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

CRITICAL

Service

Personal service to all parties

The moving party must serve the motion and proposed order on all other attorneys of record or unrepresented parties within a reasonable time, generally by hand service within three days.

(4) The moving party shall file with the motion a proposed order to be entered and serve the order, together with the motion, on all other attorneys of record, or the partics if unrepresented, within a reasonable time, but generally, in hand servicc, within three (3) days.

CRITICAL

The Clerk must give notice of an entered dismissal order to appeared attorneys of record or to unrepresented parties.

Notic of the entry of an order of dismissal shall be given by the Clerk to the attomeys of record, who have appeared in the case or to the partics, if unrepresented.

CRITICAL

Deadline

5 business days

Except for good cause, a motion must be served on each party who is not in default at least five business days before its hearing.

Except for good cause shown, a motion shall be filed with the circuit clerk and served upon each party, except those in default for failure to appear, no less than five business days prior to the date the motion is scheduled to be heard.

CRITICAL

To pay a warning order fee from sale proceeds, the plaintiff's attorney or warning order attorney must serve the Commissioner with the fee-approval order before the motion for distribution.

For payment of a waring order fee from proceeds of sale, the plaintiff's attorney or the warning order attorney must serve a copy of the order approving the fee on the Commissioner before motion for distribution.

CRITICAL

Applies to

Defendant expert disclosures

The defendant's experts must be named by the date specified in the order.

B. Defendant's experts) shall be named by .

CRITICAL

Serve copies of judicial-sale motions and accompanying judgments and orders of sale on the Master Commissioner as on other nondefaulting parties under CR 5.

Copies of motions for judicial sales and judgments and orders of sale tendered therewith shall be served on the Court's Master Commissioner, as upon other parties not in default pursuant to CR 5.

CRITICAL

Applies to

Plaintiff expert disclosures

A. Plaintiff's expert(s) shall be named by

A. Plaintiff's expert(s) shall be named by

CRITICAL

Applies to

Summons

Any active EPO or TIPO shall continue, and the summons shall be re-issued by the initiating court for a period not to exceed 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.

Any active EPO or TIPO shall continue, and the summons shall be re-issued by the initiating court for a period not to exceed 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.

CRITICAL

Applies to

Summons

If the adverse party has not been served by the date of transfer, the initiating court must re-issue the summons for no more than 14 days, unless the court determines another period is necessary to protect the petitioner.

Any active EPO or TIPO shall continue, and the summons shall be re-issued by the initiating court for a period not to exceed 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.

CRITICAL

The Clerk must distribute signed judgments and orders to the listed persons by mail or delivery and certify distribution with a check mark, initials, and date.

The Circuit Clerk of each Court shall distribute copies of all judgments and orders signed by the Judge by mail or delivery to the persons listed under distribution or similar language and shall certify mailing or delivery by making a check mark by the person listed and shall initial and date the same at the bottom of the distribution list.

CRITICAL

Applies to

Motion

If a motion requests an attorney's withdrawal, the attorney must also serve the motion on the client on or before filing.

If the motion includes a request for an attorney to withdraw as counsel of record for a client, the attorney shall also serve a copy of the motion upon the client on or before the date of filing of the motion.

CRITICAL

Service

Court service to all parties

The Clerk must serve notice of the intention to dismiss on appeared counsel or, when a mailing address is known, on the parties.

It shall be the duty of the Clerk to serve notice to counsel of record for all parties who have appeared, or to the parties if a mailing address is known, notifying each party of such intention.

CRITICAL

Applies to

Witness disclosures

Witness names must be exchanged by the date specified in the order; undisclosed witnesses may not testify unless permitted on motion showing good cause.

2. Names of all witnesses shall be exchanged no later than Witnesses who are not disclosed shall not be permitted to testify except upon motion for good cause shown.

CRITICAL

Applies to

Exhibits

Counsel must meet before the Pretrial to exchange exhibits and be prepared to discuss their admission, authenticity, or limited purposes; exhibits not exchanged may not be admitted.

6. the Court as to what exhibits can be agreed to for admission, authenticity, or other limited Counsel shall meet prior to the Pretrial to exchange exhibits and be prepared to discuss and advise purposes. Exhibits that are not so exchanged shall not be admitted.

CRITICAL

Deadline

3 business days

All motions must be served by close of business on the third business day before motion day; Saturdays and Sundays do not count as business days.

(3) To facilitate the preparation of motion day dockets, all motions shall be filed, served and received in the Clerk's Office by the close of business on the third business day prior to motion day. The Circuit Clerk of each county is hereby ordered to omit from the docket all motions that are not filed in accordance with this rule. (Saturday and Sunday are not considered business days for purposes of this rule.)

CRITICAL

A party filing written objections must send all parties notice to appear before the Court on the next regularly scheduled motion day.

If written objections are filed, the party(ies) filing said objection(s) shall send notice to all parties to appear before the Court at the next regularly scheduled motion day.

CRITICAL

Applies to

Motion

The movant must serve the motion on each party who is not in default on or before the filing date.

The movant shall serve a copy of the motion upon each party, except those in default for failure to appear, on or before the date of filing of the motion.

CRITICAL

The moving party must arrange for a qualifying title opinion to be served on the Master Commissioner before sale scheduling, or may have the Commissioner hire a familiar title attorney to provide one.

(Z) A 30-year opinion of title on the property to be sold, signed by a lawyer licensed to practice in Kentucky, shall be served on the Master Commissioner by the party that moved for sale prior to the Commissioner's having to schedule sale. Alternatively, the moving party may have the Commissioner hire an attorney who is familiar with title examination in the County to provide an opinion of title.

CRITICAL

In contested adoptions and involuntary termination petitions, the parties must exchange intended exhibit and witness lists no later than 14 days before the final hearing, unless otherwise ordered or affirmatively waived.

No later than 14 days before the final hearing of a contested adoption or petition for involuntary termination of parental rights, unless otherwise ordered or affirmatively waived, the parties shall exchange a list of exhibits and witnesses that each intends to use or have testify at the hearing.

CRITICAL

Applies to

Discovery

The Commonwealth must provide defense counsel all available discovery by the discovery pretrial conference.

The Commonwealth will provide the Defendant's counsel with all available discovery on or before the discovery pretrial conference.

CRITICALCriminal cases

After a hearing, with notice to the Commonwealth and to 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 .

After a hearing, with notice to the Commonwealth and to 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

Applies to

Motion for leave to withdraw

A copy of the withdrawal motion and hearing notice must be served on the client.

A copy of the motion and notice shall be served upon the client.

CRITICAL

Applies to

Discovery

Defense counsel must provide reciprocal discovery to the Commonwealth as soon as practicable after receiving discovery.

Defense counsel shall provide reciprocal discovery to the Commonwealth as soon as practicable after receipt of the discovery.

WARNING

(5) If the property has a building that has been vacated, a kcy should be delivered to the Master Commissioner upon or before issuance of Notice of Salc.

(5) If the property has a building that has been vacated, a kcy should be delivered to the Master Commissioner upon or before issuance of Notice of Salc.

WARNING

Include the judge on all copy lists.

Please list the judge on all copy lists.