Warren Circuit Court Service and Proof of Service Rules

CRITICAL

Applies to

Preliminary verified disclosure statement

Preliminary Verified Disclosure Statements must be exchanged within forty-five days of filing the petition.

Pursuant to FCRPP 2(3) and subject to WFCR 703C.(2)(b), AOC-238, Preliminary Verified Disclosure Statements, shall be exchanged within forty-five (45) days of filing the petition, and objections thereto shall be exchanged twenty (20) days thereafter.

CRITICAL

Service

Personal service

If an EPO or TIPO and/or summons is issued, law enforcement must make every reasonable effort to immediately complete personal service on the Respondent.

If the emergency protective order (EPO) and/or the summons or temporary interpersonal protective order (TIPO) and/or summons are issued, the law enforcement officer/agency shall make every reasonable effort to immediately perfect personal service upon the Respondent.

CRITICAL

The order and movant's affidavit are served upon the adverse party before the order takes effect under the stated schedule.

The order shall provide that the order becomes effective seven (7) days following service of the order and movant's affidavit upon the adverse party unless the adverse party, within the seven (7) day period, files a motion for a hearing before the court.

CRITICAL

Applies to

Status quo order

Service

Personal service to opposing party

If a Status Quo Order is entered, the movant must personally serve it on the opposing party.

If a "Status Quo Order" is entered the movant shall be responsible for personal service upon the opposing party.

CRITICAL

The Respondent must not be notified by telephone before the actual EPO or TIPO is served.

Telephone notification shall not be given to the Respondent prior to the service of the actual EPO or TIPO.

CRITICAL

The Respondent must not be notified by telephone before the actual EPO or TIPO is served.

Telephone notification shall not be given to the Respondent prior to the service of the actual EPO or TIPO.

CRITICAL

Service

Personal service

If an EPO or TIPO and/or summons is issued, law enforcement must make every reasonable effort to immediately serve the Respondent personally.

If the emergency protective order (EPO) and/or the summons or temporary interpersonal protective order (TIPO) and/or summons are issued, the law enforcement officer/agency shall make every reasonable effort to immediately perfect personal service upon the Respondent.

CRITICAL

Notice of a motion requesting an order for confidential video records must be given to all parties, including any child’s Guardian ad Litem.

with notice to all parties, including the child's Guardian ad Litem, if any,

CRITICAL

Serve the respondent with a copy that has the specified portion blacked out, together with the summons.

Respondent (copy with blacked-out portion served with summons)

CRITICAL

Motions must be served in conformance with CR 5.02 on opposing counsel or an unrepresented party entitled to notice, and may not be served through the clerk’s office mail slots.

Each motion shall be served on opposing counsel, or party not represented by counsel and entitled to notice, in conformance with CR 5 .02 . Service may not be accomplished by using the clerk's office mail slots .

CRITICAL

Applies to

Military income documentation

A party with military income must provide the opposing party documentation of total pay and each allowance at least seven days before any hearing.

Any party who has income from any branch of the military shall provide to the opposing party documentation verifying his/her total pay, with each allowance specifically set forth, at least seven (7) days prior to any hearing.

CRITICAL

Applies to

Petition motion

The form identifies the copy recipients and specifies that the respondent is served with a copy having a blacked-out portion along with the summons.

Copies to: Court File Respondent (copy with blacked-out portion served with summons) Court Clerk in County of Petitioner's usual residence, if different Law enforcement agency/dispatch responsible for LINK entry Petitioner Local Department of Community Based Services, CHFS Law enforcement agency(ies) designated for service

CRITICAL

Applies to

Order

Service

Mail

The Clerk’s Office must mail copies of all orders to counsel of record or unrepresented parties and to the mediator.

Copies of all orders shall be mailed by the Clerk's Office to the attorneys of record or parties, if unrepresented, and to the mediator.

CRITICAL

If the respondent has been served, the emergency protective order must be reissued and served with a summons stating the new hearing date.

If the respondent has been served, the emergency protective order shall be reissued at that time and served with a summons containing the new hearing date.

CRITICAL

Such releases shall contain a provision directing that any information or documents provided in writing to the requesting counsel or pro se party shall simultaneously be transmitted to the other counsel or pro se party at the requesting party's expense.

Such releases shall contain a provision directing that any information or documents provided in writing to the requesting counsel or pro se party shall simultaneously be transmitted to the other counsel or pro se party at the requesting party's expense.

CRITICAL

Subject to FCRPP 9, at any hearing involving child support, each party’s counsel must exchange relevant and necessary information and documentation about the listed financial and child-related expenses without formal request and as soon as practical.

Subject to FCRPP 9, at any hearing at which child support is at issue, counsel for each party, shall, without formal request and as soon as practical, exchange all relevant and necessary information and documentation pertaining to his/her client's income, any health insurance expenses covering only the children, any maintenance payments, any prior born child support payments, and any work-related child care expenses.

CRITICAL

Applies to

Rule of contempt

The contempt order form directs service on the petitioner or respondent by the Warren County Sheriff.

SERVE BY: Warren County Sheriff Petitioner/Respondent Address of Petitioner/Respondent

CRITICAL

Applies to

Uniform child support order

Service

Mail

For any child support order or modification, the moving party must mail the appropriate AOC Form-152 Uniform Child Support Order.

