Pike Circuit Court Service and Proof of Service Rules

CRITICAL

After the hearing, the petitioner must continue diligent efforts 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

Applies to

Letter

When only one party is represented, counsel must send the explanatory letter with service of the complaint.

In the event that only one party is represented by counsel, counsel for that party shal 1 be required to send, with the services of the complaint, a letter explaining the pro se party's responsibility to attend the clinic .

CRITICAL

The contempt rule must be served on the party against whom it is sought in accordance with the Civil Rules.

shall be served upon the party against whom the rule is sought as provided by the Civil Rules .

CRITICAL

Applies to

Order assigning indictment for arraignment

Service

Mail to all parties

The Clerk must mail the arraignment-assignment order to the Commonwealth Attorney and Defendant, and the text also requires an additional mailing when the charge originated in District Court, though the recipient is cut off.

The Clerk shall mail a copy of the order assigning the indictment for arraignment to the Commonwealth Attorney, and to the Defendant . If the Grand Jury charge was originally made in District Court, the Clerk shall also mail a copy ofthe order assigning the indictment for arraignment to his

CRITICAL

A Guardian Ad Litem appointed for an unmarried infant, a person of unsound mind, or an adult prisoner must notify the respondent of the appointment, the proceeding’s nature, and the right to genetic testing.

Guardians Ad Litem appointed to represent unmarried infants, persons of unsound Guardian Ad Litem, inform the respondent of the nature of the proceeding and of mind, or adult prisoners shall notify the respondent of his/her appointment as a the respondent's right to have genetic testing conducted.

CRITICAL

Applies to

Notice of withdrawal request

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.

CRITICAL

Bail pending sentencing or appeal may be granted only on the defendant's attorney's motion and upon notice to the Commonwealth's attorney.

Bail pending sentencing or bail during the pendency of an appeal or a reduction thereof shall only be granted on motion by the attorney for the defendant upon notice to the attorney for the Commonwealth .

CRITICAL

For referred matters, the Commissioner must furnish the Clerk with a hearing-setting order and provide copies to all counsel of record.

C) Where such matters are referred to the Commissioner by, Standing Order or referral, either attorney shall schedule the matter for hearing before the Commissioner who shall then furnish the Clerk an Order setting the matter for hearing with copies to all counsel of record .

CRITICAL

Applies to

Motion

Copies of motions may be mailed, hand delivered, or sent by electronic transmission.

All motions filed pursuant to PFRP 201 (A) shall be filed and clocked no later than 12:00 pm on Wednesday with copies to be either mailed, hand delivered or sent by electronic transmission (CR 5.02). All motions filed after 12:00 pm shall be placed on the following week's motion hour.

CRITICAL

Counsel preparing an order or judgment must give the Clerk enough copies to complete service when required by CR 77.04.

Counsel preparing the Order or Judgment shall also deliver to the Clerk a sufficent number of copies to permit the Clerk to complete service thereof when required by CR 77 .04 .

CRITICAL

A copy of the motion for a contempt rule must be attached to the rule for service.

A copy of the motion for rule shall be attached to the rule for purposes of service of process .

CRITICAL

Notice of a request for a judicial order must be provided to all parties, including the child's Guardian Ad Litem, if any.

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

Deadline

5 working days

For property mediation, the parties must provide the listed statements and supporting materials to the mediator at least five working days before the conference.

The parties shall exchange and provide to the mediator, in no less than five (5) working days prior to the mediation conference, the following: change: Supplement to financial disclosure statement regarding any material mediator and a brief narrative statement of any special problems affecting the A short statement including definition of the issue to be addressed by the etc.). case (e.g. closely held corporation, medical problems of any family member, a. b. Copies of all documents verifying monthly payments and Copies of all documents supporting valuation of assets; outstanding balances on all debts; and, c. mediator prior to the mediation conference. All information and copies of all documents requested by the

WARNING

After withdrawal, former counsel must forward all pleadings, motions, and other papers to succeeding counsel.

Upon withdrawal, former counsel shall forward all pleadings, motions, and other papers to succeeding counsel .

WARNING

The judge may allow a Temporary Removal Hearing or adjudicatory hearing to proceed without service on the non-custodial parent if the petitioner’s diligent efforts to serve all other parties, including the specified effort to locate an absent parent, are established on the record.

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 FRPP 18.I 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.

WARNING

Notice of a motion for a contempt rule is not required.

No notice shall be required of the motion for a rule .

INFO

Counsel may waive service of an order or judgment and notice of its entry.

Counsel may waive service of any order or Judgment, and notice of entry .