Jefferson County Superior Court Service and Proof of Service Rules

CRITICAL

Applies to

Special award

A special award for expenses must be filed with the Clerk of the Superior Court with proof of service on each party.

The arbitrator shall make a special award for such expenses and shall file such award with the Clerk of the Superior Court, with proof of service on each party.

CRITICAL

Deadline

2 court days

Motions, orders, and notes for motion docket for an expedited hearing must be served on all parties by noon two court days before the desired hearing date.

Such motions, orders, and notes for motion docket shall be filed and served on all parties not later than 12:00pm two(2) court days prior to the desired date on which the expedited hearing is requesting to be set.

CRITICAL

Applies to

Order amending civil case schedule

The court must promptly provide the filed amended case schedule to the parties.

If an Order Setting Case Schedule is modified, the court shall prepare and file the Order Amending Civil Case Schedule which shall be promptly provided to the parties.

CRITICAL

A party presenting a judgment on the arbitration award must give notice to all parties.

Twenty days after the award has been filed with the clerk, if no party has sought a trial de novo under MAR 7.1, any party on notice to all parties may present to the Court ex parte a judgment on the arbitration award for entry as final judgment in this case.

CRITICAL

Applies to

Motion for early trial

A party seeking an early trial date may serve a motion with supporting documents and note it for hearing.

Any party who believes the case warrants priority may request an early trial date by serving a motion, together with supporting documents, and note it for hearing before the court.

CRITICAL

Applies to

Arbitration award

The original arbitration award must be filed with the clerk together with proof of service on the parties.

ORIGINAL TO BE FILED WITH THE SUPERIOR COURT CLERK TOGETHER WITH PROOF OF SERVICE ON THE PARTIES.

CRITICAL

Counsel must serve opposing counsel with trial briefs or memoranda of authorities, and proposed jury instructions in jury trials, seven days before trial.

Seven days prior to trial, counsel must file with the court and serve copies on opposing counsel, any trial briefs or memorandum of authorities, and in the event of a jury trial, a copy of the proposed jury instructions.

CRITICAL

Applies to

Note for trial setting

If no contact has been made with other counsel or a party, they must be served with the trial-setting notice in time to allow a response within 10 days.

No contact has been made with other counsel/party, but all have been served with a copy of this notice in time to allow a response within 10 days.

CRITICAL

Deadline

3 business days

If final documents are delivered in person or by email, delivery must occur within three business days of entry.

If made in person or via email, delivery of these conformed final documents shall be made within three business days of entry.

CRITICAL

Applies to

Counter notice or written objection

A counter notice or written objection to setting must be served at least three days before the trial-setting date.

Any party not in agreement with the information or estimates given in Note for Trial Setting shall file and serve at least (3) days prior to the trial setting date a counter notice or written objection to setting.

CRITICAL

Applies to

Settlement conference materials

Each party must submit the settlement conference materials to the other party and the court.

No later than noon the day prior to a settlement conference that has been scheduled pursuant to section (a)(4), each party shall have submitted to the other party and the Court a completed settlement conference memorandum and a completed “Domestic Relations Form” in the form of Attachment G.

CRITICAL

Juvenile court services must notify the legally responsible parent, guardian, or other person before the proceeding and provide the documents needed to prepare.

It shall be the duty of the juvenile court services to notify the parent or parents, guardian or other person legally obligated to support the juvenile of this rule prior to said proceeding and to provide all necessary documents in order for such person to adequately prepare for said proceeding.

CRITICAL

Parties remain responsible for timely supplementing discovery responses and complying with discovery before the deadlines set by this rule or other civil rules.

This rule does not modify a party's responsibility to timely supplement responses to discovery requests or otherwise to comply with discovery before the deadlines set by this rule or by other civil rules.

CRITICAL

Applies to

Financial discovery materials

Before the Status Conference, all parties must exchange the specified tax returns, income records, financial account statements, and a completed signed Financial Declaration.

