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

CRITICAL

Applies to

Post judgment motion

Post-judgment motions, including in family cases, must be served on the opposing party in addition to any other required service.

Motions for post-judgment relief, including family cases, shall be served upon the opposing party, in addition to any other required service.

CRITICAL

Applies to

Motion to submit

In a default case, a copy of the Motion to Submit must be served on the Respondent at the Respondent’s last known address.

M. Default cases where the Respondent has been properly served but failed to appear, pursuant to FRCPP 3(2) and: (a) no answer or pleading has been received by the moving party or counsel; (b) the Respondent was personally served more than twenty days before this Motion to Submit or, if served through a warning order attorney, the warning order attorney has filed his report and more than fifty days have elapsed since the appointment of the warning order attorney; (c) a copy of this Motion to Submit has been served on the Respondent at his/her last known address and the Respondent is not on active military duty.

CRITICAL

Applies to

Summons

When a related dissolution or custody matter is pending in another district, the initiating court must reissue the summons for up to fourteen days if service has not been made by transfer, or for a period the court deems necessary to protect the petitioner; the transfer court reissues it as needed thereafter.

If it is discovered there is a pending dissolution or custody matter in another district, an emergency protective order shall continue and the summons shall be reissued by the initiatin.g court, pursuant to KRS 403.740(4), for a period not to exceed fourteen days if service has not been made on the adverse party by the date of transfer, or as the court determines it necessary for the protection of the petitioner. Thereafter, reissuance of the summons shall occur as needed in the court of transfer.

CRITICAL

Applies to

Continuance motion

A written motion for continuance must be served on opposing counsel.

An attorney who will be unable to be present at the time set for a motion shall immediately contact the moving attorney and attempt to establish a mutually agreeable date and time for the hearing of the motion. Should this prove unsuccessful, an attorney or self-represented party desiring the continuance shall immediately file a motion for a continuance in writing, stating the reasons for the continuance, and shall serve a copy upon the opposing counsel.

CRITICAL

Applies to

Motion

Each motion must be served on opposing counsel and any unrepresented party entitled to notice, using the methods specified in CR 5.02, including CR 5.02(2) for e-filing.

Each motion shall be served on opposing counsel and party not represented by counsel and entitled to notice. “Service” shall be by the methods defined in CR 5.02. In the event of e- filing, counsel shall comply with the methods defined in CR 5.02(2).

CRITICAL

Applies to

Motion to withdraw

A motion to withdraw as attorney must be served on the client in addition to any other required service.

A motion to withdraw as attorney shall be served on the client, in addition to any other required service.

CRITICAL

Discovery material must be filed and/or served in compliance with CR 5.06.

(c) Discovery material will be filed and/or served in compliance with CR 5.06.

CRITICALCriminal cases

Applies to

Pre trial diversion application

Every pre-trial diversion application must be served upon the Commonwealth Attorney.

Every application for pre-trial diversion shall notice the application for hearing with service upon the Commonwealth Attorney

CRITICAL

Service

Court service

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

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

CRITICAL

All motions concerning a matter referred to the Master Commissioner must be served on the Master Commissioner as though the Commissioner had appeared as a party.

All motions concerning any matter referred to the Master Commissioner shall be served on the Master Commissioner as if he/she were a party who had appeared in the action.

CRITICAL

Applies to

Response

Responses must be properly served on opposing counsel or an unrepresented party entitled to notice.

The response to any motion shall be in similar form and shall be filed with the Clerk at least two (2) days prior to the scheduled hearing date and properly served upon opposing counsel, or party not represented by counsel and entitled to notice.

CRITICAL

A contempt rule may not be heard until at least seven days after it is issued and served, must be served under CR 5.02, and must be served on both counsel and the party if the opposing party remains represented, unless otherwise ordered.

The rule shall not come on for a hearing sooner than seven (7) days from the date the rule is issued and served, unless otherwise ordered; no rule shall come on for a hearing at all unless it has been served on the person alleged to be in contempt, in the manner provided for service of pleadings and other documents under CR 5.02, unless otherwise ordered. Where the opposing party is still represented by counsel, service will be made on counsel and on the party.

CRITICAL

A Respondent who files a motion for a Status Quo Order must give notice of the motion to the Petitioner without the clerk's assistance.

However, the Respondent must provide notice of the motion upon the Petitioner without assistance of the clerk.

CRITICAL

If a nonparty purchases the property, subsequent motions and reports about confirming the sale, including objections to the Commissioner's Report, must be served on the purchaser under CR 5.02.

When property is purchased by a person not a party to the action, all subsequent motions and reports concerning confirmation of the sale (including any objections to the Commissioners Report) shall be served on the purchaser in accordance with CR 5.02.

CRITICAL

Service

Mail

The form's certificate of service states that a true copy was served by prepaid regular mail to the listed recipient.

CERTIFICATE OF SERVICE: I certify that a true copy of the foregoing has been served by regular mail, postage prepaid, to the following: Name______________________ Address________________________________ City/State/Zip___________________________

WARNING

When propounding discovery requests, the requesting party will attempt to furnish the responding party with an electronic copy to facilitate answers.

(a) In propounding discovery requests, the requesting party will attempt to furnish the responding party with an electronic copy to facilitate answers without substantial retyping by any responding party to comply with LR 205(3)(b) below.

WARNING

As an alternative contempt procedure, a simple motion may be used with notice to opposing counsel and the opposing party for a specified day.

An alternate method on a contempt motion would be by simple motion and notice to opposing counsel and opposing party noticed for a day certain.