Shelby Circuit Court Service and Proof of Service Rules

CRITICAL

A copy of the order confirming the sale must be served on the purchaser.

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

CRITICAL

Orders of dismissal or submission, and opinions and orders affirming or reversing the District Court, must be served on all parties or their attorneys and the trial Court Judge.

F. All orders of dismissal, submission and opinions and orders affirming or reversing the District Court will be served upon all parties or their attorneys and the trial Court Judge.

CRITICAL

Applies to

Motion

The listed motions must be served on the opposing party or attorney at least 24 days before motion hour.

Motions to dismiss, motions for summary judgment, motions to strike, and motions under CR 12.02 shall be filed and served upon opposing party and/or attorney(s) at least 24 days prior to motion hour

CRITICAL

Applies to

Counsel substitution or withdrawal motion

A motion seeking leave for substitution or withdrawal must be noticed to all parties.

Substitution of counsel or withdrawal of counsel from any proceeding may be by: 1) an Agreed Order which names the "new" counsel and is signed by all parties; or, 2) leave of Court upon proper motion with notice to all parties.

CRITICAL

When the party in default has appeared, that party or the party's representative must be served written notice of the motion at least three days before the hearing.

the party in default, or if the party is appearing by representative, the party's representative, shall be served with written notice of the motion at least three (3) days prior to the hearing thereon.

CRITICAL

An arraignment may not be scheduled unless a summons or warrant has been properly served before the arraignment.

E. There will be no arraignment scheduled on the Court's calendar without proper service of a summons or warrant prior to the arraignment.

CRITICAL

Deadline

72 hours

Applies to

Motion

For Motion Hour matters other than the stated exceptions and ex parte matters, the motion and hearing notice must be served on opposing parties by hand delivery or facsimile and received by opposing counsel at least 72 hours before the noticed motion hour.

All motions to be argued at Motion Hour and notice of the hearing, other than those set forth in (ii) and (ili) below or those that may be heard ex parte, shall be filed with the Clerk, and served by hand delivery or facsimile on opposing parties. Motions to be heard must be received by opposing counsel 72 hours prior to the noticed motion hour.

CRITICAL

Applies to

Motion

Motions must be served on the Master Commissioner when applicable.

Motions shall be served on the Master Commissioner where applicable

WARNING

When the party in default has failed to appear, notice of the default-judgment motion need not be given to that party.

no notice thereof need be given the party against whom judgment by default is sought.

WARNING

The Court may void participation in diversion after a hearing and notice to the Commonwealth and defendant upon a showing of noncompliance or unsatisfactory progress.

A.) After a hearing, with notice to the Commonwealth and 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 failure to make satisfactory progress.

INFO

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

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