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

CRITICAL

Copies of motions under 37FRP 201(B) must be mailed, hand delivered, or sent by electronic transmission by 4:00 p.m. on Wednesday.

B. All motions pursuant to 37FRP 201 (B) shall be filed and clocked no later than 4:00 p.m. on the preceding Tuesday with copies mailed, hand delivered or sent by electronic transmission by 4:00 p.m. on Wednesday.

CRITICAL

The written motion requesting an order must be noticed to all parties and to the child’s Guardian Ad Litem, if any.

An individual requesting a judicial order must file a written motion, with notice to all parties, including the child's Guardian Ad Litem, if any, and set forth the purpose for the request.

CRITICAL

Service

Court service to opposing party

Therefore, if a Motion for a Status Quo Order is filed with the Petition which requests entry of the AOC 237, Status Quo Order, and which states that the Respondent has ten days to file any objection to entry of the Order, the clerk will serve a copy of the Motion with the Summons and Petition on the Respondent.

Therefore, if a Motion for a Status Quo Order is filed with the Petition which requests entry of the AOC 237, Status Quo Order, and which states that the Respondent has ten days to file any objection to entry of the Order, the clerk will serve a copy of the Motion with the Summons and Petition on the Respondent.

CRITICAL

Applies to

Trial order

The clerk must hand or mail copies of the trial order to attorneys of record at least five days before trial, unless the attorneys waive the timing with the court's consent.

Copies of the order shall be handed to or mailed to all attorneys of record, by the Clerk of this Court, at least five (5) days before the date of trial unless the time is waived by the attorneys with consent of the Court.

CRITICALCriminal cases

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

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

CRITICAL

Copies of motions under 37FRP 201(A) must be mailed, hand delivered, or sent by electronic transmission by 4:00 p.m. on Thursday.

A. All motions pursuant to 37FRP 201 (A) shall be filed and clocked no later than 4:00 p.m. on the preceding Wednesday with copies mailed, hand delivered or sent by electronic transmission by 4:00 p.m. on Thursday.

CRITICAL

After the hearing, the petitioner must continue diligently trying 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

Copies of motions under 37FRP 201(C) must be mailed, hand delivered, or sent by electronic transmission by 4:00 p.m. on Wednesday.

C. All motions pursuant to 37FRP 201 (C) shall be filed and clocked no later than 4:00 p.m. on the preceding Tuesday with Copies mailed, hand delivered or sent by electronic transmission by 4:00 p.m. on Wednesday.

CRITICAL

All parties must be served with notice when an attorney requests to withdraw.

All parties shall be served with notice of an attorney's request to withdraw.

WARNING

The Judge may allow the hearing to proceed without service on the non-custodial parent if the record establishes diligent efforts to serve all other parties, including contacting the Child Support Division to locate an absent parent.

The Judge may permit the Temporary Removal Hearing or the adjudicatory 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 petitioner has made diligent 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.