Mason Circuit Court Service and Proof of Service Rules

CRITICAL

An emergency motion must provide notice as practicable.

In an emergency for temporary order for custody, maintenance, and support or to modify and review same, a party on motion, with such notice as practicable, supported by affidavit of movant stating facts to establish the emergency, may move the Court, in person or by counsel, for order of emergency temporary custody, maintenance, or support for a period of up to thirty (30) days.

CRITICAL

Applies to

Summons

When a domestic violence case is transferred because a dissolution or custody matter is pending, the emergency protective order continues and summons reissuance follows the stated service and protection conditions.

If at any time during the processing of a domestic violence case it is found there is a pending dissolution or custody matter, then consistent with FCRPP 12, the domestic violence case shall be reassigned to the circuit court with appropriate jurisdiction. The emergency protective order shall continue, and the summons to the appropriate court shall be reissued by the initiating court. pursuant to KRS 403.740(4), for a period not to exceed fourteen days if service has not been made on the adverse party by the date the case is transferred, or for as long as the Court determines is necessary for the protection of the petitioner. Thereafter, reissuance of the summons shall occur as needed by the court of jurisdiction to which the case is transferred.

CRITICAL

All parties must receive notice of a custody-order application or modification request.

Application for a custody order or to modify a custody order or required by law, with notice to all parties, for hearing by the Court in custody decree shall be to the Court on motion, and affidavits as accordance with procedure established by Kentucky Revised Statutes and these Local Rules.

CRITICAL

Service

Mail

Service by mail relating to a motion hearing must be posted seven days before Motion Day, excluding Motion Day from the count.

Service by mail relative to the date the motion shall be heard shall be posted SEVEN (7) DAYS preceding Motion Day. Actual service shall be made FOUR (4) DAYS preceding Motion Day. Motion Day shall not be included as a day for these purposes.

CRITICAL

When an appearance does not waive notice of future proceedings, notice must be given of those proceedings, including the filing of exceptions and submission for judgment or decree.

If an entry of appearance is filed and does not waive notice of future proceedings, including the filing of exceptions and the submission for judgment or decree, notice must be given of said proceedings.

CRITICALCriminal cases

The court may void pretrial diversion only after a hearing with notice to the Commonwealth and the defendant, and upon a showing of noncompliance or unsatisfactory progress.

After a hearing, with notice of 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

The submitting party must serve copies as required by CR 5, certify service, and serve the purchaser.

The party submitting the order shall serve copies of the same as required by CR 5, and so certify. The purchaser must also be served.

CRITICAL

A custody application or modification motion must be accompanied by notice to all parties.

Application for a custody order or to modify a custody order or custody decree shall be to the Court on motion, and affidavits as required by law, with notice to all parties, for hearing by the Court in accordance with procedures established by FCRPP 7, Kentucky Revised Statutes and these Local Rules.

CRITICAL

When an appearance does not waive notice, notice must be given of future proceedings, including the filing of exceptions and submission for judgment or decree.

If an entry of appearance is filed and does not waive notice of future proceedings, including the filing of exceptions and the submission for judgment or decree, notice must be given of said proceedings.

WARNING

After a hearing and notice to the Commonwealth and defendant, the Court may void participation in diversion upon a showing that the conditions were not followed.

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

WARNING

Service

Mail to opposing party

The listed distribution directions specify mailing copies to the named attorney at the stated address.

Mail copies to: John Jones Attorney for plaintiff, Jane Doe 208 Main Street Florence, Kentucky 41042

INFO

Briefs and instructions should be served on opposing parties or counsel.

Briefs and instructions should be served on opposing parties or counsel.