Madison Circuit Court Service and Proof of Service Rules

CRITICAL

Applies to

Motion to withdraw as counsel

A motion to withdraw as counsel must be served on the party under Rule 5 of the Kentucky Rules of Civil Procedure.

Such motion shall be served on the party as provided by Rule 5 of the Kentucky Rules of Civil Procedure .

CRITICAL

Applies to

Further pleadings

Service

Mail

For further pleadings after transfer, counsel must mail a copy directly to the other Commissioner and file the original with the Clerk of the Court.

For any further pleadings, counsel shall be responsible for mailing a copy of same directly to the other Commissioner and the original shall be filed with the Clerk of the Court .

CRITICAL

A copy of the tendered order or judgment must be served on counsel for all parties.

with service of a copy of same upon counsel for all parties

CRITICAL

In contested cases, verified factual disclosure forms must be served on every other party at least 10 days before the hearing, or, if proof will be taken by deposition, at least 10 days before the first deposition.

In contested cases, verified factual disclosure forms, attached hereto, shall be filed and served on every other party not less than ten (10) days before the hearing date, or, if proof is to be taken by deposition, ten (10) days before the taking of the first deposition

CRITICAL

The Clerk must notify each party that the Commissioner's report was filed unless notice is waived in writing, including by endorsement on the papers.

Each party shall be notified of the filing of the Commissioner's report by the Clerk, pursuant to Rule 53 .06(1) of the Kentucky Rules of Civil Procedure, unless waived in writing (which waiver may be by endorsement on said papers)

CRITICAL

Applies to

Order or judgment

Service

Court service

The Clerk must serve the Master Commissioner with any order or judgment involving or requiring the Commissioner's action.

Any Order or Judgment involving or requiring action by the Master Commissioner ("Commissioner") shall be served upon said Commissioner, by the Clerk

CRITICALCivil cases

After a final hearing date is assigned, the requesting party must serve notice of the hearing on all parties.

Upon assignment of a final hearing date, the requesting party shall be scheduled by telephoning the Family Court's legal assistant. serve notice of the hearing to all parties.

CRITICAL

Applies to

Motion to withdraw

A copy of a motion to withdraw must be served upon the client.

(with copy of said motion served upon the client)

CRITICAL

Applies to

Motion and order of sale

Motions for default or summary judgment and the order of sale must be served on the Master Commissioner by fax, email, or U.S. Mail when filed.

Every motion for default or summary judgment and order of sale shall be served by facsimile, e-mail, or U.S. Mail on the Master Commissioner at the time of the filing and accompanied by a tendered judgment and order of sale and an order referring the case to the Master Commissioner (AOC-141 form or its equivalent).

CRITICALCivil cases

After a hearing date is assigned, the requesting party must serve notice of the hearing on all necessary parties in accordance with KRS 199.515.

Upon assignment of a hearing date, the requesting party shall serve notice of the hearing to all necessary parties in accordance with KRS 199.515.

CRITICAL

Sufficient copies must be furnished to enable the Clerk to complete service.

sufficient copies shall be furnished to permit the Clerk to complete service .

CRITICALCivil cases

Applies to

Written motion

The written motion seeking a video judicial order must be accompanied by notice to the parties and, if any, the child's Guardian Ad Litem.

An individual requesting a video judicial order must file a written motion, with notice to the parties. including the child's Guardian Ad Litem, if any, and set forth the purpose of the request.

CRITICALCivil cases

All motions to be heard on cither the Monday or Tuesday Domestic Motion Docket shall be filed and served on or before the close of business 10 days prior to the hearing on the motion

All motions to be heard on cither the Monday or Tuesday Domestic Motion Docket shall be filed and served on or before the close of business 10 days prior to the hearing on the motion

CRITICAL

Applies to

Default judgment application

A copy of the default-judgment application must be delivered to the defendant at the last known address at least three days before the hearing.

A party seeking a judgment by default, where Rules 55 .01, 5 .01, or 6 .03 of the Kentucky Rules of Civil Procedure apply, shall file a written application for such a judgment, a copy of which shall be delivered to defendant at his last known address at least three (3) days, or mailed at least six (6) days, prior to the date set for hearing .

CRITICAL

A copy of the indictment or information must be delivered to each defendant when the defendant is served with the warrant or summons.

At the time of the preparation of each indictment or information, the Commonwealth Attorney shall prepare sufficient copies and deliver the same to the Clerk, with the original, so that a copy shall be delivered to each defendant when he/she is served with the warrant or summons .

WARNING

An objecting party may prevent entry through written objections filed and served, including a request for a hearing obtained under the rules.

written objections thereto, including a time for a hearing obtained pursuant to these rules, have been filed and served by the objecting party

WARNING

Applies to

Notice to take depositions

A notice to take depositions must be served a reasonable time before the depositions are taken.

13 .01 Notice to Take : A notice to take depositions shall be served within a reasonable time prior to the date on which the depositions are to be taken .

WARNING

Applies to

Statement of legal questions

At the commencement of or during trial, the Court may receive a typewritten statement of anticipated legal questions and supporting authorities, and counsel must furnish a copy to opposing counsel.

At the commencement, or during the course of the trial, the Court may receive from either counsel, with counsel furnishing copy thereof to opposing counsel, a typewritten statement of legal questions that are anticipated to arise during the course of the trial upon the receipt of evidence, and authorities relied upon by counsel in support of their contentions on each of said questions .

INFO

Applies to

Order or judgment

Counsel may waive service of an order or judgment and notice of entry by written waiver.

Counsel may waive in writing service of any Order or Judgment, and notice of entry .