Scott Circuit Court Service and Proof of Service Rules

CRITICAL

The listed papers must be served on each party except a party in default for failure to appear, subject to a contrary court order.

D. Pursuant to CR 5.01, " court otherwise orders because of numerous defendants, every paper relating to discovery ...every pleading subsequent to the original complaint unless the required to be served upon a party unless the court otherwise orders, every written motion other than one which may be heard ex parte, and every written notice, appearance, demand, offer of judgment, designation of record on appeal, and similar papers shall be served upon each party except those in default for failure to appear."

CRITICAL

Notice of a protection order may be given to the respondent by personal service or oral presentation by a peace officer or the Court, and the order becomes effective and binding at that time.

E. Pursuant to KRS 403.735(6) the respondent may be given notice of the existence and terms of the order of protection issued under the provisions of KRS 403.715 to KRS 403.785 by personal service or oral presentation of a peace officer or the Court and the terms of the order of protection shall become effective and binding on the respondent at that time.

CRITICAL

Service

Electronic service

Required service may be made by fax or email if the attorney or party has consented in writing.

2. Pursuant to CR 5.02 when service is required it may be accomplished by sending it by electronic means (fax or email) if the attorney or a party consents in writing.

CRITICAL

Applies to

Objections

Objections must be exchanged 20 days after the disclosure statement is exchanged and may not be filed unless the Court orders otherwise.

objections thereto shall be exchanged twenty (20) days thereafter and shall not be filed in the record unless ordered by the Court.

CRITICAL

Applies to

Preliminary verified disclosure statement

If a maintenance or child-support Pendente Lite motion is filed before the FCRPP 2(3) exchange deadlines expire, the parties must exchange Preliminary Verified Disclosure Statements before the motion is called.

If a Pendente Lite motion relating to maintenance or child support is filed before the expiration of the timeframes set forth in FCRPP 2(3), the parties shall exchange Preliminary Verified Disclosure Statements before the call of the motion.

CRITICAL

CHFS must provide the foster parents’ address to the Circuit Clerk, who must send a court notice containing the required language.

The CHFS shall provide an address for the foster parents to the Circuit Clerk who shall send out a court notice with the qualifying language.

CRITICAL

After receiving a final-hearing date, the petitioner must serve notice on all necessary parties, including the GAL, at least 10 days before the hearing unless a stated answer, waiver, or failure-to-answer exception applies.

After the Court provides a final hearing date, the petitioner, pursuant to KRS 199.515, shall serve notice of the final hearing upon all necessary parties including the GAL at least 10 days in advance thereof, unless such parties have answered and agreed to the adoption or have failed to answer and the time for answering has expired or have waived, in writing, notice of the hearing.

CRITICAL

Service

Mail

A filing served by certified mail must include completed certified-mail cards and return receipts, and the return card must show the Circuit Clerk's address.

C. Any filing to be served by certified mail shall include the completed certified mail cards and return receipts. The return card shall reflect the Circuit Clerk's address.

CRITICALCriminal cases

The circuit court clerk must serve notice of the Notice of Termination on the parties, their attorneys, probation, and parole.

The Notice of Termination shall be filed in the official record by the circuit court clerk, who shall serve notice of the Notice of Termination on the parties, their attorneys, and probation and parole.

CRITICAL

Counsel preparing an order or judgment must provide the Clerk enough copies and addressed stamped envelopes for required service, unless the party waives service or opts for electronic service.

The counsel preparing the order or judgment shall also deliver to the Clerk enough copies, together with properly addressed stamped envelopes to permit the Clerk to complete service thereof when required by Civil Rule 77.04. Counsel may waive service of any order or judgment and notice of entry or may opt for electronic service. Envelopes and copies shall not be necessary for parties who have opted for electronic service.

CRITICAL

Applies to

Cabinet report

Cabinet reports must be served on the appropriate attorney by the attorney’s listed email or fax method at least three days before the motion docket.

