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

Applies to

Motion

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

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

Deadline

7 calendar days

The moving party must serve a copy of the motion no later than seven calendar days before the hearing.

A moving party, by counsel or pro se, shall file an original motion and serve a copy thereof no later than closing time in the Clerk's Office seven (7) calendar days immediately preceding the day upon which the motion shall be heard.

Criminal cases

Applies to

Pretrial diversion petition

A pretrial-diversion petition must be accompanied by notice to the Commonwealth's Attorney; the method of notice is not specified.

An eligible person may petition the circuit court, with notice to the Commonwealth's Attorney, for the entry of a pre-trial diversion order not less than seven (7) days before sentencing

In marital dissolution actions, Form AOC-238 must be served no later than ten days before the pre-trial conference unless the parties exchanged the statements earlier under FCRPP 2(3).

In marital dissolution actions an Order Setting Pre-Trial Conference shall include a requirement that all parties shall file and serve no later than ten (10) days before the pre-trial conference Form AOC-238 "Preliminary Verified Disclosure Statement" (unless the parties have exchanged such statements earlier in accordance with FCRPP 2 [3]).

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.

directing the parties to furnish to the Court and each other at least one week prior to trial a Pretrial Compliance Statement

Applies to

Motion to withdraw

A copy of a written motion seeking counsel's relief from responsibilities must be served upon the client.

4.3 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 upon the client), until expiration of the time for filing a notice of appeal after the entry of a final judgment or order. For good cause shown, the Court may permit oral motions to withdraw so long as the interests of the litigant are not adversely affected.

In marital dissolution actions involving property matters, Form AOC-239 must be served no later than ten days before trial.

In marital dissolution actions concerning property matters a pre-trial order shall include a requirement that all parties shall file and serve no later than ten (10) days before the trial Form AOC-239 "Final Verified Disclosure Statement" in accordance

Criminal cases

The Court may revoke or void participation in pretrial diversion only after a hearing, on the Commonwealth's motion or its own motion, with notice to the defendant, and upon the specified showing of noncompliance or unsatisfactory progress.

After a hearing, on motion of the Commonwealth or on the Court's own motion and with notice to the defendant, the Court may revoke or 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 .

If 60 days have passed since entry of the most recent order, any notice must be served on both opposing counsel and the opposing party at the party’s last known address.

If sixty (60) days have expired since the date of entry of the most recent order, any notice shall be served on both the opposing attorney and the party at his or her last known address.

Service

Mail

If a motion is served by mail, three additional days' notice is required.

If service of the motion is by mail, an additional three (3) days' notice shall be required.