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

CRITICAL

A motion seeking leave for substitution or withdrawal of counsel must provide notice 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

Before the Court may void participation in diversion for noncompliance or unsatisfactory progress, a hearing must occur and notice must be given to the Commonwealth and the defendant.

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.

CRITICAL

These specified motions must be served on the opposing party and/or attorneys 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

After setting the hearing's time and place, the Commissioner must give written notice to the parties.

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

CRITICAL

Applies to

Arraignment

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

Applies to

Order of confirmation

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

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

CRITICAL

Motions must be served on the Master Commissioner when applicable.

Motions shall be served on the Master Commissioner where applicable

CRITICAL

Service

Court service

Counsel preparing an order or judgment must give the Clerk enough properly addressed, stamped envelopes to complete any service required by CR 77.04, but counsel may waive service of the order or judgment and notice of entry.

Counsel preparing the order or judgment SHALL ALSO DELIVER TO THE CLERK A SUFFICIENT NUMBER OF PROPERLY ADDRESSED, STAMPED ENVELOPES to permit the Clerk to complete service thereof when required by CR 77.04. Counsel may waive service of any order or judgment and notice of entry.

CRITICAL

Deadline

72 hours

Covered motions and hearing notices must be served on opposing parties by hand delivery or facsimile, and received by opposing counsel at least 72 hours before 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

Orders of dismissal and 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.

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

If the defaulting party has appeared, the motion must be on the motion docket and written notice must be served on the party or its representative at least three days before the hearing.

If the party in default has appeared in the action, the motion shall appear on the motion docket and 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.

WARNING

If the defaulting party has not appeared, notice of the default-judgment motion need not be given to that party.

If the party in default has failed to appear in the action, the motion need not appear on the motion docket and no notice thereof need be given the party against whom judgment by default is sought.