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

CRITICAL

A copy of the Order must be served on any appointed counsel immediately after the appointment.

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

CRITICAL

Unless the parties agree or good cause is shown, required information for a motion to modify child support must be exchanged at least ten days before the hearing for the motion to be heard.

Any motion to modify child support shall comply with FCRPP 9, and except by agreement or for good cause shown, shall not be heard by the Court unless all required information has been exchanged by counsel or parties ten (10) days prior to the hearing.

CRITICAL

Deadline

2 business days

Applies to

Dispositional report

Counsel must receive the dispositional report at least two business days before the disposition hearing.

At least two (2) business days prior to the disposition hearing, counsel shall receive a dispositional report to assist in final disposition.

CRITICAL

Applies to

Preliminary verified disclosure statement

Each party must serve the preliminary disclosure statement within 45 days after service of the petition, unless good cause is shown or the parties proceed by agreed order.

A. Each party, except for good cause shown or by agreed order, shall serve upon the other a Preliminary Verify Disclosure Statement AOC-238 and provide signed releases upon request for relevant information. The exchange of these disclosures shall occur within forty-five (45) days of service of the petition on the Respondent.

CRITICAL

A parent or custodian intending to move with the children must give the other parent or custodian written notice at least 60 days before the move, but a domestic violence petitioner’s residential address need not be included if an order exists.

Pursuant to FCRPP 7(2), if other parent or custodian intends to move with the children from his or her present residence, he or she shall give written notice to the other parent or custodian at least 60 days prior to such move. Residential addresses of domestic violence petitioners shall not be required in the notice if there is an existing domestic violence order.

CRITICAL

Applies to

Notice of deposition

Due notice must be given of the deposition’s time and place and the witnesses to be deposed, unless the parties agree on those matters.

A. Due notice shall be given of the time and place of the taking of the depositions and of the witnesses to be taken unless said matters are agreed upon by the parties, as in other cases.

CRITICALCriminal cases

The Court may void participation in pretrial diversion after a hearing with 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 pretrial diversion upon a showing of failure to comply with the conditions of diversion or a failure to make satisfactory progress .

CRITICAL

Applies to

Annual permanency review report

Reports for annual permanency reviews must be delivered to counsel, pro se litigants, and the Guardian ad Litem seven days before the hearing.

Annual permanency reviews shall be held pursuant to KRS 610.125 and all reports shall be delivered to counsel, pro se litigants, and the Guardian ad Litem seven (7) days in advance of hearing dates.

CRITICAL

Applies to

Notice and motion

E. At the time notice of the motion is served on the adverse party, a copy of the notice and motion shall also be furnished to the Judge of the Court at her address of 1131 Main Street, Suite 3, Jackson, KY 41339 or via electronic mail at lisawhisman@kycourts.net (if counsel feels motion will be contested), and proof of service on the Judge should be listed on the Certificate of Service. Failure to furnish such a copy shall be cause for the Court to delay hearing of said motion until the next motion day, if the Court so desires.

E. At the time notice of the motion is served on the adverse party, a copy of the notice and motion shall also be furnished to the Judge of the Court at her address of 1131 Main Street, Suite 3, Jackson, KY 41339 or via electronic mail at lisawhisman@kycourts.net (if counsel feels motion will be contested), and proof of service on the Judge should be listed on the Certificate of Service. Failure to furnish such a copy shall be cause for the Court to delay hearing of said motion until the next motion day, if the Court so desires.

CRITICALCriminal cases

If both agreements are rejected, the Court must notify the parties and advise the defendant of the two plea options and their consequences.

If the plea agreement AND the diversion agreement are rejected, the Court shall notify the parties and advise the defendant he/she has the option of withdrawing the plea and proceeding to trial, OR maintaining the plea with the knowledge the Court will not order diversion but instead will impose a sentence within the penalty range permitted by law.

CRITICAL

Applies to

Case progress report

When ordered, case progress reports must be delivered to each party in cases involving a child committed to the Cabinet.

The case progress reports required by KRS 620.240 shall be prepared, filed and delivered to each party in every case in which a child is committed to the Cabinet for Health and Family Services as ordered by the Court.

CRITICAL

Counsel must provide notice of the hearing date to all necessary parties.

