Pulaski Circuit Court Service and Proof of Service Rules

CRITICALCivil cases

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.

CRITICALCriminal cases

The Court may void participation in pretrial diversion after a hearing and notice to the Commonwealth and defendant if the required showing is made.

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

Motion notices must be served at least five days before the noticed hearing date.

Notice of motions shall be served at least five (5) days prior to the noticed hearing date.

CRITICALCivil cases

All parties must receive at least five days’ notice of hearings and reviews unless good cause is shown or an emergency exists.

Except in cases where good cause is shown or an emergency exists, all parties shall be given a minimum of five (5) days notice of all hearings and reviews.

CRITICALCivil cases

Applies to

Post judgment motion

All post-judgment motions must be served on the opposing party.

All post-judgment motions must be served upon the opposing party.

CRITICALCivil cases

Notice of a motion requesting an order to obtain confidential video records must be given to all parties, including 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 of the request.

CRITICALCivil cases

Applies to

Notice of motion

Notice of a post-judgment motion must be served on the adverse party and any attorney of record at least ten days before the noticed Rule Day, as described in CR 5.02.

Notice of such a motion must be served upon the adverse party and his attorney of record, if any, at least ten days prior to the Rule Day for which the motion is noticed. Service upon the adverse party shall be as described in CR 5.02. Service upon the opposing attorney of record shall be as described in CR 5.02.

CRITICALCivil cases

If the second parent or a person exercising custodial control or supervision was not served before the hearing but is later notified, the Court must hear the matter and give preference to statutory actions seeking custody.

If the second parent or persons exercising custodial control or supervision has not been served with the petition prior to a hearing but subsequently notified of the proceedings, the Court shall hear the matter, giving preference to statutory actions seeking entitlement of custody.

CRITICALCivil cases

A party requesting a review hearing must give notice to all parties as provided in 28 RFFC 202B.

Notice is required to all parties as set forth in 28 RFFC 202B.

CRITICALCivil cases

A motion must be delivered to opposing counsel or an unrepresented party entitled to notice by 4:00 p.m. on the preceding Friday, with service as described in CR 5.02.

Each motion shall be delivered to opposing counsel, or party not represented by counsel and entitled to notice, no later than 4:00 p.m. on the Friday immediately preceding the Rule Day for which the motion has been noticed. "Service" shall be as described in CR 5.02.

CRITICAL

Applies to

Hearing notice

The hearing notice containing the time, date, and place must be served on the opposing party.

The time, date and place of the hearing shall be included in the notice served upon the opposing party.

CRITICALCriminal cases

Before making a recommendation, the Commonwealth must seek input from the victim or the victim’s family and advise them when and where the motion will be heard.

Interview and seek input from the victim and/or victim's family and advise them of the time, date and place the motion will be heard by the Court;

CRITICALCivil cases

Proof of service on the adverse party must be filed in the record.

G. Proof of service on the adverse party must be filed in the record.

CRITICALCriminal cases

The court may void participation in pretrial diversion after a hearing with notice to the Commonwealth and defendant, upon the specified showing.

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

Applies to

Notice

The hearing notice must be served upon the opposing party.

The time, date and place of the hearing shall be included in the notice served upon the opposing party.

CRITICALCivil cases

Deadline

3 business days

Applies to

DNA-12 form

The DNA-12 Form must be provided to the parties or their counsel at least three business days before the hearing.

The DNA-12 Form shall be provided to any parties or their counsel at least three (3) business days prior to the scheduled hearing.

CRITICALCivil cases

Service

Court service

The Clerk must distribute orders to listed recipients by mail for unrepresented parties or by delivery or placement in attorneys' assigned receptacles, and certify each distribution on the list.

The Clerk shall distribute copies of all orders by mail to any unrepresented party or delivery or placement in the receptacles assigned for the attorneys in the clerk's office to the persons listed under DISTRIBUTION and shall certify such mailing, delivery or placement 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

A copy of each motion must be served on the circuit judge at least five days before the noticed hearing date.

A copy of each motion shall also be served upon the circuit judge at least five (5) days prior to the noticed hearing date.

CRITICAL

Applies to

Notice of motion

Notice of a motion must be served at least five days before the noticed hearing date.

Notice of motions shall be served at least five (5) days prior to the noticed hearing date.

CRITICALCivil cases

Applies to

Pre judgment motion for rule

A pre-judgment motion for a Rule concerning violation of a pendente lite order must be served on opposing counsel or an unrepresented opposing party by midnight on the Friday before the Rule Day, pursuant to CR 5.01 and CR 5.02.

1. Pre-Judgment Proceedings - A pre-judgment motion for a Rule for failure to abide by the provisions of a pendente lite order shall be served upon opposing counsel, or party not represented by counsel, no later than midnight on the Friday immediately preceding the Rule Day on which the motion is to be heard. "Service" shall be pursuant to CR 5.01 and as described in CR 5.02.

CRITICALCivil cases

Applies to

Emergency protective order

If the respondent has been served, the emergency protective order must be reissued and served with the summons for the new hearing date.

If the respondent has been served, the emergency protective order shall be reissued at that time and served with a summons containing the new hearing date.

CRITICALCivil cases

Have all the parties been properly served?

Have all the parties been properly served?

WARNINGCivil cases

If there are concerns of the opposing counsel or party receiving the motion by regular mail, a copy should be sent to them via facsimile, email or hand-delivery.

If there are concerns of the opposing counsel or party receiving the motion by regular mail, a copy should be sent to them via facsimile, email or hand-delivery.

WARNINGCivil cases

The judge may allow a temporary removal or adjudicatory hearing to proceed without service on one parent if the record establishes the Petitioner’s timely, diligent efforts to serve the other parties, including efforts to locate the absent parent.

The judge may permit the temporary removal hearing or the adjudicatory hearing to go forward when one parent has not been served, if it is established on the record that Petitioner has made diligent efforts to serve all other parties in time to permit them to prepare for and participate in the hearing, including initiating contact with the Child Support Division of the County Attorney's Office in an attempt to locate any absent parent or other measures in compliance with statutory requirements.

INFOCivil cases

The Clerk may prepare and deliver a requested summons to the Sheriff for service when requested by appointed counsel or a Guardian Ad Litem.

The Clerk may prepare and deliver to the Sheriff for service a summons requested by appointed counsel and Guardians Ad Litem.