Oldham Circuit Court Service and Proof of Service Rules

CRITICAL

If appropriate, the County Attorney shall complete the ECO and, if granted, shall provide the original order to CHFS.

If appropriate, the County Attorney shall complete the ECO and, if granted, shall provide the original order to CHFS.

CRITICAL

Make all owners and taxing authorities with a claim or interest in the property parties to the action and duly serve them with process.

All owners (including owners and taxing authorities of unpaid delinquent taxes and unpaid taxes) who have a claim or interest in the property shall be made parties to the action and duly served with process.

CRITICAL

A copy must be distributed to the County Attorney's Office, and the original must be filed with the Family Court Clerk's Office.

A copy shall be distributed to the County Attorney's Office and the original shall be filed with the 12th Judicial Family Court Clerk's Offices.

CRITICAL

A party taking exception to the Report of Sale must serve the exceptions on all parties entitled to notice and on the Master Commissioner within ten days after the report is filed.

Any party taking exception to the Report of Sale shall, within ten (10) days from filing of Report of Sale, file in Court and serve a copy of his exceptions on all parties entitled to notice, and on the Master Commissioner.

CRITICAL

If the party elects to pay delinquent taxes directly, it must serve the required affidavit upon the Commissioner’s Office.

If such election is made under this provision, the party shall provide an affidavit to the Court with service upon the Commissioner’s Office, listing all delinquent taxing authorities and lien holders; amount owing; tax year; and that all delinquent taxing authorities and tax lien holders have been paid and attach proof of the delinquent tax payoff.

CRITICAL

Unless the parties agree, a motion to change bond conditions must include appropriate notice to the Commonwealth.

Unless the parties are in agreement, motions to change the conditions of bond shall be made in writing with appropriate notice to the Commonwealth. See RCr 4.40.

CRITICAL

Each party must exchange the listed trial-preparation information with the other party at least fourteen days before trial.

2. At least fourteen (14) days in advance of the trial date, each party shall file and exchange the following information: - a. A pretrial memorandum on the form supplied by the Court outlining all issues in dispute to be tried; - b. A list of all witnesses that may be called to testify; and - c. A list of all exhibits that may be introduced.

CRITICAL

If the Cabinet for Health and Family Services is a party or provides benefits to the child, it must be notified before an agreed order is submitted to the Court.

However, if the Cabinet for Health and Family Services is a party to the action and/or is providing benefits to the child, then the Cabinet shall be notified prior to submission of an agreed order to the Court.

CRITICAL

The listed motions must be served at least ten days before the hearing, subject to the Rules for Judicial Sales and the stated exception for motions to dismiss in cases initiated by an incarcerated individual.

6.11 Motions for Summary Judgment, Motions for Judgment on the Pleadings, Motions to Dismiss, Motions to Strike, and Motions under CR 12.02: Except as set forth in these Rules for Judicial Sales, all Motions for Summary Judgment, for Judgment on the Pleadings, to Dismiss, to Strike, and under CR 12.02 shall be noticed, served, and filed at least ten (10) days prior to the date to be heard on Motion Docket with a memorandum of authority. An opposing party shall have twenty (20) days from the date the motion was served to file a brief in Response. Thereafter, the moving shall be allowed seven (7) days to file a Reply brief. No further pleadings shall be allowed without leave of Court or agreement of record of all parties. Within seven (7) days from the close of the pleadings, either party may make a request for an oral argument. If no oral argument is requested then seven (7) days after the close of the briefing, the moving party shall notify the Court the matter is ready for final submission and adjudication by correspondence or AOC-280. The Clerk shall return the file to the Court. *These Rules and procedures do not apply to Motions to Dismiss in cases initiated by an individual presently incarcerated in a state or federal institution.

CRITICAL

The person requesting the order must give notice to all parties, including any child’s Guardian ad Litem.

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

Proposed Orders of Distribution must be served on non-defaulting parties and the Master Commissioner with at least ten days’ notice before Motion Hour.

All proposed “Orders of Distribution” shall be set for motion hour, served upon non-defaulting parties and the Master Commissioner with notice at least 10 days prior to Motion Hour.

CRITICAL

A motion to withdraw must be served on the client.

(with copy of said motion served upon the client)

CRITICAL

The motion must be filed with notice to all necessary parties.

After the statutory time periods have been met, counsel for the petitioner(s), shall a file a motion, with notice to all necessary parties, on the Court's regular DNA docket.

CRITICAL

A copy shall also be provided to the person seeking the ECO.

A copy shall also be provided to the person seeking the ECO.

CRITICAL

Applies to

Order setting pretrial date

The petitioner must serve the order setting the pretrial date on the parents and GAL with the Petition and Summons.

