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

Civil cases

Applies to

Motion

A motion for post-judgment relief must be served on both the opposing party and any attorney of record.

Motions for post-judgment relief shall be served on the opposing party as well as any attorney of record.

Applies to

Sale confirmation motions and reports

Subsequent motions and sale-confirmation reports, including objections, must be served on a nonparty 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.

If service has not been made by the date of transfer, the initiating court must reissue the summons for up to fourteen days or as long as the court determines necessary for the petitioner's protection; further reissuance occurs as needed in the transfer court.

an emergency protective order shall continue and the summons shall be reissued by the initiating court, pursuant to KRS 403.740(4), for a period not to exceed fourteen (14) days if service has not been made on the adverse party by the date of transfer, or as the court determines is necessary for the protection of the Petitioner. Thereafter, reissuance of the summons shall occur as needed in the court of transfer.

Civil cases

Deadline

3 business days

A motion must be served at least three business days before the hearing, unless the court waives the deadline for good cause or in the interest of justice.

Service of the motion shall occur at least three (3) business days prior to the hearing date. These time limits may be waived by the court on a showing of good cause or in the interest of justice.

Applies to

Motion

Motions concerning a matter referred to the Master Commissioner must be served on the Master Commissioner as if the Master Commissioner were 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

Civil cases

Photocopies of motions and/or notices shall be mailed, hand-delivered, faxed, or delivered in a manner otherwise approved by the Courts, to opposing parties or counsel on the same date the motion or

Photocopies of motions and/or notices shall be mailed, hand-delivered, faxed, or delivered in a manner otherwise approved by the Courts, to opposing parties or counsel on the same date the motion or

Service of written motions and notice must comply with Kentucky Rules of Civil Procedure 5 and 6.05 and applicable Kentucky statutes.

Service of written motions and notice thereof shall comply with the Kentucky Rules of Procedure and Kentucky Revised Statutes, specifically CR 5 and CR 6.05.

Motions seeking an order of reference must be served on the Master Commissioner pursuant to CR 5.02 at the applicable address listed in the rule.

All motions seeking an order of reference to the Master Commissioner shall be served on the Master Commissioner pursuant to CR 5.02 as follows: Stephen M. Arnett Union Co. Master Commissioner Brandi Rogers Joel C. Rich 109 S. Morgan Street Crittenden Co. Master Commissioner Webster Co. Master Commissioner P.O. Box 419 P.O. Box 361 P.O. Box 248 Morganfield, KY 42437 200 S. Main Street Marion, KY 42064 1358 U.S. Hwy. 41A South Dixon, KY 42409

Civil cases

Applies to

Notice of attorney request to withdraw

All parties must be served with notice of an attorney’s request to withdraw.

All parties shall be served with the notice of an attorney's request to withdraw.

Criminal cases

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

After a hearing, with notice to the Commonwealth and to the defendant, the Court may void a person's participation in the pretrial diversion program upon a showing of failure to comply with the conditions of diversion or failure to make satisfactory progress .

Applies to

Motion

The movant is responsible for re-noticing motions that are passed for noncompliance.

Movant will be responsible for re-noticing said motions.

Civil cases

Any response must be served at least two days before the hearing, unless the court waives the deadline for good cause or in the interest of justice.

Responses, if any, shall be filed and served at least two (2) days prior to the hearing date. These time limits may be waived by the court on a showing of good cause or in the interest of justice.

Civil cases

A judge may proceed with either specified hearing despite lack of service on a non-custodial parent if diligent service efforts are established on the record, and the petitioner must continue efforts to locate and notify unserved persons afterward.

Effect of Service on Only One Parent/Person Exercising Custodial Control. The Judge may permit the Temporary Removal Hearing or the Adjudication Hearing to go forward when the non-custodial parent has not been served in accordance with FCRPP 18(1) if it is established on the record that the Petitioner has made diligent efforts to serve all parties including initiating contact with the Child Support Division of the County Attorney's Office in an attempt to locate any absent parent. The Petitioner shall make continuing diligent efforts after the hearing to locate and notify all persons who were not served.

Applies to

Motion to withdraw as counsel

Such leave can only be obtained by a motion served on the client and other parties and properly noticed for hearing.

Such leave can only be obtained by a motion served on the client and other parties and properly noticed for hearing.