Within the time period required by statute, counsel for the Petitioner with notice to all necessary parties, shall obtain a final hearing date directly from the Court and tender an Notice in conformity with the given date to be noticed to all necessary parties.

CRITICAL

Applies to

Witness list and exhibit list

Unless the Court orders otherwise or good cause is shown, each party must submit a tendered witness list and exhibit list to all other parties seven days before trial.

Unless otherwise ordered by the Court or except for good cause shown, the parties shall: A. Seven days prior to trial, each party shall submit a tendered Witness List and Exhibit List to all other parties.

CRITICAL

A show-cause order cannot be heard unless an officer authorized to serve a summons has served it on the person named in the order.

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.

CRITICAL

Applies to

Final verified disclosure statement

Before a contested final hearing, the Final Verified Disclosure Statement AOC-239 must be served on the other party.

Prior to a contested final hearing a Final Verified Disclosure Statement AOC- 239 shall be filed in the record and served upon the other party.

CRITICAL

The petitioner must serve the Order on the parents and GAL with the Petition and Summons.

shall serve a copy of the Order upon the parents and GAL with the Petition and Summons.

CRITICAL

The Circuit Clerk must mail or deliver copies of all Orders to the persons on the Distribution list and certify each mailing or delivery by marking the list and initialing and dating it.

The Circuit Clerk shall distribute copies of all Orders by mail or delivery to the persons listed under DISTRIBUTION, shall certify mailing or delivery by making a check mark by the person listed, and shall initial and date the same at the bottom of the Distribution list.

CRITICAL

The CDW must certify a copy to the listed recipients, and the certification requirement applies to orders entered in status proceedings.

and the CDW shall certify a copy to the County Attorney, Division of Youth Services (DYS), Department of Juvenile Justice (DJJ), and the Court/School Liaison. This certification shall apply to any orders entered by the Court in the status proceedings.

CRITICAL

Copies of motions must be served on all parties by mail, hand delivery, or electronic transmission under CR 5.02, unless an exception applies.

Unless a motion may be heard ex parte or a rule allows otherwise all motions to be heard shall be noticed for hearing, e-filed with the Clerk unless not required by law, and copies served by mail, hand delivery, or electronic transmission pursuant to CR 5.02 on all parties.

CRITICAL

Unless the parties agree or good cause is shown, required information for a motion to modify maintenance must be exchanged at least ten days before the hearing for the motion to be heard.

Any motion to modify maintenance shall comply with FCRPP 5, and except by agreement or for good cause shown, shall not be heard by the Court unless all required information has been exchanged by counsel or parties ten (10) days prior to the hearing.

CRITICAL

A copy of the Disposition Report must be given to counsel, pro se litigants, and the Guardian ad Litem seven days before the disposition hearing or review.

The Disposition Report pursuant to FCRPP 26 shall be filed in the record and a copy given to the counsel, pro se litigants, and Guardian ad Litem seven (7) days prior to the disposition hearing or review.

CRITICAL

If the defaulting party has appeared, the default-judgment motion must be docketed and written notice must be served on the party or representative at least seven days before the noticed docket.

If a party in default has appeared in the action, the motion shall appear on a docket and the party in default, or if the party is appearing by representative, the party's representative, shall be served with written notice of the motion at least seven (7) days prior to the noticed docket.

WARNINGCriminal cases

After a hearing and notice to the Commonwealth and defendant, the Court may void diversion participation upon the specified showing, using AOC Form 346 for the order.

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 . AOC Form 346, styled Order Voiding Pretrial Diversion of a Class D Felony shall be used for this purpose.

WARNING

The Judge may allow the specified hearings to proceed without service on the non-custodial parent if the petitioner’s diligent service efforts are established on the record and that parent is not the named perpetrator.

The Judge may permit the Temporary Removal Hearing, the Adjudication Hearing and the Disposition 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 petitioner has made diligent efforts to serve all other parties, including initiating contact with the Child Support Division of the County Attorney's Office in an attempt to locate any absent Parent, and that parent is not the named perpetrator of the alleged neglect or abuse.

INFO

Current financial documentation need not be exchanged for post-decree motions to enforce maintenance or child-support orders.

The exchange of current financial documentation shall not be required for post decree motions to enforce maintenance or child support orders.