Immediately upon filing, the Petitioner shall obtain a pretrial date directly from the Court and shall serve a copy of the Order setting the pretrial date upon the parents and GAL with the Petition and Summons.

CRITICAL

The parties must exchange all documents required by the applicable rules, including final disclosure statements.

7. The parties shall file and exchange all required documents under the Civil Rules, the Family Court Rules of Practice and Procedure, or the local rules of this jurisdiction, including final disclosure statements by the deadlines set forth therein.

CRITICAL

Applies to

Motion for judgment on cross claims

Counsel must serve motions for judgment on defendants' cross-claims at least seven days before the date noticed for the Judgment and Order of Sale motion.

All motions for Judgment on any Defendant's cross-claims must be filed and served by counsel not less than seven (7) days prior to the date noticed for the Judgment and Order of Sale motion.

CRITICAL

The original ECO must remain with the clerk, and a copy must be provided to the person seeking it.

The original ECO shall remain with the 12th Judicial Circuit Court Clerk's Office and a copy shall also be provided to the person seeking the ECO.

CRITICAL

Service

Electronic service to opposing party

Unless the Court directs otherwise, requests to docket a case and notices of motions must be electronically served on opposing counsel at least 7 days before the Motion Docket.

Unless otherwise directed by the Court, all requests to docket a case and notice of all motions must be electronically served upon opposing counsel and filed at least 7 days prior to the Motion Docket.

CRITICAL

Applies to

Motion

Motions in circuit actions must be served with notice on the other parties or counsel at least seven calendar days before the county’s scheduled Motion Hour, except for good cause shown.

A. All motions in circuit actions are to be heard on a scheduled Motion Hour for each county and shall be “served” with Notice to the Other Parties and or Counsel seven (7) days prior to each county’s scheduled Motion Hour, except for good cause shown

CRITICAL

Applies to

Order setting pretrial date

A copy of the order setting the pretrial date must be served on any appointed counsel immediately after appointment.

A copy of the Order shall be served upon any appointed counsel immediately following appointment.

CRITICAL

The clerk must notify the listed parents or custodians, county attorney, CHFS, guardian ad litem, and counsel of the temporary removal hearing.

The clerk shall provide notification of the temporary removal hearing to the parents or other person exercising custodial control or supervision, county attorney, CHFS, any guardian ad litem, and any counsel of record.

CRITICAL

Deadline

1 business days

By the business day after filing, the clerk must mail or provide a petition copy to the listed parents or custodians, agencies, counsel, and guardian ad litem.

When a petition is filed, a copy shall be mailed or provided by the clerk to the parents or other person exercising custodial control or supervision, CHFS, the County Attorney, any guardian ad litem, and any counsel of record, no later than the business day following the filing of the petition.

CRITICAL

When the specified tax disbursements are to be made, a copy of the tax bill or bills must be furnished to the Master Commissioner with a payoff amount through the following month.

If disbursements are to be made to a taxing authority or tax lien holder, then the taxing authority and tax lien holders, (together with the outstanding tax bill number and year) must be listed in the proposed Order of Distribution, and a copy of the tax bill or bills must be furnished to the Master Commissioner with a payoff amount through the following month.

CRITICAL

The Master Commissioner must serve a copy of the report of sale on each party entitled to notice no later than three business days after the sale.

No later than three business days after the date of sale, the Master Commissioner shall file in Court his report of the sale and serve a copy on each party entitled to notice.

WARNING

The Judge may allow either hearing to proceed without service on the non-custodial parent if diligent efforts to serve all other parties are established on the record; the petitioner must continue efforts to locate and notify unserved persons, who retain their defenses.

The Judge may permit the Temporary Removal Hearing or the adjudicatory hearing to go forward when the non-custodial parent has not been served in accordance with FCRPP 17 if it is established on the record that the Petitioner has made diligent efforts to serve all other parties. The Petitioner shall make continuing legal efforts after the hearing to locate and notify all persons who were not served, and any unserved parties shall retain any legal defenses available.

WARNING

Applies to

Summons

When a protective-order case is transferred because of a pending dissolution or custody matter, the initiating court must reissue the summons; if service is incomplete, the DVO or IPO remains effective for the stated period, subject to the court’s determination, and the transfer court reissues the summons as needed.

Domestic violence matters may be reassigned from the district court division to circuit/family court when there is a dissolution/custody proceeding pending. Consistent with KRS 403.725 when the case is transferred to another circuit due to a pending dissolution or custody matter, the summons shall be reissued by the initiating court and, if applicable and if service has not been made as of the date of transfer, the DVO or IPO shall remain in effect for a period not to exceed fourteen (14) days from 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.