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

CRITICAL

Applies to

Notice of hearing

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.

CRITICAL

Notices of motions 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.

CRITICAL

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.

CRITICAL

If the second parent or persons exercising custodial control or supervision are not served with the petition before a hearing but are later notified, the Court must hear the matter and give preference to statutory actions seeking entitlement of 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.

CRITICAL

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

Proof that the adverse party was served must be filed in the record.

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

CRITICAL

Applies to

Motion

A written motion requesting an order to obtain confidential video records must be noticed to all parties, including any child's Guardian ad Litem, and state the purpose of the request.

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.

CRITICAL

Notice of a review request is required to all parties as provided by 28 RFFC 202B.

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

CRITICAL

All parties must receive at least five days’ notice of hearings and reviews, except when 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.

CRITICAL

All parties must be properly served.

Have all the parties been properly served? KRS 199.480 (2)

CRITICAL

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

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

If the respondent has been served, the emergency protective order must be reissued and served with a summons stating 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.

CRITICAL

The Clerk must distribute orders by mail to unrepresented parties and by delivery or placement in assigned office receptacles for attorneys listed for distribution, then certify the distribution on the list with a check mark, initials, and date.

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

The checklist calls for confirming that all parties have been properly served.

Have all the parties been properly served?

CRITICAL

Deadline

3 business days

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

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

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.

CRITICAL

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.

CRITICAL

Applies to

Hearing notice

The hearing notice must be served upon the opposing party and include the hearing's time, date, and place.

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

CRITICAL

A pre-judgment motion alleging 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.

WARNING

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 the specified contact or other statutorily compliant measures.

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.

WARNING

If there is concern that opposing counsel or a party will not receive a motion by regular mail, a copy should also be sent by 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.

INFO

Applies to

Summons

The Clerk may prepare and deliver to the Sheriff for service a summons 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.