Meade Circuit Court Service and Proof of Service Rules

CRITICAL

Service

Court service to all parties

The Clerk must promptly serve notice of the report's filing on all parties entitled to notice of entry of a final judgment.

who shall forthwith serve notice of the filing upon all parties who would be entitled to notice of entry of a final judgment.

CRITICALCivil cases

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

The Commonwealth must provide all discovery to the Defendant within 30 days after arraignment, with later discovery provided as permitted by criminal rule.

8.04 The Commonwealth will provide all discovery to the Defendant within thirty (30) days of arraignment and thereafter as permitted by criminal rule.

CRITICAL

Applies to

Matter modifying existing orders or conditions

A proceeding may be restored to the docket without notice, but a matter modifying an existing order or condition cannot be heard without appropriate service on and notice to all parties.

Restoration of Domestic Relations Proceedings to the Court Docket subsequent to the matter having been stricken therefrom may be made without notice, but no matters modifying existing orders or conditions therein shall be heard without appropriate service on and notice to all parties.

CRITICAL

Withdrawal or substitution of counsel by leave of Court requires a proper motion with notice to all parties.

Leave of Court upon proper motion with notice to all parties.

CRITICAL

In civil matters, the parties must exchange complete witness and exhibit lists at least 90 days before trial.

7.07 In all civil matters within no less than ninety (90) days preceding the trial date, the parties shall exchange a complete list of witnesses and exhibits.

CRITICALCivil cases

Applies to

Motion requesting status quo order

The clerk must include a copy of the motion with the summons and petition for service.

The clerk shall include a copy of the Motion for service with the Summons and Petition.

CRITICAL

The movant’s affidavit or affidavits supporting a motion must be served on the adverse party with the motion.

Each motion shall be verified or supported by affidavit(s) of the Movant, which shall be served upon the adverse party with the motion.

CRITICAL

The tendered judgment and order of sale must be served on the Master Commissioner when the motion is filed.

A certificate that a copy of the tendered judgment and order of sale was served on the Master Commissioner at the time the motion is filed.

CRITICALCivil cases

Applies to

Supporting affidavit

Any supporting affidavit must be served on the adverse party with the motion.

Each motion shall be verified or supported by affidavit(s) of the Movant, which shall be served upon the adverse party with the motion.

CRITICALCivil cases

Applies to

Motion

If the adverse party is not personally before the court, the motion must be served in the manner required for service of a summons.

If an adverse party is not personally before the Court, the motion shall be served upon the adverse party in the same manner as required for service of a summons.

CRITICAL

Applies to

Summons

When a case is transferred to another circuit and the adverse party has not been served, the initiating court must reissue the summons for up to fourteen days or as the court deems necessary to protect the petitioner; later reissuance occurs as needed in the receiving court.

Consistent with FCRPP 12, when the local domestic violence protocol requires that a case be transferred to another circuit due to a pending dissolution or custody matter, an emergency protective order shall continue and the summons 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 of transfer, or as the court determines is necessary for the protection of the petitioner. Thereafter, reissuance of the summons shall occur as needed in the court of transfer.

CRITICALCriminal cases

A motion seeking vacatur and expungement after successful completion must be accompanied by notice to the Commonwealth.

with notice to the Commonwealth

CRITICALCivil cases

Deadline

5 working days

The parties must exchange and provide the specified materials to the mediator no less than five working days before the mediation conference.

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 the case (e.g. closely held corporation, medical problems of any family member, etc.) a. Copies of all documents supporting valuation of assets; b. Copies of all documents verifying monthly payments and outstanding balances on all debts; and c. All information and copies of all documents requested by the mediator prior to the mediation conference.

CRITICAL

A motion to vacate and expunge the plea after successful completion of diversion requires notice to the Commonwealth.

If the defendant successtilly completes the provisions of the pretrial diversion agreement, then upon motion, with notice to the Commonwealth, and upon payment of any appropriate fee or charge, except for good cause shown, his plea of guilty shall be vacated and expunged from the record, and shall not inculpale the Defendant for any purpose to the extent permitted by law.

CRITICALCriminal cases

The Court may rescind diversion participation only after a hearing, notice to the Commonwealth and Defendant, and a showing of noncompliance or unsatisfactory progress.

