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

CRITICAL

Applies to

Written objection

The objecting party must file and serve written objections on all parties and the Court.

have been filed and served upon all parties and the Court by the objecting party

CRITICALCriminal cases

The Court may void participation in pre-trial diversion for failure to comply with its conditions or make satisfactory progress only after a hearing with notice to the Commonwealth and the defendant.

After a hearing, with notice to the Commonwealth and to the defendant, the Court may void a person's participation in pre-trial diversion upon a showing of failure to comply with the conditions of diversion or a failure to make satisfactory progress .

CRITICAL

Applies to

Motion to withdraw

Such motion shall be served on the party as provided by CR 5.

Such motion shall be served on the party as provided by CR 5.

CRITICAL

Applies to

Order or judgment

A copy of the tendered Order or Judgment must be served on counsel for all parties.

with service of a copy of same upon counsel for all parties

CRITICAL

Objections to the preliminary disclosure statements must be exchanged 20 days thereafter.

Objections thereto shall be exchanged 20 days thereafter,

CRITICAL

AOC 239 Final Verified Disclosure Statements must be provided to opposing counsel or the opposing pro se party within 30 days after a hearing motion is filed, unless the hearing is set within that period, in which case disclosure is at the Court's direction.

AOC 239, Final Verified Disclosure Statements, are to be provided to the opposing party's attorney or pro se party within 30 days of the filing of a motion for hearing unless the hearing is set within 30 days of the filing of the motion for the hearing, upon which disclosure shall be at the order of the Court.

CRITICAL

A copy of each filed motion must be served on the presiding Judge.

A copy of cach Motion filed shall be served upon the presiding Judge.

CRITICAL

Applies to

Hearing notice

The requesting party must serve the adverse party written notice stating the hearing’s time, place, and purpose seven days before the hearing, unless the parties agree otherwise or the Commissioner schedules it by order.

No proceeding shall be heard unless the party requesting such hearing has served written notice seven (7) days before the date of such hearing on the adverse party, notifying such party of the time, place, and purpose of the hearing, unless otherwise agreed by the parties or scheduled by order at the discretion of the Domestic Relations Commissioner.

CRITICAL

After the Judge signs the Indictments, the Circuit Clerk must mail or deliver copies to the Commonwealth's Attorney and, if the Defendant was previously represented, to the Defendant’s former attorney.

Upon the signing of the Indictments by the Judge, the Circuit Clerk shall make copies of the Indictments and shall mail or deliver same to the Commonwealth's Attorney and, in the event the Defendant was previously represented by counsel, shall also mail or deliver copies to the Defendant's previous attorney.

CRITICAL

Each motion must be served on opposing counsel and any unrepresented party entitled to notice using the methods defined in CR 5.02.

Each motion shall be served on opposing counsel and party not represented by counsel and entitled to notice. "Service" shall be by the methods defined in CR 5.02.

CRITICALCriminal cases

Applies to

Petition

A petition for a pre-trial diversion order must be accompanied by notice to the Commonwealth's Attorney.

An eligible person may petition the Circuit Court, with notice to the Commonwealth's Attorney, for the entry of a pre-trial diversion order not less than fourteen (14) days before trial .

CRITICAL

Applies to

Pre trial diversion petition

An eligible person may petition for a pre-trial diversion order with notice to the Commonwealth's Attorney, no less than fourteen days before trial.

(a) An eligible person may petition the Circuit Court, with notice to the Commonwealth's Attorney, for the entry of a pre-trial diversion order not less than fourteen (14) days before trial.

CRITICAL

Applies to

Order or judgment

Service

Court service

The Clerk must serve qualifying Orders or Judgments on the Master Commissioner.

All Orders or Judgments involving or requiring action by the Master Commissioner shall be served upon said Commissioner by the Clerk, and such Order or Judgment shall contain a Certificate of the counsel preparing same at the bottom of the last page thereof to the effect that it is an Order or Judgment concerning which the Clerk is required to serve on the Master Commissioner.

CRITICAL

In contested dissolution actions, the parties must exchange AOC-238 Preliminary Verified Disclosure Statements within 45 days after service of the petition on the respondent.

Consistent with FCRPP 2(3), in contested dissolution actions, AOC-238, Preliminary Verified Disclosure Statements, shall be exchanged between the parties within 45 days of the service of the petition on the respondent.

WARNING

Service

Mail

Notice of general docket calls must be posted conspicuously in the Clerk's office and mailed to each case's attorneys of record.

Notice of general calls of the docket shall be given by posting a notice thereof in a conspicuous place in the Clerk's office and by mailing to all attorneys of record in each case to be called a copy of such notice.