All Cabinet reports shall be served upon the appropriate attorney by this method at least 3 days prior to the motion docket.

CRITICAL

Written motions other than ex parte motions, along with their hearing notices, must be served at least one week before the hearing unless another period is set by rule, statute, or court order.

Written motions other than those that may be heard ex parte, and notice of hearing thereof, shall be served at least one (1) week before the time specified for the hearing unless a different period is fixed by the Civil Rules, any applicable statute, or by Court order.

CRITICAL

When an Emergency Custody Order is entered, the specified notices, forms, petition, order, and financial and counsel documents must be served on the listed parents or custodians for whom an address is provided.

Pursuant to FCRPP 18(2), if an ECO is entered, the Circuit Clerk shall attach to the Form AOC-DNA-2.2 Notice of Emergency Removal; and a Form AOC-DNA-11, summons for the temporary removal hearing a copy of the petition; a copy of the ECO; a Financial Statement, Affidavit of Indigence, Request for Counsel and Order. Each shall be served upon the parents or other person exercising custodial control or supervision for whom an address is provided.

CRITICAL

All motions set on the DNA docket must be noticed to the child’s foster parents, including specified pre-adoptive parents and relatives providing care.

Pursuant to 42 U.S.C. 675(5), 45 CFR § 1356.21(o), and KRS 610.125(5), all motions set on the DNA docket shall be noticed to the foster parents of the child, including any pre- adoptive parents or relatives providing care for the child.

CRITICAL

Except motions to amend, alter, vacate or otherwise modify the final decree or other final orders which shall be served on the last attorney of record if not formally withdrawn by order of the Court, all post-judgment motions or filings shall be served upon the party. Service upon the attorney will not be sufficient notice, unless the attorney has filed a notice of appearance subsequent to the final decree

Except motions to amend, alter, vacate or otherwise modify the final decree or other final orders which shall be served on the last attorney of record if not formally withdrawn by order of the Court, all post-judgment motions or filings shall be served upon the party. Service upon the attorney will not be sufficient notice, unless the attorney has filed a notice of appearance subsequent to the final decree

CRITICAL

Unless a rule or statute provides otherwise, motions must be served on opposing parties or their attorney no later than close of business 10 days before the scheduled motion date.

Unless otherwise allowed by rule or statute, all motions to be set on a docket must be filed with the Circuit Clerk and served on the opposing parties or attorney, if represented, date. All responses must be filed with the Circuit Clerk and served on the opposing and clocked no later than close of business 10 days in advance of the scheduled motion parties or attorney, if represented, and clocked no later than close of business 3 days in advance of the scheduled motion date.

CRITICAL

Deadline

3 business days

Applies to

Court ordered report

The Court, the juvenile, and counsel must receive court-ordered reports and accompanying documents at least three business days before a proceeding or hearing; the agency must provide copies by email or facsimile when it has a correct address and, if it serves the report electronically, provide a paper copy to the court file and counsel by the time the matter is called on the docket.

At least three (3) business days prior to any proceeding or hearing, the Court, the juvenile and counsel shall receive any court ordered reports and accompanying documents. The agency assigned to prepare the report shall provide a copy of the report to the Court and agency has served the report by electronic means, the agency shall provide a paper copy counsel via email or facsimile if a correct address has been provided to the agency. If the to the court file and counsel no later than the time the matter is called on the docket.

CRITICAL

Motions in limine and witness and exhibit lists must be exchanged by the date of the final pretrial conference.

All motions in limine, witness and exhibit lists shall be exchanged on or before the date of the final pretrial conference.

CRITICAL

Applies to

Docketed motion

Docketed motions must be properly noticed and filed with the Circuit Clerk, and copies must be served on all parties or their attorneys of record, including intervenors or their attorneys.

F. All docketed motions shall be properly noticed and filed with the Circuit Clerk and copies served on all parties or their attorneys of record, including intervening parties or their attorney.

