 |
|
|
|
|
|
|
|
KENTUCKY
RULES OF CIVIL PROCEDURE CR 5.01 SERVICE; WHEN REQUIRED Every order required by its terms to be served, every pleading subsequent to the original complaint unless the court otherwise orders because of numerous defendants, every paper relating to discovery required to be served upon a party unless the court otherwise orders, every written motion other than one which may be heard ex parte, and every written notice, appearance, demand, offer of judgment, designation of record on appeal, and similar papers shall be served upon each party except those in default for failure to appear. Parties so in default shall be given notice of pleadings asserting new or additional claims for relief against them by summons or warning order issued thereon as provided in Rule 4. [Amended eff. 10-1-71; prior amendment eff. 4-1-63; adopted eff. 7-1-53] CR 5.02 SERVICE; HOW MADE Whenever under these rules service is required or permitted to be made upon a party represented by an attorney, which shall not include a warning order attorney, the service shall be made upon the attorney unless service upon the party himself is ordered by the court. Service upon the attorney or upon a party shall be made by delivering a copy to him or by mailing it to him at his last known address or, if no address is known, by leaving it with the clerk of the court. Delivery of a copy within this rule means handing it to the attorney or to the party; or leaving it at his office with the person in charge thereof; or, if there is no one in charge, leaving it in a conspicuous place therein; or, if the office is closed or the person to be served has no office, leaving it at his dwelling house or usual place of abode with some person of suitable age and discretion then residing therein. Service by mail is complete upon mailing. [Adopted eff. 7-1-53] CR 5.03 SERVICE; PROOF OF Whenever any pleading or other paper is served under Rules 5.01 and 5.02, proof of the time and manner of such service shall be filed before action is to be taken thereon by the court or the parties. Proof may be by certificate of a member of the bar of the court or by affidavit of the person who served the papers, or by any other proof satisfactory to the court. Such certificate or affidavit shall identify by name the persons so served. [Amended eff. 7-1-79; adopted eff. 7-1-53] CR 5.04 SERVICE; NUMEROUS DEFENDANTS If the defendants are numerous, the court upon motion or of its initiative, may order that service of the pleadings of the defendants and replies thereto need not be made as between the defendants and that any cross-claim, counterclaim, or matter constituting an avoidance or affirmative defense contained therein shall be deemed to be denied or avoided by all other parties and that the filing of any such pleading with the court and service thereof upon the plaintiff constitutes due notice of it to the parties. A copy of every such order shall be served upon the parties in such manner and form as the court directs. [Adopted eff. 7-1-53] CR 5.05 FILING (1) All papers after the complaint required to be served upon a party shall be filed with the court either before service or within a reasonable time thereafter. (2) The filing of pleadings and other papers with the court as required by these rules shall be made by filing them with the clerk of the court, except that the judge may permit the papers to be filed with him, in which event he shall note thereon the filing date and forthwith transmit them to the office of the clerk. (3) The clerk shall endorse upon every pleading and other paper filed with him in an action the date of its filing. Such endorsement shall constitute the filing of the pleading or other paper and no order of court shall be required. (4) If accompanied by a motion for leave to proceed in forma pauperis and a supporting affidavit, and made in good faith, any matter to be filed under these rules, including appeals, shall be considered filed on the date it is tendered. If the motion to proceed in forma pauperis is overruled, the moving party shall then have ten days to pay any required fees or costs or to appeal the decision. If the moving party fails to pay the required fees or costs, or to seek review, the matter shall be treated as though not timely filed. The time for certifying the record on appeal under CR 73.08 shall run from the date the motion to proceed in forma pauperis is granted. [Amended by Order 88-4, eff. 7-14-88; prior amendment eff. 1-1-86; adopted eff. 7-1-53] CR 5.06 FILING--DISCOVERY MATERIAL (1) Except as provided in paragraphs (2) and (3) of this rule, the following documents shall not be filed with the Court unless the Court orders otherwise: (a) Interrogatories propounded under Rule 33, (b) Requests for Production or Inspection made under Rule 34, (c) Requests for Admission under Rule 36, and (d) Subpoenas issued pursuant to Rule 45. The party responsible for service of the document shall retain the original and become the custodian. The custodian shall provide access to all parties of record during the pendency of the action. Subpoenas shall be returned to the party requesting issuance. (2) If a document not filed pursuant to Rule 5.06(1) is to be used at trial or is necessary to a pre-trial motion, the portion of the document to be used shall be filed with the Clerk of the Court at the outset of the trial or at the filing of the motion insofar as its use can be reasonably anticipated. (3) When a document not filed pursuant to Rule 5.06(1) is needed for appeal purposes, post-trial motions, or any other purpose, the court before which the case is pending shall, upon motion of any party, order the necessary document be filed with the Clerk and it shall become part of the record. The parties may, at any time by stipulation, file documents not filed pursuant to Rule 5.06(1). [Amended by Order 91-2, eff. 11-15-91; prior amendment eff. 8-28-89; adopted eff. 1-1-85]
|
|
|
|
Disclaimer We are not attempting to practice law, give advice or represent ourselves as anything more than a resource portal with many unique features. Our design is copyrighted. We have no claim of any affiliation with any linked website nor any liability for anything they may say or do. We, and our contributing authors, offer no warranties of any type, to anyone, about anything express or implied. What you see is what you get, we cannot afford to be your insurer and most assuredly are not your lawyer and do not render you any legal advice whatsoever. No attorney client relationship is established by this site, and there is absolutely no confidentiality of any information or communication herein. No emails received will be responded to pertaining to legal questions or advice. By going further into this site, you accept this complete waiver of all warranties and acknowledge reading our Legal Disclaimer.
© 2001-2004 LouisvilleLaw,
LouisvilleLaw.com
& Kentucky Law Net, LLC
To Suggest a Link or Report broken Links, please contact our Webmaster |
|
|
|
 INDEX |
|
 Next |
|
 Previous |
|
|
