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

Applies to

Motion to confirm sale and order of confirmation

Copies of the motion to confirm sale and confirmation order must be served on the purchaser and all parties who are not in default.

Copies of the motion to confirm sale and the order of confirmation shall be served on the purchaser in addition to all parties not in default.

Civil cases

Applies to

Motion for continuance

When no new date can be agreed or found, the party seeking a continuance must serve a copy of the written motion on the opposing party and send a copy directly to the Family Court.

If parties cannot agree to continuing the motion/hearing, or are otherwise unable to find a new date, the party seeking continuance shall immediately file a written motion for continuance with the Clerk stating the reasons for the continuance, serve a copy on the opposing party, and send a copy directly to the attention of the Family Court.

Criminal cases

Applies to

Petition

The Commonwealth's Attorney may petition the circuit court, with notice to the Commonwealth's Attorney, for the entry of a pretrial diversion order not less than seven (7) days before sentencing .

The Commonwealth's Attorney may petition the circuit court, with notice to the Commonwealth's Attorney, for the entry of a pretrial diversion order not less than seven (7) days before sentencing .

Pre-sentence investigation reports must be provided to defense counsel at least two working days before sentencing.

Pre-Sentence Investigation Reports shall be provided to defense counsel no later than two working days prior to sentencing of a defendant in any case.

The motion requesting a judicial order must be accompanied by notice to all parties and 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.

Criminal cases

The Court may revoke or void pretrial diversion only after a hearing and notice by the Commonwealth's Attorney, upon the specified showing of noncompliance or unsatisfactory progress.

After a hearing, on notice by the Commonwealth's Attorney, the Court may revoke or void a person's pretrial diversion program upon a showing of failure to comply with the conditions of diversion or failure to make satisfactory progress .

Criminal cases

An eligible person's petition for pretrial diversion must be made with notice to the Commonwealth's Attorney.

A. An eligible person may petition the circuit court, with notice to the Commonwealth's Attorney, for the entry of a pretrial diversion order not less than seven (7) days before sentencing .

Criminal cases

The Commonwealth's Attorney's petition for pretrial diversion must be made with notice to the Commonwealth's Attorney.

B. The Commonwealth's Attorney may petition the circuit court, with notice to the Commonwealth's Attorney, for the entry of a pretrial diversion order not less than seven (7) days before sentencing .

Applies to

Notice of entry

The Clerk must make notice of entry of an order or judgment in accordance with CR 77.04.

Notice of entry of the Order or Judgment shall be mäde by the Clerk in accordance with CR 77.04.

Civil cases

In dependency, neglect, and abuse cases, the Guardian ad Litem must notify the juvenile’s current foster family or custodian, other than the Cabinet for Families and Children, of all Family Court hearings.

In order to comply with Adoption and Safe Families Act (ASFA) of 1997, the Guardian ad Litem in all dependency, neglect and abuse cases shall notify the juvenile's current foster family or custodian, if other than the Cabinet for Families and Children, of all hearings coming before Family Court.

Service

Mail to all parties

The Clerk must mail the pretrial-conference order to counsel of record and unrepresented parties at least 10 days before the conference, unless the parties agree otherwise.

Dates for pretrial conferences shall be fixed by Court order, copies of which shall be mailed by the Clerk to all counsel of record, and to parties not represented by counsel, at least ten (10) days in advance of the dates of the conference unless the parties agree otherwise.

Civil cases

Any response to a motion must be served at least two days before motion hour.

Responses to motions, if any, shall be filed and served at least two (2) days prior to the motion hour date.

Criminal cases

Applies to

Petition

An eligible person petitioning for a pretrial diversion order must give notice to the Commonwealth's Attorney.

An eligible person may petition the circuit court, with notice to the Commonwealth's Attorney, for the entry of a pretrial diversion order not less than seven (7) days before sentencing .

Civil cases

Service

Personal service

In a Family Court case, a motion filed six months or more after the decree or final or last order must be personally served under the Kentucky Rules of Civil Procedure; service on a prior attorney of record does not suffice.

Personal service shall be made pursuant to the Kentucky Rules of Civil Procedure in Family Court cases wherein a motion is filed six months or more from the entry of the decree or final order/last order entered in the case. On such cases, service on any prior attorney of record does not constitute service under the Kentucky Rules of Civil Procedure.

Motions must be served at least eight days before the hearing, except motions permitted ex parte; the Court may waive or modify this deadline for good cause or in the interests of justice.

C. There shall be filed with each motion a brief statement of the ground therefore with citations of authorities relied upon, which may be set forth in the body of the motion if the pleader so desires. Photocopies of cases relied upon may be attached as appendices to the Court's copy. Motions shall be filed with the Clerk and served at least eight (8) days prior to the time fixed for the hearing. Responses, if any, shall be filed and served at least three (3) days prior to the time fixed for the hearing. These time limits may be waived or modified by the Court upor a showing of good cause or in the interests of justice. The time of receipt of the motion shall be considered by the Court in riling on requests for late filing.

Civil cases

Serve photocopies of motions and notices on opposing parties or counsel on the filing date by mail, hand delivery, fax, or another court-approved method.

Photocopies of motions and/or notices shall be mailed, hand-delivered, faxed, or delivered in a manner otherwise approved by the Courts, to opposing parties or counsel on the same date the motion or notice is filed.

Service

Personal service

In domestic relations cases reopened more than six months after the final decree to modify it, personal service must comply with the Kentucky Rules of Civil Procedure; serving a prior attorney of record is not sufficient.

Personal service shall be made pursuant to the Kentucky Rules of Civil Procedure in domestic relations cases reopened after six (6) months from the entry of the final decree for the purpose of moditying a decree. On such cases, service on any prior attorney of record does not constitute service under the Kentucky Rules of Civil Procedure.

Civil cases

Applies to

Notice of request to withdraw

An attorney seeking to withdraw must serve a copy of the request notice on all parties.

Any attorney wishing to withdraw shall file a notice of such request and serve a copy on all parties.

Applies to

Report of sale

A copy of the Report of Sale must be served on the purchaser and all parties who are not in default.

A copy of the Report of sale shall be served on the purchaser in addition to all parties not in default.