CRITICAL

Applies to

Preliminary verified disclosure statement

The parties must complete and exchange Form AOC-238 within 45 days after the petition is filed.

Pursuant to FCRPP 2(3), Form AOC-238 Preliminary Verified Disclosure Statement shall be completed and exchanged between the parties within forty-five (45) days of filing of the petition

CRITICAL

All post-judgment filings shall be properly served upon all parties and attorneys of record at the time of judgment unless the attorney of record has withdrawn by proper motion and order of the Court.

All post-judgment filings shall be properly served upon all parties and attorneys of record at the time of judgment unless the attorney of record has withdrawn by proper motion and order of the Court.

CRITICAL

Parents or custodians named in Juvenile Division actions must be served as required by CR 5.02 or the applicable statute or rule.

4. Service by electronic means of reports required to be filed in actions in the Juvenile Divisions of the Family Court shall be the preferred method of service due to the volume of such reports. Upon appointment, initial appearance or as soon as practicable, all attorneys shall provide and maintain in the court file a correct electronic mail address or facsimile number. Parents or custodians named in such actions shall be served as required by CR 5.02 or applicable statute or rule.

CRITICAL

Service

Mail

2. Pursuant to CR 5.02 when service is required it may be accomplished by sending it by electronic means (fax or email) if the attorney or a party consents in writing. The attorney or a party consents to accept electronic service by filing and serving a notice electronic notification address at which the attorney or party agrees to accept service. that the attorney or party accepts electronic service. The notice must include the transmission is not effective if the serving party learns that it did not reach the person Service is complete upon mailing or electronic transmission, but electronic to be served.

2. Pursuant to CR 5.02 when service is required it may be accomplished by sending it by electronic means (fax or email) if the attorney or a party consents in writing. The attorney or a party consents to accept electronic service by filing and serving a notice electronic notification address at which the attorney or party agrees to accept service. that the attorney or party accepts electronic service. The notice must include the transmission is not effective if the serving party learns that it did not reach the person Service is complete upon mailing or electronic transmission, but electronic to be served.

CRITICAL

The petitioner must give the Circuit Clerk the correct addresses needed to serve all proper parties under the civil rules.

It is the responsibility of the petitioner to provide to the Circuit Clerk the correct addresses necessary to serve all proper parties as required by the civil rules.

CRITICAL

Applies to

Order confirmation

A copy of the confirmation order must be served on the purchaser of the real property.

A copy of the order of confirmation shall be served upon the purchaser of the real property.

CRITICAL

For a denied Emergency Custody Order petition, the Clerk must send the specified summons and documents to listed parents or custodians with an address provided.

The matter shall be set for hearing on the next DNA motion docket and the Circuit Clerk shall send a summons and a copy of the Petition and a Form AOC-DNA-11, Financial Statement, Affidavit of Indigence, Request for Counsel and Order to all persons listed in the petition as the parents or other person exercising custodial control or supervision for whom an address is provided.

CRITICAL

Parents or custodians named in the actions must be served as required by CR 5.02 or the applicable statute or rule.

Parents or custodians named in such actions shall be served as required by CR 5.02 or applicable statute or rule.

CRITICAL

After the hearing, the petitioner must continue diligent efforts to locate parties and provide updated addresses so the Circuit Clerk can send required summonses and forms to unserved parties.

The petitioner shall make continuing diligent efforts after the hearing to locate and provide updated addresses to the Circuit Clerk who shall send the required summons and forms to parties who were not served.

CRITICALCriminal cases

The circuit clerk must serve the notice of termination on the parties, their attorneys, probation, and parole.

The Order of Termination and Affidavit of Violations shall be filed in the official record by the circuit clerk, who shall serve the notice of termination on the parties, their attorneys, and probation and parole.

CRITICAL

Applies to

Preliminary verified disclosure statement and objections

The parties must exchange Form AOC-238 within 45 days after the petition is filed and exchange objections 20 days later; objections must not be filed unless the Court orders it.