A. After a hearing, with notice to the Commonwealth and to the Defendant, the Court may rescind a person's participation in the Diversion Program upon a showing of failure to comply with the conditions of the Diversion Program or failure to make satistactory progress.

CRITICAL

After a party is before the Court, service must comply with the Rules of Civil Procedure.

After a party is before the Court, service shall be had as provided in the Rules of Civil Procedure.

CRITICAL

Service

Mail

The certificate records delivery of a true and correct copy by first-class mail, postage prepaid, to the listed recipient.

I hereby certify that a true and correct copy of the foregoing was this day of , delivered by first class mail, postage prepaid, to:

CRITICAL

The court may void a defendant’s pretrial diversion participation after an evidentiary hearing with notice to the defendant.

After an evidentiary hearing, with notice to the defendant, the Court may voi: 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.

CRITICALCriminal cases

The Court may void a defendant’s participation in diversion after an evidentiary hearing with notice to the defendant and a showing of noncompliance or unsatisfactory progress.

After an evidentiary hearing, with notice 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.

CRITICALCivil cases

After a party is before the court, service must comply with the Rules of Civil Procedure.

After a party is before the Court, service shall be had as provided in the Rules of Civil Procedure.

CRITICAL

The Defendant must furnish an expert-witness list at least 90 days before trial.

The Defendant shall furnish a list of expert witnesses from whom it is expected that an expert opinion will be elicited no less than ninety (90) days preceding the trial date.

CRITICALCivil cases

When a domestic violence case is transferred because of a pending dissolution or custody matter, the emergency protective order continues and the initiating court must reissue the summons for up to fourteen days if service has not occurred by transfer, or for another period the court determines necessary for the petitioner’s protection.

Consistent with FCRPP 12, when the local domestic violence protocol requires that a emergency protective order shall continue and the summons 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 of transfer, or as the court determines is necessary for the protection of the petitioner. Thereafter, reissuance of the summons shall occur as needed in the court of transfer.

CRITICAL

Applies to

Witness list

In permanent-custody actions, each party must provide the other party a list of expected witnesses, excluding the parties and their children, at least 30 days before the hearing.

6.04 In any action wherein the permanent custody of children is in issue, each party shall (not less than thirty (30) ‹days prior to the day sct for hearing) provide the other party with a list of the names and a dresses of each and every person; other than a party or a child of the parties, expected to be called as a witness.

CRITICAL

Applies to

Return of service

Service

Court service

The Clerk must notify the requesting party through counsel that service was successful by placing a duplicate return in counsel’s courthouse mailbox or mailing it in a self-addressed, stamped envelope the attorney provided when filing.

The Clerk of the Court shall notify, through Counsel, the party making application for service of process that process has been successfully made by placing a duplicate copy of the return of service in the Courthouse mailbox held for said attorney, or by sending a copy of the return of service to said attorney in a self- addressed, stamped envelope provided by the attorney at the time of filing.

CRITICALCivil cases

A matter stricken from the docket may be restored without notice, but a matter seeking to modify an existing order or condition requires appropriate service and notice to all parties before it is heard.

Restoration of Domestic Relations Proceedings to the Court Docket subsequent to the matter having been stricken therefrom may be made without notice, but no matters modifying existing orders or conditions therein shall be heard without appropriate service on and notice to all parties.

CRITICAL

If the adverse party is not personally before the Court, the motion must be served in the manner required for service of a summons.

If an adverse party is no: personally before the Court, the motion shall be served upon the adverse party in the same manner as required for service of a summons.

CRITICAL

Deadline

5 working days

A motion may not be heard unless the adverse party was served notice of it at least five working days before the hearing, except for emergency ex parte motions.

adverse party has been served with notice of the bringing of the motion at least five (5) No motion, other than emergency ex parte motions, shall be heard by the court unless the working days prior to th:: date set for the hearing.

CRITICALCivil cases

The requester must give notice of the motion to all parties, including 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 of the request.

CRITICAL

Applies to

Assignment of judicial sale bid

A copy of the assignment must be tendered to the Master Commissioner.

a copy tendered to the Master Commissioner.

WARNING

Applies to

Written objections to report

days after being served with notice of the filing of the report, any party may serve written objections thereto upon the other parties.

days after being served with notice of the filing of the report, any party may serve written objections thereto upon the other parties.

INFOCivil cases

Any party may serve written objections to the report on the other parties.

any party may serve written objections thereto upon the other parties.