All parties shall exchange the following information prior to their Status Conference: 1. Two years’ tax returns, including all attachments such as W-2s and/or 1099 forms; 2. Up to Six months’ pay stubs or evidence of income – from date of filing back to no earlier than January 1 of the current year, so long as prior year’s tax returns have been provided; 3. Monthly (or quarterly, if that is all that is available) statements from any and all financial accounts in which a party has an interest covering the last two years. 4. Completed and signed Financial Declaration.

CRITICAL

The clerk must forward the Notice of Loss Voting Rights to the county auditor’s office.

The clerk shall forward the notice to the county auditor’s office.

CRITICAL

A motion must be served at least seven days before argument, unless a court rule or statute requires a longer notice period.

Notwithstanding any provision of CR 6(d) to the contrary, a party filing any motion shall serve and file such motion no later than seven (7) days prior to the date noted for argument on the motion. Motions requiring a longer period of notice pursuant to court rule or statute shall be filed as required by the applicable court rule or statute.

CRITICAL

A copy of the bankruptcy notice or certificate must be served on all other parties and provided to the assigned judge, if any.

A copy shall be served on all other parties, and a copy provided to assigned judge, if any.

CRITICAL

The plaintiff must serve written notice of a qualifying settlement as well as file it.

After any settlement that fully resolves all claims against all parties, the plaintiff shall, within five court days or before the arbitration hearing, whichever is sooner, file and serve a written notice of settlement.

CRITICAL

Initial motions and supporting documents must be delivered to the opposing party or counsel by the specified pre-hearing deadline.

Initial motions and supporting documents shall be filed with the court and delivered to the opposing party or their counsel no later than 4:30 p.m. seven days before the hearing. (Example: For a Friday hearing, the documents must be delivered no later than the Friday before.)

CRITICAL

A duplicate copy of the arbitration note and statement must be delivered to the opposing party or parties.

The Note for Arbitration Setting & Initial Statement of Arbitrability shall be filed with the Clerk and a duplicate copy delivered to the opposing party or parties.

CRITICAL

Applies to

Domestic relations information form

Each party must serve the written Domestic Relations Information Form on the opposing party and the court.

By 4:30 p.m. on the day that is one week prior to the scheduled trial date in all final hearings, informal trials, or formal trials in domestic relations matters, each party shall file and serve on the opposing party and the court a written Domestic Relations Information Form.

CRITICAL

In civil case-schedule cases, parties must exchange trial witness lists, exhibit lists, and documentary exhibits, subject to stated exceptions, and make non-documentary exhibits available for inspection at least 14 days before trial; parties are encouraged to confirm they have complete document copies.

In cases governed by an Order Setting Civil Case Schedule pursuant to LCR 3, the parties shall exchange: (1) lists of the witnesses whom each party expects to call at trial; (2) lists of the exhibits that each party expects to offer at trial, except for exhibits to be used only for impeachment; and (3) copies of all documentary exhibits except for those items agreed to by counsel and self-represented parties, such as identical copies of items already produced to avoid unnecessary duplication. Counsel and self-represented parties are encouraged to ascertain that each has full and complete copies of any document to be presented at trial to avoid unnecessary duplication expenses. In addition, non- documentary exhibits shall be made available for inspection by all other parties no later than l4 days before trial.

CRITICAL

Deadline

2 court days

Opposition papers must be served on all parties by noon two court days before argument.

Any party opposing a motion or any part thereof shall file all original responsive documents and serve copies upon all parties not later than 12:00pm two (2) court days prior to the scheduled date for argument on the motion.

CRITICAL

Before a hearing on disposal of bulky or heavy physical evidence after final disposition, all parties of record must receive 30 days’ written notice.

After final disposition of a civil matter, the court, after hearing, may order the clerk to destroy or otherwise dispose of physical evidence, which cannot, because of bulk or weight, be retained in the case file, provided that all parties of record are given thirty days written notice of any such hearing.

CRITICAL

Applies to

Order setting civil case schedule

The court administrator must provide one copy of the case schedule to the plaintiff or petitioner and one to the defendant or respondent.