It shall be the responsibility of the moving party to draft, file and mail the appropriate Uniform Child Support Order form propounded by the AOC Form-152 for any child support order or modification.

CRITICAL

All parties must receive notice and an opportunity to object before subpoenas and release orders for psychiatric or other privileged records are issued.

Subpoenas and accompanying orders for release of psychiatric and other privileged records shall only be issued by the Family Court upon motion by the requesting party with notice to all parties and an opportunity for objection.

CRITICAL

Before the Court may void a person’s participation in pretrial diversion, it must hold a hearing with notice to the Commonwealth and the defendant.

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

CRITICAL

An EPO/TIPO not served within six months of issuance is rescinded without prejudice.

- The EPO/TIPO was not served within six (6) months from the date of its issuance and, in accordance with KRS 403.735 or KRS 456.050 is hereby RESCINDED without prejudice.

CRITICAL

Applies to

Statement of death

Counsel representing a deceased party must serve the statement of death on all parties pursuant to the Kentucky Rules of Civil Procedure.

If a party dies during the pendency of an action, counsel representing the decedent shall notify all parties of the death by service of a statement of the fact of the death to be filed of record and served pursuant to the Kentucky Rules of Civil Procedure .

CRITICAL

Applies to

Motion and notice

The party filing a motion is responsible for serving the motion and notice on the opposing party under CR 7.02 and 11.

The party filing said motion shall be responsible for service of said motion and notice on the opposing party pursuant to CR 7.02 and 11.

CRITICAL

Applies to

Order

Service

Personal service

The Sheriff's office must personally deliver the Order to the Petitioner/Respondent and return proof of service to the Court.

The Warren County Sheriff's office shall cause a copy of this Order to be served upon the Petitioner/Respondent by personally delivering same to him/her and shall make due return the Court evidencing such service.

CRITICAL

A party mediating without retained counsel must notify that counsel before the mediation sessions.

while also providing notice to said counsel prior to the mediation sessions.

CRITICAL

Applies to

Exhibit

An exhibit referred to in a filed paper must be filed and served on the opposing party if it is not already part of the record.

If any exhibit not already of record is referred to in a pleading, motion, or other papers filed with the court, it shall be filed and served upon the opposing party.

CRITICAL

After the hearing, the petitioner must continue diligently trying to locate and notify everyone who was not served.

The Petitioner shall make continuing diligent efforts after the hearing to locate and notify all persons who were not served.

CRITICAL

A party with military income must provide the opposing party documentation of total pay, itemizing each allowance, at least seven days before any hearing.

Any party who has income from any branch of the military shall provide documentation verifying their total pay, with each allowance specifically set forth, to the opposing party at least seven (7) days prior to any hearing.

CRITICAL

When setting a CR 78(2) motion for hearing, the opposing party must provide proper notice to the movant and all counsel of record or any unrepresented party.

Should the party opposing the motion under rule CR 78(2) wish to have a hearing on the motion, the party opposing the motion must so state in a written response, and proceed to set the motion for a hearing, provided proper notice is afforded to the movant and all counsel of record (or party if not represented by counsel) .

CRITICAL

Deadline

10 business days

All parties must sign and return releases within ten business days after the other party submits them.

Pursuant to FCRPP 2(4) and these rules, all parties shall sign and return all releases for relevant information and documents prepared and submitted by the other party within ten (10) business days.

CRITICAL

A contempt order must be served on the person named in it by an officer authorized to serve a summons before it may be heard.

No order shall come on for hearing unless it has been served on the person named in the order by an officer authorized to serve a summons.

WARNING

The moving party may withdraw a motion after giving proper notice to the opposing party.

The moving party may withdraw its motion with proper notice to the opposing party.

WARNING

The judge may allow a temporary removal or adjudicatory hearing to proceed without service on one parent if the record establishes that the petitioner diligently tried to serve the other parties in time for them to prepare and participate, including by contacting the County Attorney's Child Support Division to locate an absent parent.

The Judge may permit the temporary removal hearing or the adjudicatory hearing to go forward when one parent has not been served if it is established on the record that the Petitioner has made diligent efforts to serve all other parties in time to permit them to prepare for and participate in the hearing, including initiating contact with the Child Support Division of the County Attorney's Office in an attempt to locate any absent parent.

WARNING

Applies to

Court documents or reports

Parties may electronically transmit documents or reports to the Cabinet and attorneys who agreed to electronic receipt, and the deputy clerk must document each transmission with the specific email address.

To facilitate more efficient processing, the parties may electronically transmit court documents or reports relating to actions from the Dependency, Neglect and Abuse docket and the Status docket, to the Cabinet for Health and Family Services, and to attorneys who have agreed to electronic receipt of such Court documents and reports, on an as needed basis, to facilitate more efficient processing. Such transmission shall be documented by the deputy clerk including the specific e-mail address.

INFO

Service

Email to opposing party

Cabinet reports may be served on counsel of record by email if accompanied by proper certification; the text provides an example certification.

Cabinet for Health and Family Services' Reports may be served upon counsel of record by e-mail with proper certification such as: "This report was sent by facsimile or e-mail to _____, attorney for _____, at _____ on _____, with the signature of the Cabinet for Health and Family Services casework."