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

CRITICAL

Service

Mail to opposing party

If a motion is served by mail, it must be served on opposing counsel or an unrepresented party at least five days before the Rule Day for which it is initially set.

Each motion shall be served on opposing counsel or a party, if not represented by counsel, at least five (5) days preceding the Rule Day for which the motion is initially set if service is by mail .

CRITICAL

The attorney filing a Notice of Appeal, Designation of Record, or Order to Proceed in forma paauperis must send a copy to the Court Reporter or Circuit Clerk.

A copy of any Notice of Appeal, Designation of Record or Order to Proceed in forma paauperis shall be sent to the Court Reporter or Circuit Clerk by the attorney filing same .

CRITICAL

Applies to

Hearing notice

The notice served on opposing parties must state the hearing’s time, date, and place.

The time, date, and place of the hearing shall be included in the notice served upon the opposing parties .

CRITICAL

A responsive motion must be served on opposing counsel or an unrepresented party at least five days before the original motion's Rule Day when service is effected under CR 5.02.

Each responsive motion shall be served on opposing counsel or a party, if not represented by counsel, at least five (5) days preceding the Rule Day for which the original motion is initially set if service is effected pursuant to CR 5 .02 .

CRITICAL

A motion served by delivery pursuant to CR 5.02 must be served five days before the Rule Day for which it is initially set.

Service shall be effected five (5) days preceding the Rule Day for which the motion is initially set if service is effected by delivery pursuant to CR 5 .02 .

CRITICAL

When service is effected under CR 5.02, responsive motions must be served on opposing counsel or an unrepresented party at least five days before the Rule Day for which the original motion is set.

Each responsive motion shall be served on opposing counsel or a party, if not represented by counsel, at least five (5) days preceding the Rule Day for which the original motion is initially set if service is effected pursuant to CR 5 .02 .

CRITICAL

Applies to

Motion

An attorney setting a motion must send a copy of the motion to the Circuit Judge.

The attorney shall also send a copy of the motion to the Circuit Judge .

CRITICAL

Applies to

Hearing notice

The hearing notice must be served upon the opposing parties.

The time, date, and place of the hearing shall be included in the notice served upon the opposing parties.

WARNING

Time for serving motions and responsive motions must be computed under CR 6.01.

(4) Computation of Time for Filing and Service - Time for filing and service of motions and responsive motions shall be computed in accordance with CR 6 .01 .

INFO

Subpoena service by law office personnel or a party is considered a cost when assessing costs to the extent the sheriff would be compensated for similar service.

To the extent that the sheriff would be compensated for similar service, service of subpoena by law office personnel or a party will be considered as costs when assessing costs.

INFO

Subpoena service by law-office personnel or a party may be considered a cost when similar sheriff service would be compensated.

To the extent that the sheriff would be compensated for similar service, service of subpoena by law office personnel or a party will be considered as costs when assessing costs .