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

CRITICAL

After-hours emergency or temporary protective orders in Rowan County must be delivered immediately to Morehead City Police once executed and signed by the judge.

3. ROWAN COUNTY- Any Ex parte Emergency Protective Orders and/or Temporary Interpersonal Protective Orders that take place after hours shall be executed in Rowan County at the Rowan County Domestic Violence Shelter and shall be immediately delivered to the Morehead City Police from the Domestic Violence Shelter once executed and signed by the Judge.

CRITICAL

A Guardian ad Litem appointed for the listed respondents must notify the respondent of the appointment and proceeding, and must explain the right to genetic testing in paternity cases.

Guardians ad Litem appointed to represent unmarried infants, persons of unsound mind, or adult prisoners shall notify the respondent of his/her appointment as a Guardian ad Litem, inform the respondent of the nature of the proceeding, and, in paternity cases, inform the respondent of the right to have genetic testing conducted.

CRITICAL

All parties will receive notice of the hearing as stated on the Protective Order.

All parties will receive notice of the Protective Order hearing as indicated on the Protective Order.

CRITICALCivil cases

All relevant parties must receive notice of the proceedings and details about the reason for the motion.

All relevant parties shall receive notice of the proceedings as well as details concerning the reason for the Motion.

CRITICALCivil cases

When a domestic violence case is transferred due to a pending dissolution or custody matter, the initiating Court must reissue the summons if service has not been made, for up to 14 days or as the Court determines necessary for the petitioner’s protection; subsequent reissuance occurs as needed by the appropriate court.

Consistent with FCRPP 12, when a case is 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 to not exceed fourteen (14) 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, the reissuance of the summons shall occur as needed by the District Court if it has not been assigned to the Circuit Court or by the Circuit Court if the transfer has already occurred.

CRITICAL

Applies to

Status quo order motion

A respondent seeking a Status Quo Order by motion must give notice to the petitioner without the clerk's assistance.

However, the respondent must provide notice of the motion upon the petitioner without the assistance of the clerk.

CRITICALCivil cases

Applies to

Petition

A copy of the petition must be distributed to the County Attorney or Assistant County Attorney assigned to prosecute dependency actions.

A copy shall be distributed to the County Attorney or Assistant County Attorney assigned to prosecute dependency actions

CRITICALCivil cases

After-hours emergency protective orders in Rowan County must be executed at the Domestic Violence Shelter and immediately faxed to the Morehead City Police once signed by the judge.

3. ROWAN COUNTY - Any Ex parte Emergency Protective Orders that take place after hours shall be executed in Rowan County at the Rowan County Domestic Violence Shelter and shall be immediately faxed to the Morehead City Police from the Domestic Violence Shelter once executed and signed by the Judge.

CRITICAL

Applies to

Status quo order motion

Service

Court service to opposing party

The clerk must include a copy of the Status Quo Order motion for service with the Summons and Petition.

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

CRITICAL

All motions must be served on the appropriate Circuit Judge at the judge’s office, and that service must be stated in the certificate of service.

A copy of all motions shall be served upon the appropriate Circuit Judge at his/her office and such service shall also appear in the certificate of service.

CRITICAL

All parties must receive notice of the hearing as stated on the Protective Order.

All parties shall receive notice of the Protective Order hearing as indicated on the Protective Order.

CRITICALCivil cases

After the hearing, CHFS must continue diligently trying to locate and notify anyone who was not served.

The CHFS shall make continuing diligent efforts after the hearing to locate and notify all persons who are not served.

CRITICALCivil cases

An attorney seeking to withdraw must serve notice on the client and parties under the Rules of Civil Procedure and file a motion to withdraw under FCRPP 26.

If any attorney wishes to withdraw, notice must be served upon the client and parties pursuant to the Rules of Civil Procedure and a motion to withdraw must be filed pursuant to FCRPP 26.

WARNINGCivil cases

The Court Designated Worker and all other relevant agencies shall make every effort to give the custodial parent notice of the hearing.

The Court Designated Worker and all other relevant agencies shall make every effort to give the custodial parent notice of the hearing.

WARNING

Applies to

Protective order

All parties will receive notice of the Protective Order hearing as indicated on the Protective Order.

All parties will receive notice of the Protective Order hearing as indicated on the Protective Order.

WARNINGCivil cases

Applies to

Domestic violence hearing notice

All parties will receive notice of the domestic violence hearing as indicated on the Emergency Protective Order.

All parties will receive notice of the domestic violence hearing as indicated on the Emergency Protective Order.

WARNING

Applies to

Protective order

All parties must receive notice of the Protective Order hearing as indicated on the Protective Order.

All parties shall receive notice of the Protective Order hearing as indicated on the Protective Order.

WARNINGCivil cases

The Judge may allow a temporary removal or adjudicatory hearing to proceed without service on the non-custodial parent if the record establishes that CHFS diligently attempted to serve all other parties.

The Judge may permit a 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 CHFS has made diligent efforts to serve all other parties.

WARNINGCivil cases

Applies to

Domestic violence hearing notice

All parties will receive notice of the domestic violence hearing as indicated on the Emergency Protective Order.

All parties will receive notice of domestic violence hearing as indicated on the Emergency Protective Order.