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

CRITICAL

A copy of a motion seeking to relieve counsel of responsibilities must be served on the client.

5.3 Once having entered appearance, counsel shall remain of record, unless relieved of responsibilities by the Court upon written motion and notice (with copy of said motion served on the client), until expiration of the time for filing a notice of appeal after the entry of a final judgment or order.

CRITICAL

All foster parents must receive notice of every hearing scheduled by the Court and must be given the right to be heard at every hearing.

All foster parents shall receive Notice of all hearings scheduled by the Court and shall be given the Notice to Foster Parents right to be heard at all hearings.

CRITICAL

Deadline

5 business days

Motions other than those permitted to be filed ex parte must be delivered to opposing counsel no later than closing time five business days before the motion docket.

All motions, civil and criminal, except those that are permitted to be filed ex parte, shall be filed with the Clerk of the appropriate county and served on opposing counsel by delivery no later than closing time in the Clerk's office five (5) business days immediately preceding the motion docket on which the motion is to be heard.

CRITICAL

After each hearing, the petitioner must continue diligent efforts to locate and notify everyone who has not yet been served.

The Petitioner shall make continuing diligent efforts after each hearing to locate and notify all persons who have not yet been served.

CRITICAL

Applies to

Motion for order

A person seeking an order to obtain confidential video records must give notice to all parties, including the child’s Guardian ad Litem if any.

An individual requesting such an Order must file a written motion, with Notice to all parties, including the child's Guardian ad Litem, if any, and set forth the reason for the request and proposed use thereof.

CRITICAL

For a jury trial, the parties must furnish the Pretrial Compliance Statement to the Court and each other at least one week before trial.

When a jury trial is requested, a Jury Trial Order shall be entered by the Court directing the parties to furnish to the Court and each other, at least one week prior to trial, a Pretrial Compliance Statement containing the following:

CRITICAL

At least five working days before property mediation, the parties must exchange and provide the mediator with their financial disclosure statements, asset valuation documents, debt payment and balance documents, and information or documents requested by the mediator.

The parties shall exchange and provide to the Mediator, in no less than five (5) working b. Copies of all documents supporting their valuation of the parties' assets: a. Their respective Financial Disclosure Statements including any changes thereto: c. Copies of all documents verifying monthly payments and outstanding balances on d. All information and copies of all documents requested by the Mediator prior to all the parties* debts; and the mediation conference.

WARNING

The Judge may proceed with specified hearings without service on the non-custodial parent if the required diligent service efforts are established on the record and that parent is not the named alleged perpetrator.

The Judge may permit the Temporary Removal Hearing, the Adjudication Hearing and the with FCRPP 18(1), if it is established on the record that Petitioner has made diligent efforts to serve Disposition Hearing to go forward when the non-custodial parent has not been served. in accordance all other parties, including initiating contact with the Child Support Division of the County perpetrator of the alleged neglect or abuse.