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

If the Court issues a warrant instead of a summons, it must immediately be forwarded to the county sheriff and to any law enforcement agency or officer requesting it from the Circuit Clerk.

Once an indictment has been returned and processed by the Court, that defendant becomes under the jurisdiction of the Circuit Court and if the Court issues a warrant rather than its usual summons, the warrant shall immediately be forwarded to the sheriff of the county and to any other law enforcement agencies or officers who request same from the Circuit Clerk.

Applies to

Motion

The movant is responsible for re-noticing motions that are passed to the next regular motion day.

Movant will be responsible for re-noticing said motions.

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.

Applies to

Written motion

A written motion requesting an order for a confidential video must be noticed to all parties, including the child's Guardian Ad Litem, if any.

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.

Subsequent motions and sale-confirmation reports must be served on a nonparty purchaser in accordance with 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.

Applies to

Summons

If service has not been made by the date of transfer, the initiating court reissues the summons for up to 14 days or as the court determines necessary for the Petitioner's protection; further reissuance occurs as needed in the receiving 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.

Deadline

3 business days

Motions must be served at least three business days before the hearing, subject to waiver by the court for good cause or in the interest of justice.

A. Except for good cause shown, as permitted by FCRPP or Statute, or waiver of notice requirements, all motions shall be filed at least seven (7) days prior to the scheduled hearing date. Any motion filed less than seven (7) days in advance may be denied as procedurally deficient or continued to a date more than seven days after the filing of the motion. Responses, if any, shall be filed and served at least two (2) days prior to the hearing date. 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

Post judgment motion

Post-judgment relief motions 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.

Photocopies of motions and notices must be delivered to opposing parties or counsel by an authorized method; the excerpt ends before completing the stated same-date requirement.

B. Each motion and notice shall contain a certificate of service setting forth the party or attorney to whom the photocopy was delivered, the method(s) of delivery, and the date that the photocopy was delivered or transmitted. 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

A judge may allow a Temporary Removal or Adjudication Hearing to proceed without service on the non-custodial parent if the petitioner establishes diligent service efforts on the record; the petitioner must continue efforts after the hearing to locate and notify unserved persons.

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

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.

Motions seeking an order of reference must be served on the Master Commissioner pursuant to CR 5.02.

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

Applies to

Written motion

Service of written motions and their notices must comply with Kentucky Rules CR 5 and CR 6.05.

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.