When a new civil, non-family case type not specifically identified in section (a) above is set for trial, the court administrator shall issue an Order Setting Civil Case Schedule and shall provide one copy to the plaintiff/petitioner and one copy to defendant/respondent.

CRITICAL

Deadline

3 court days

Hard copies sent by U.S. Mail, UPS, or another delivery agency must be transferred to that agency within three court days of entry.

If the hard copies of the documents are sent via U.S. Mail, UPS, or other delivery agency, then the documents shall be transferred to the delivering agency within three court days of entry.

CRITICAL

Deadline

2 court days

Responsive affidavits and materials must be delivered to the opposing party or counsel by noon two court days before the hearing.

Responsive affidavits and materials shall be filed with the court and delivered to the opposing party or their counsel no later than 12:00 p.m. (noon) two court days before the hearing.

CRITICAL

Applies to

Order setting civil case schedule

A party joining an additional party must serve that party with the current civil case schedule.

A party who joins an additional party in an action shall be responsible for serving the additional party with the current Order Setting Civil Case Schedule.

CRITICAL

Applies to

Proposed order

All proposed orders must be given to the other parties before the scheduled hearing.

All proposed orders shall also be given to the other parties prior to the scheduled hearing.

CRITICAL

Applies to

Response to note for trial setting

An attorney or party objecting to a trial setting or requested trial dates must serve and file a response to the Note for Trial Setting.

Any attorney or party who objects to a case being set for trial or excepting to the requested trial dates, shall do so by serving on opposing party(s) and filing with the court a response to note for trial setting.

CRITICAL

Proposed jury instructions must be served on all other parties at least seven days before trial.

Proposed jury instructions shall be delivered to the trial court, filed with the clerk and served on all other parties at least seven days prior to trial.

CRITICAL

Each party must serve the required written statement on the opposing party at least three days before a domestic-relations final hearing or trial.

In all final hearings or trials in domestic relations matters, each party shall provide to the judge and serve on the opposing party a written statement as to the issues in controversy at least three days prior to trial, which contains the following: (i) A brief factual summary; (ii) Issues in dispute, whether property, debts or custody; (iii) ) Case law, if it will be argued, supporting the party’s position; (iv) Proposed distribution of assets, debts, liabilities and proposed parenting plan and child support amount, if in dispute; Areas of agreement; (v) If seeking maintenance or child support, both parties shall complete a financial declaration; (vi) Domestic Relations Information (Appendix 4).

CRITICAL

A party disagreeing with the statement of arbitrability must serve its response.

Any party disagreeing with the statement of arbitrability shall serve and file a response on the form prescribed by the court (Exhibit B).

CRITICAL

Deadline

14 calendar days

Applies to

Jury demand

A jury demand must be served with the request for trial de novo by the appealing party, or within 14 calendar days after service of the request by a non-appealing party.

(e) Jury Demand. Any jury demand shall be served and filed by the appealing party along with the request for trial de novo, and by a non-appealing party within 14 calendar days after the request for trial de novo is served on that party. If no jury demand is timely filed, it is deemed waived.

CRITICAL

PLEASE PROVIDE A COPY OF THIS DOCUMENT TO THE OTHER PARTY AND SUBMIT THE ORIGINAL TO ROOM 210 OF THE JEFFERSON COUNTY SUPERIOR COURT BY NOON THE DAY PRIOR TO YOUR SETTLEMENT CONFERENCE.

PLEASE PROVIDE A COPY OF THIS DOCUMENT TO THE OTHER PARTY AND SUBMIT THE ORIGINAL TO ROOM 210 OF THE JEFFERSON COUNTY SUPERIOR COURT BY NOON THE DAY PRIOR TO YOUR SETTLEMENT CONFERENCE.

CRITICAL

Copies of proposed questionnaires must be served on opposing counsel at least three days before trial, unless counsel instead reviews the available questionnaires on the morning of trial.

Counsel must submit proposed questionnaires to the court, file with the clerk and serve copies on opposing counsel at least three days prior to trial or in the alternative review the available questionnaires on the morning of trial.