Pursuant to FCRPP 2(3), a Preliminary Verified Disclosure Statement, Form AOC-238, shall be exchanged between the parties within 45 days of filing of the petition, and objections thereto shall be exchanged 20 days thereafter and shall not be filed in the court record unless ordered by the Court.

CRITICAL

All discovery intended for use at trial must be provided by the date of the final pretrial conference.

All discovery to be used at the trial of the matter shall be provided on or before the date of the final pretrial conference.

CRITICAL

Applies to

Court notice

When the Court places the matter on the docket, the Cabinet for Health and Family Services must give the Circuit Clerk the parents' or custodians' address, and the Clerk must send a court notice with the required qualifying language.

Where the matter is placed on the docket by the Court, the Cabinet for Health and Family Services shall provide an address for said parents/custodians to the Circuit Clerk who shall cause a court notice with the qualifying language to be sent out.

CRITICAL

The electronic-service notice must be served on all parties.

3. An attorney or party who will accept service via fax or email pursuant to CR 5.02 shall file such notice as a separate pleading and serve upon all parties.

CRITICAL

Applies to

Motion notice

All docketed motions must be noticed to any foster parents and any pre-adoptive parent or relative providing care for the child.

J. Pursuant to 42 U.S.C. 675(5) and 45 CFR § 1356.21(o), all motions set on the court docket shall be noticed to the foster parents, if any, of the child and any pre-adoptive parent or relative providing care for the child.

CRITICAL

Applies to

Protection from domestic violence summons

If the respondent remains unserved, service attempts must continue as provided by statute.

In cases where the respondent is unserved, attempts to serve shall continue as provided in statute

CRITICAL

The Commonwealth must provide all available discovery, including exculpatory discovery, at least one week before mediation.

The Commonwealth shall provide any available discovery not yet provided, to include any exculpatory discovery, at least one (1) week prior to the date of the mediation.

WARNING

Applies to

Pleading exhibit

If a pleading exhibit is not filed and served when service is required, the opposing party need not file a responsive pleading until the exhibit is filed and a copy is provided to the party or counsel.

If any exhibit or copy thereof, referred to in a pleading as part thereof, is not filed and served upon the opposing party, and if service is required of the pleadings, the opposing party shall not be required to file a responsive pleading until the exhibit has been filed, and a copy provided to the opposing party or counsel for the opposing party.

WARNING

The Court may allow a Temporary Removal Hearing to proceed without service if the record establishes timely diligent efforts to serve all parties.

The Court may permit the Temporary Removal Hearing to go forward when the parent or person exercising custodial control has not been served if it is established on the record that the petitioner has made diligent efforts to serve all parties in time to permit them to prepare for and participate in the hearing.

WARNING

When a private citizen obtains an Emergency Custody Order, the Circuit Clerk must fax a copy to the local CHFS office.

If a private citizen obtains an ECO, the Circuit Clerk shall fax a copy to the Cabinet for Health and Family Services' (hereinafter CHFS) local office.

WARNING

The Circuit Clerk must notify CHFS, the County Attorney, and attorneys of record of the temporary removal hearing's date and time.

The Circuit Clerk shall also notify the CHFS, the County Attorney and any attorneys of record of the time and date for the temporary removal hearing.

WARNING

After a hearing is requested or required, the Master Commissioner sets its time and place and gives the parties written notice.

When a hearing has been requested or is required, it shall be the responsibility of the attorney requesting the hearing to notify the Master Commissioner’s office of the request, after which the Master Commissioner shall fix a time and place for the hearing and give written notice thereof to the parties.

INFO

Applies to

Juvenile division reports

Service

Electronic service

Electronic service is the preferred method for reports required to be filed in Family Court Juvenile Division actions.

4. Service by electronic means of reports required to be filed in actions in the Juvenile Divisions of the Family Court shall be the preferred method of service due to the volume of such reports.