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

CRITICAL

Copies accompanying the specified motions must be sent by mail, hand delivery, or electronic transmission.

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

The parties must exchange and provide specified financial-disclosure and issue materials to the mediator at least five working days before mediation; the source list is incomplete.

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

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

The motion requesting an order must be noticed to all parties and to 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

Motion

The Respondent must provide 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

Notice of an attorney's request to withdraw must be served on all parties.

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

CRITICAL

A Guardian ad Litem appointed for an unmarried infant, person of unsound mind, or adult prisoner must notify the Respondent of the appointment and proceeding, and of any applicable right to genetic testing.

A Guardian ad Litem appointed to represent unmarried infants, persons of unsound mind or adult prisoners shall notify the Respondent of his/her appointment as their Guardian ad Litem, and inform the Respondent of the nature of the proceeding and of the Respondent's right to have genetic testing conducted, if applicable.

CRITICAL

Applies to

Status quo order motion

Service

Court service

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.

WARNING

Notice to the relevant County Attorney may be given by placing copies 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.

WARNING

The judge may allow either specified hearing to proceed without service on the non-custodial parent if the petitioner establishes diligent efforts on the record to serve the other parties and locate any 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.