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

CRITICAL

When service is delivery pursuant to CR 5.02, it must be effected five days before the initially set Rule/Motion Day.

Service shall be effected five (5) days preceding the Rule/Motion Day for which the motion is initially set if service is delivery pursuant to CR 5.02.

CRITICAL

Service

Mail to opposing party

A motion must be served by mail on the opposing represented party at least five days before the initially set Rule Day.

Each motion shall be served on the opposing party represented by counsel at least five (5) days preceding the Rule Day for which the motion is initially set if service is by mail.

CRITICALCivil cases

Applies to

Final verified disclosure statement and supporting documentation

Provide the disclosure statement and supporting documents to opposing counsel within 30 days after filing the hearing motion, unless the hearing is set within that period, in which case disclosure is governed by the Court's order.

A copy of this disclosure statement, together with any supporting documentation, shall be provided to the opposing party's attorney within thirty (30) days of the filing of the motion for hearing, unless the hearing date is set within thirty (30) days of filing the motion for the hearing, upon which disclosure shall be at the order of the Court.

CRITICAL

Service by delivery pursuant to CR 5.02 must be effected five days before the initially set Rule/Motion Day.

Service shall be effected five (5) days preceding the Rule/Motion Day for which the motion is initially set if service is delivery pursuant to CR 5.02.

CRITICAL

The attorney filing a Notice of Appeal, Designation of Record, or Order to Proceed in forma pauperis must send a copy to the court reporter or circuit clerk.

A copy of any Notice of Appeal, Designation of Record or Order to Proceed in forma pauperis shall be sent to the court reporter or circuit clerk by the attorney filing same.

CRITICALCivil cases

Deadline

5 business days

Motions must be served on opposing counsel by delivery five business days before the Rule Day, with three additional days' notice required if service is by mail.

2.3 All motions to be heard at motion hour on the appropriate motion day shall be filed (the original motion) and served on opposing counsel by delivery no later than closing time in the Clerk's Office five (5) business days immediately preceding the Rule Day upon which the motion is to be heard. If service is by mail, an additional three (3) days' notice shall be required

CRITICALCivil cases

After 60 days have elapsed since the last order or judgment, any notice must be served on both opposing counsel and the client party at the party's last known address.

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

CRITICALCivil cases

Pendent lite motions must be served on the opposing party and set for a hearing before the court, unless the parties agree otherwise.

Any pendent lite motions shall be served on the opposing party and set for a hearing before the court unless otherwise agreed to by the parties.

CRITICAL

Deadline

2 business days

Responsive motions served pursuant to CR 5.02 must be served on opposing counsel or an unrepresented opposing party at least two business days before the Rule/Motion Day in Clinton County.

Each responsive motion shall be served on opposing counsel or a party, if not represented by counsel, at least two (2) business days in Clinton County and 5 business days in Cumberland and Monroe Counties preceding the Rule/Motion Day for which the original motion is initially set if service is effected pursuant to CR 5.02.

CRITICAL

Applies to

Summons

When a transferred case has an unserved adverse party, the initiating court must reissue the summons for no more than fourteen days, or for a period the court deems necessary to protect the petitioner; the receiving court may reissue it as needed thereafter.

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 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.

CRITICALCivil cases

When a case is transferred because of a pending dissolution or custody matter, the initiating court must reissue the summons if the adverse party has not been served, for no more than fourteen days or as the court considers necessary to protect the petitioner; afterward, the receiving court reissues it as needed.

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 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

Deadline

2 business days

Responsive motions served pursuant to CR 5.02 must be served on opposing counsel or an unrepresented party at least two business days before the Rule/Motion Day in Clinton County.

Each responsive motion shall be served on opposing counsel or a party, if not represented by counsel, at least two (2) business days in Clinton County and 5 business days in Cumberland and Monroe Counties preceding the Rule/Motion Day for which the original motion is initially set if service is effected pursuant to CR 5.02.

CRITICALCivil cases

A copy of the proposed findings, conclusions, and order must be furnished to all parties involved.

A copy of the proposed Findings of Fact, Conclusions of Law and Order will be furnished to all parties involved in the matter

CRITICALCivil cases

Applies to

Financial disclosure statement objections

Objections to the financial disclosure statements must be exchanged 20 days thereafter and may not be filed in the record unless the Court orders otherwise.

objections thereto shall be exchanged twenty (20) days thereafter and shall not be filed in the record unless ordered by the Court.

CRITICAL

Service

Mail to opposing party

A motion served by mail must be served on the represented opposing party at least five days before the initially set Rule Day.

Each motion shall be served on the opposing party represented by counsel at least five (5) days preceding the Rule Day for which the motion is initially set if service is by mail.

CRITICALCivil cases

Applies to

Financial disclosure statement

The petitioner’s and respondent’s financial disclosure statements must be exchanged within 45 days after the petition is filed.

The financial disclosure statement of the Petitioner and the Respondent shall be exchanged between the parties within forty-five (45) days of filing of the petition

WARNING

Subpoena service by law office personnel or a party will be considered a cost to the extent the sheriff would be compensated for similar service.

To the extent that the sheriff would be compensated for similar service, service of subpoena by law office personnel or a party will be considered as costs when assessing costs.

WARNING

Time for serving motions and responsive motions is computed in accordance with CR 6.01.

4. COMPUTATION OF TIME FOR FILING AND SERVICE - Time for filing and service of motions and responsive motions shall be computed in accordance with CR 6.01.

INFO

Subpoena service by law office personnel or a party will be considered as a cost when assessing costs, to the extent the sheriff would be compensated for similar service.

To the extent that the sheriff would be compensated for similar service, service of subpoena by law office personnel or a party will be considered as costs when assessing costs.