.

served on the Court only when the subject matter of the Motion may be contested. (For example, if the Motion is simply to set a matter for trial, there is no need to serve a copy on the Court).

WARNING

Any party may serve written objections or exceptions on the other parties within 10 days after being served with notice that the Commissioner's Report was filed.

Pursuant to FCRPP 4(4)(a), within ten (10) days of being served with the notice of filing of the Commissioner's Report, any party may serve written objections or exceptions thereto upon other parties.

WARNING

Serve a motion on the Court only if its subject matter may be contested; a motion simply to set a matter for trial need not be served on the Court.

served on the Court only when the subject matter of the Motion may be contested. (For example, if the Motion is simply to set a matter for trial, there is no need to serve a copy on the Court).

WARNING

A party may serve written objections or exceptions on the other parties within 10 days after being served notice that the Report was filed.

Within ten (10) days after being served with Notice of the filing of the Report, any party may serve written objections or exceptions thereto upon the other parties

WARNING

Subpoena service by law-office personnel or a party is considered an assessable cost to the extent the sheriff would be compensated for similar service.

To the extent that the sheriff would be compensated for similar service, service of subpoena by law office personnel or a party will be considered as costs when assessing costs.