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

CRITICAL

The clerk must notify the listed persons and entities of the temporary removal hearing.

The clerk shall provide notification of the temporary removal hearing to the parents or other person exercising custodial control or supervision, county attorney, CHFS, any guardian ad litem, and any counsel of record.

CRITICAL

Applies to

Motion

Motions in circuit actions must be served with notice on the other parties or counsel at least seven calendar days before the county's scheduled Motion Hour, unless good cause is shown.

A. All motions in circuit actions are to be heard on a scheduled Motion Hour for each county and shall be "served" with Notice to the Other Parties and or Counsel seven (7) days prior to each county's scheduled Motion Hour, except for good cause shown.

CRITICAL

In actions involving a judicial sale, all owners and taxing authorities with a claim or interest in the property must be parties and served with process.

All owners (including owners and taxing authorities of unpaid delinquent taxes and unpaid taxes) who have a claim or interest in the property shall be made parties to the action and duly served with process.

CRITICAL

Counsel must serve motions for judgment on a defendant's cross-claims at least seven days before the noticed date for the Judgment and Order of Sale motion.

All motions for Judgment on any Defendant's cross-claims must be filed and served by counsel not less than seven (7) days prior to the date noticed for the Judgment and Order of Sale motion.

CRITICAL

Service

Electronic service to opposing party

Requests to docket a case and notices of motions must be electronically served on opposing counsel and filed at least seven days before the Motion Docket, unless the Court directs otherwise.

Unless otherwise directed by the Court, all requests to docket a case and notice of all motions must be electronically served upon opposing counsel and filed at least 7 days prior to the Motion Docket.

CRITICAL

After the hearing, the petitioner must continue legal efforts to locate and notify unserved persons; those persons retain their available legal defenses.

The Petitioner shall make continuing legal efforts after the hearing to locate and notify all persons who were not served, and any unserved parties shall retain any legal defenses available.

CRITICAL

The motion must provide notice to all necessary parties.

After the statutory time periods have been met, counsel for the petitioner(s), shall a file a motion, with notice to all necessary parties, on the Court's regular DNA docket.

CRITICAL

A copy of an approved petition must be distributed to the County Attorney's Office, and the original must be filed with the Family Court Clerk's Office.

A copy shall be distributed to the County Attorney's Office and the original shall be filed with the 12"h Judicial Family Court Clerk's Offices.

CRITICAL

A party filing exceptions to the Report of Sale must serve them on all parties entitled to notice and on the Master Commissioner.

Any party taking exception to the Report of Sale shall, within ten (10) days from filing of Report of Sale, file in Court and serve a copy of his exceptions on all parties entitled to notice, and on the Master Commissioner.

CRITICAL

Unless the parties agree, the Commonwealth must receive appropriate notice of a motion to change bond conditions.

Unless the parties are in agreement, motions to change the conditions of bond shall be made in writing with appropriate notice to the Commonwealth.

CRITICAL

The Master Commissioner must serve a copy of the sale report on each party entitled to notice.

(f) No later than three business days after the date of sale, the Master Commissioner shall file in Court his report of the sale and serve a copy on each party entitled to notice.

CRITICAL

Proposed Orders of Distribution must be served on non-defaulting parties and the Master Commissioner at least ten days before Motion Hour.

All proposed Orders of Distribution" shall be set for motion hour, served upon non-defaulting parties and the Master Commissioner with notice at least 10 days prior to Motion Hour.

CRITICAL

When the required affidavit is provided to the Court, it must also be served on the Commissioner's Office.

(e) A party taking credit against its judgment pursuant to 8.4(d), may elect to pay the delinquent taxes directly to any tax authorities and tax lien holders. If such election is made under this provision, the party shall provide an affidavit to the Court with service upon the Commissioner's Office, listing all delinquent taxing authorities and lien holders; amount owing; tax year; and that all delinquent taxing authorities and tax lien holders have been paid and attach proof of the delinquent tax payoff.

CRITICAL

Applies to

Order setting pretrial date

A copy of the order setting the pretrial date must be served on appointed counsel immediately after appointment.

A copy of the Order shall be served upon any appointed counsel immediately following appointment.

CRITICAL

Except as provided for Judicial Sales, the listed motions must be served at least ten days before the Motion Docket hearing.

Except as set forth in these Rules for Judicial Sales, all Motions for Summary Judgment, for Judgment on the Pleadings, to Dismiss, to Strike, and under CR 12.02 shall be noticed, served, and filed at least ten (10) days prior to the date to be heard on Motion Docket with a memorandum of authority.

CRITICAL

Deadline

1 business days

The clerk must mail or provide a copy of the petition to the listed recipients no later than the business day after filing.

When a petition is filed, a copy shall be mailed or provided by the clerk to the parents or other person exercising custodial control or supervision, CHFS, the County Attorney, any guardian ad litem, and any counsel of record, no later than the business day following the filing of the petition.

CRITICAL

Each party must exchange the listed pretrial information at least 14 days before trial.

2. At least fourteen (14) days in advance of the trial date, each party shall file and exchange the following information: a. A pretrial memorandum on the form supplied by the Court outlining all issues in dispute to be tried; b. A list of all witnesses that may be called to testify; and c. A list of all exhibits that may be introduced.

CRITICAL

A person requesting the judicial order must give notice to all parties, including any child’s Guardian ad Litem.

An individual requesting a judicial order must file a written motion, with notice to all parties, including the child's Guardian ad Litem, if any, and set forth the purpose for the request.

CRITICAL

Applies to

Order setting pretrial date

Upon filing, the Petitioner must serve the order setting the pretrial date on the parents and GAL with the Petition and Summons.

Immediately upon filing, the Petitioner shall obtain a pretrial date directly from the Court and shall serve a copy of the Order setting the pretrial date upon the parents and GAL with the Petition and Summons.

CRITICAL

Applies to

Motion to withdraw

A copy of a motion to withdraw must be served upon the client.

with copy of said motion served upon the client

WARNING

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

The Judge may permit the Temporary Removal Hearing or the adjudicatory hearing to go forward when the non-custodial parent has not been served in accordance with FCRPP 17 if it is established on the record that the Petitioner has made diligent efforts to serve all other parties.