Montgomery Circuit Court Service and Proof of Service Rules

CRITICAL

All parties shall 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.

CRITICALCivil cases

If no CHFS social worker is involved, copies of the issued ECO must be provided to the requester before they leave the clerk's office and to CHFS, while the original remains with the clerk's office.

If an ECO is issued and a CHFS social worker is not involved in this process, a copy shall be provided to the person seeking the ECO prior to leaving the respective Circuit Court Clerk's Office, as well as to CHFS. The original ECO shall remain with the appropriate Circuit Court Clerk's Office.

CRITICALCivil cases

After approval, the petition must be initialed, a copy distributed to the attorney assigned to prosecute dependency actions, and the original filed with the appropriate Circuit Court Clerk.

If the petition is approved, the County Attorney or Assistant County Attorney or District Judge, as appropriate, shall initial the petition for filing. A copy shall be distributed to the County Attorney or Assistant County Attorney assigned to prosecute dependency actions and the original shall be filed with the Office of the appropriate Circuit Court Clerk in the 21s Judicial District.

CRITICALCivil cases

After the hearing, CHFS must continue diligent efforts to locate and notify every person 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

The Juvenile Clerk must notify appointed attorneys of the temporary removal hearing date and provide copies of all relevant documents.

The Juvenile Clerk shall notify the appointed attorneys of the date for the temporary removal hearing, and provide them copies of all relevant documents.

CRITICALCivil cases

Applies to

Notice of withdrawal

An attorney seeking to withdraw must serve notice on the client and parties under the Rules of Civil Procedure.

If any attorney wishes to withdraw, notice must be served upon the client and parties pursuant to the Rules of Civil Procedure

CRITICAL

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.

CRITICALCivil cases

Applies to

Dispositional report

CHFS must provide the dispositional report to the court and all attorneys of record at least three days before the disposition hearing.

At the Dispositional Hearing, CHFS shall provide the Court and all Attorneys of record with the information required pursuant to FCRPP 28, and any dispositional report shall be filed and provided to the court and all attorneys of record at least three (3) days prior to a disposition hearing, by completing form DNA-12.

CRITICAL

A copy of every motion 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 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.

CRITICAL

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.

CRITICALCivil cases

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

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

CRITICAL

Service

Court service

The clerk must include a copy of the Status Quo Order 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 Respondent must give 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

If the judge is not listed in the certificate of service, the clerk must return the motion.

judge is not listed in the certificate of service, the respective clerk is directed to return

CRITICALCivil cases

When a domestic violence case is transferred, the emergency protective order continues and the summons must be reissued under the stated conditions and 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.

WARNINGCivil cases

The judge may allow either specified hearing to proceed without service on the non-custodial parent if the record establishes CHFS diligently tried 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

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.