CRITICAL

Deadline

1 court days

Reply documents must be served on all parties by noon one court day before argument; no additional documents may be served afterward.

All reply documents to the response documents as provided for in (b) of this rule shall be filed and served on all parties no later than 12:00pm one (1) court day prior to the date set for argument on the motion. No additional documents shall be filed, served or considered by the court after that date and time.

CRITICAL

On the filing date, the moving party must serve or mail a copy of the reconsideration papers to opposing counsel.

on the date of filing serve or mail a copy thereof to opposing counsel

CRITICAL

Applies to

Note for trial setting

A party seeking trial of an issue of fact must serve the Note for Trial Setting on all other parties.

(a)Any party desiring to bring an issue of fact to trial shall file with the clerk, and serve upon all of the other parties, a Note for Trial Setting (Appendix 6), substantially in the form approved by the court.

CRITICAL

Service

Mail to agency

The deputy clerk must certify that the notice was mailed to the county auditor where the incapacitated person resides.

I hereby certify that I personally mailed the above notice to the Auditor of the county in which the incapacitated person resides on

CRITICAL

Applies to

Temporary order

The petitioner must serve the Temporary Order on the respondent and file a declaration of service; the order applies to the petitioner from filing and to the respondent from service.

The Petitioner is subject to this order from the time of filing the Petition. The Petitioner shall serve a copy of this order on the Respondent and shall file a declaration of service in the court file. The Respondent is subject to this order from the time the order is served.

CRITICAL

An appointed Guardian ad Litem or Court Visitor is entitled to notice of all proceedings, including trial.

1.12 Notice. If guardian ad litem/Court Visitor is appointed, the guardian ad litem/Court Visitor is entitled to notice of all proceedings, including trial.

CRITICAL

Applies to

Final divorce order and other final documents

After entry of the final documents in a default or agreed marriage dissolution, the presenting party must provide the other party or counsel a conformed copy of each final document.

After entry of the Final Divorce Order and other final documents in a Default Marriage Dissolution or Agreed Marriage Dissolution, the party presenting final documents to the court or counsel shall deliver to or mail or e-mail to the other party or to their counsel, a conformed copy of the Final Divorce Order and other final documents with the date of filing indicated on each copy delivered or mailed.

CRITICAL

Applies to

Response to statement of arbitrability

The response to a statement of arbitrability is directed to the clerk and all other lawyers listed on the second page.

TO THE CLERK OF THE COURT AND TO ALL OTHER LAWYERS: (Per List on Second Page)

CRITICAL

Applies to

Draft orders

Draft temporary and final orders following a court ruling must be delivered to the opposing party by noon five days before the presentation hearing.

Draft temporary and final orders following a Court ruling shall be delivered to the Court and to the opposing party no later than noon five days prior to the scheduled hearing on presentation.

CRITICAL

The party noting a case for trial must provide notice to any appointed guardian ad litem.

The party noting the case for trial will provide notice to any guardian ad litem appointed in the case.

CRITICAL

Applies to

Motion for revision

When filing a motion for revision, the moving party must serve the opposing party and file proof of service at the same time.

Upon filing a motion for revision, the moving party must serve the opposing party or parties with the motion and file proof of service at the same time the motion for revision is filed.

CRITICAL

Applies to

Proposed parenting plan

If not already provided, each parent must provide the other parent a Proposed Parenting Plan at least 60 days before trial.

At least sixty (60) days prior to trial, each parent shall provide the other parent with a Proposed Parenting Plan, if they have not already done so.

CRITICAL

Applies to

Order

The Petitioner must serve the Respondent with a copy of the order.

The Petitioner shall serve a copy of this on the Respondent and file a declaration of service in the court file.

CRITICAL

Deadline

1 business days

Reply affidavits and materials must be delivered to the opposing party or counsel by 4:30 p.m. one business day before the hearing.

Reply affidavits and materials shall be filed with the court and delivered to the opposing party or their counsel no later than 4:30 p.m. one business day before the hearing.