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

CRITICAL

Except for motions permitted to be filed ex parte, motions must be served on opposing counsel by delivery by the Clerk’s closing time one week before the Rule Day; service by mail requires an additional three days’ notice.

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 one week immediately preceding the Rule Day upon which the motion is to be heard. If service of the motion is by mail, an additional three (3) days' notice shall be required.

CRITICAL

After the Court approves an order, the Clerk enters it and sends copies to all parties or their counsel.

Upon the Court's approval, the Clerk will then enter the Order and send copies to all parties or their counsel.

CRITICAL

The parties or their counsel must notify the Commonwealth whenever the case is docketed.

Parties or their counsel shall notice the Commonwealth any time the case is docketed.

CRITICAL

Applies to

Motion

The Guardian Ad Litem of record in the confidential case must receive notice of the motion to access its records.

The Guardian Ad Litem of record in the confidential case to be opened shall receive notice of the motion.

CRITICAL

Pleadings and attachments must be served on all other parties or their counsel, and a copy must be forwarded to the Court.

All pleadings including any attachments shall be served on all other parties or their counsel and a copy forwarded to the Court.

CRITICALCriminal cases

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

After a hearing, with notice to the Commonwealth and 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 failure to make satisfactory progress .

CRITICAL

Applies to

Pretrial compliance statement

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

After the hearing, the Petitioner must continue diligent efforts to locate and notify everyone who was not served.

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

CRITICAL

Deadline

4 working days

Notice of every motion must be served on all necessary parties at least four working days before the scheduled hearing.

Notice of all motions must be served on all necessary parties no less than four (4) working days prior to any scheduled hearing.

CRITICAL

The Clerk must make reasonable efforts to notify the child's parents or guardians as required by KRS Chapter 600 and following.

The Clerk shall make reasonable efforts to notify the child's parents or guardians in keeping with the requirements of KRS Chapter 600, et seq.

CRITICAL

When a case is transferred because of a pending dissolution or custody matter, the initiating court must reissue the summons if service has not been made by the transfer date, and further reissuance occurs as needed in the transferee court.

Consistent with FCRPP 12, when the Family Court Judge orders 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.

WARNING

Applies to

Proposed orders or judgments

Counsel must transmit a courtesy copy of proposed orders or judgments submitted at the Court’s direction to opposing counsel.

5.4 In all matters taken under advisement, the Court may in its discretion direct the parties to submit proposed orders or judgments for consideration. All such proposed orders or judgments shall be submitted via e-mail to the Court in a Word (or compatible) document format, with a hard copy submitted to the Clerk. Counsel shall transmit a courtesy copy to opposing counsel.

WARNING

The Court may require the petitioner in a termination-of-parental-rights or adoption proceeding to notify the Cabinet that a petition has been filed.

The Court may require that the Cabinet for Health and Family Services be notified by the Petitioner in any termination of parental rights or adoption proceeding that a petition has been filed so that the Cabinet may comply with the reporting requirements of FCRPP 33(1).

WARNING

A copy of a motion seeking relief from counsel’s responsibilities must be served on the client.

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 upon the client), until expiration of the time for filing a notice of appeal after the entry of a final judgment or order.

WARNING

The Court may proceed with a Temporary Removal Hearing or adjudication despite lack of service on the non-custodial parent only if reasonable efforts to serve all other parties, including contacting the Child Support Division to locate an absent parent, are established on the record.

The Court may permit a Temporary Removal Hearing or adjudication to proceed when the non-custodial parent has not been served in accordance with FCRPP 18.1 if it is established on the record that there have been reasonable efforts to serve all other parties including initiating contact with the Child Support Division of the County Attorney's Office in an attempt to locate any absent parent.

INFO

Service

Email

Reports may be sent by email if appropriate measures are taken to preserve confidentiality.

Reports may be sent by e-mail with appropriate measures to preserve confidentiality.

INFO

Reports should also be forwarded to all parties or their counsel.

Additionally, reports should be forwarded to all parties or their counsel.