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

CRITICALCivil cases

After the hearing, CHFS must continue diligent efforts to locate and notify anyone who was not served.

The CHFS shall make continuing diligent efforts after the hearing to locate and notify all persons who are not served.

CRITICAL

Bath County Protective Order hearings follow the stated schedule, subject to the fourteen-day rule, and all parties must receive notice as indicated on the Protective Order.

1. BATH COUNTY- Protective Order hearings shall take place every other Tuesday at 1:00p.m. and can at times be held each and every Tuesday depending on how hearing dates fall within the fourteen (14) day rule pursuant to the filing of the Protective Order. All parties shall receive notice of the Protective Order hearing as indicated on the Protective Order.

CRITICALCivil cases

An attorney seeking to withdraw must serve notice on the client and parties under the Rules of Civil Procedure.

If any attorney wishes to withdraw, notice must be served upon the client and parties pursuant to the Rules of Civil Procedure

CRITICALCivil cases

All relevant parties must receive notice of the proceedings and details about the reason for the motion.

All relevant parties shall receive notice of the proceedings as well as details concerning the reason for the Motion.

CRITICAL

Rowan County Protective Order hearings follow the stated schedule, subject to the fourteen-day rule, and all parties will receive notice as indicated on the Protective Order.

3. ROWAN COUNTY- Protective Order hearings shall take place every Monday at 1:00 p.m. in Rowan District Court and could be held on a different date depending on how the hearing dates fall within the fourteen (14) day rule pursuant to the filing of the Protective Order. All parties will receive notice of the Protective Order hearing as indicated on the Protective Order.

CRITICAL

Menifee County Protective Order hearings follow the stated schedule, subject to the fourteen-day rule, and all parties will receive notice as indicated on the Protective Order.

4. MENIFEE COUNTY- Protective Order hearings shall take place every Tuesday at 9:30 a.m. in Menifee District Court and could be held on a different date depending on how the hearing dates fall within the fourteen (14) day rule pursuant to the filing of the Protective Order. All parties will receive notice of the Protective Order hearing as indicated on the Protective Order.

CRITICAL

A Guardian ad Litem must notify the respondent of the appointment and proceeding, and in paternity cases must also inform the respondent of the right to genetic testing.

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

CRITICALCivil cases

If no CHFS social worker is involved, provide an ECO copy to the requester before they leave the clerk’s office and to CHFS; keep the original with the clerk’s office.

If an ECO is issued and a CHFS social worker is not involved in this process, a copy shall be provided to the person seeking the ECO prior to leaving the respective Circuit Court Clerk's Office, as well as to CHFS. The original ECO shall remain with the appropriate Circuit Court Clerk's Office.

CRITICAL

Applies to

Status quo order motion

The clerk must include a copy of the Status Quo Order motion for service with the Summons and Petition.

The clerk shall include a copy of the Motion for service with the Summons and Petition.

CRITICAL

All parties must receive notice of the Protective Order hearing as indicated on the Protective Order.

All parties shall receive notice of the Protective Order hearing as indicated on the Protective Order.

CRITICALCivil cases

Any dispositional report must be provided to the court and all attorneys of record at least three days before the disposition hearing.

any dispositional report shall be filed and provided to the court and all attorneys of record at least three (3) days prior to a disposition hearing, by completing form DNA-12.

CRITICAL

Montgomery County Protective Order hearings follow the stated schedule, subject to the fourteen-day rule, and all parties will receive notice as indicated on the Protective Order.

2. MONTGOMERY COUNTY- Protective Order hearings shall take place every Monday at 1:30 p.m. in Montgomery District Court and could be held on a different date depending on how the hearing dates fall within the fourteen (14) day rule pursuant to the filing of the Protective Order. All parties will receive notice of the Protective Order hearing as indicated on the Protective Order.

CRITICALCivil cases

When a case is transferred because of a pending dissolution or custody matter, the initiating court must reissue the summons if service has not been made, for no more than 14 days or as the court determines is necessary to protect the petitioner; thereafter the appropriate court reissues it as needed.

Consistent with FCRPP 12, when a case is transferred to another Circuit due to a pending dissolution or custody matter, an emergency protective order shall continue and the summons shall be reissued by the initiating Court, pursuant to KRS 403.740 (4), for a period to not exceed fourteen (14) days if service has not been made on the adverse party by the date of transfer, or as the Court determines is necessary for the protection of the petitioner. Thereafter, the reissuance of the summons shall occur as needed by the District Court if it has not been assigned to the Circuit Court or by the Circuit Court if the transfer has already occurred.

CRITICAL

Applies to

Motion

A copy of every motion must be served on the appropriate Circuit Judge at the judge’s office, and that service must be shown in the certificate of service.

A copy of all motions shall be served upon the appropriate Circuit Judge at his/her office and such service shall also appear in the certificate of service.

CRITICAL

Applies to

Status quo order motion

The respondent must provide the petitioner notice of the motion without clerk assistance.

However, the respondent must provide notice of the motion upon the petitioner without the assistance of the clerk.

WARNINGCivil cases

All parties are to receive notice of the Bath County domestic violence hearing as indicated on the Emergency Protective Order.

All parties will receive notice of the domestic violence hearing as indicated on the Emergency Protective Order.

WARNING

All parties will receive notice of the Protective Order hearing as indicated on the Protective Order.

All parties will receive notice of the Protective Order hearing as indicated on the Protective Order.

WARNINGCivil cases

All parties are to receive notice of the Menifee County domestic violence hearing as indicated on the Emergency Protective Order.

All parties will receive notice of domestic violence hearing as indicated on the Emergency Protective Order.

WARNINGCivil cases

The judge may allow a temporary removal or adjudicatory hearing to proceed without service on the non-custodial parent if the record establishes CHFS made diligent efforts to serve all other parties.

The Judge may permit a temporary removal hearing or the adjudicatory hearing to go forward when the non-custodial parent has not been served in accordance with FCRPP 18(1) if it is established on the record that CHFS has made diligent efforts to serve all other parties.