The Bench & Bar magazine is published to provide members of the KBA with information that will increase their knowledge of the law, improve the practice of law, and assist in improving the quality of legal services for the citizenry.
Issue link: https://kentuckybenchandbar.epubxp.com/i/213936
SUPREME COURT OF KENTUCKY RULES Supreme Court of Kentucky IN RE: ORDER AMENDING RULES OF CIVIL PROCEDURE (CR) RULES OF THE SUPREME COURT (SCR) 2013-12 _____________________________________________________ The following rules' amendments shall become effective January 1, 2014. A. AMENDMENTS TO THE RULES OF CIVIL PROCEDURE (CR) I. CR 4.01(1)(b) and (c) Summons; issuance; by whom served Subsection (b) and new subsection (c) of section (1) of CR 4.01 shall read: (1)(b) Cause the summons and complaint (or other initiating document), with necessary copies, to be transferred for service to any person authorized, other than by paragraph (a) of this Rule, to deliver them, who shall serve the summons and accompanying documents, and his or her return endorsed thereon shall be proof of the time and manner of service; or (c) At the request of the initiating party, return the summons and complaint (or other initiating document), with necessary copies, to that party for service. II. (1) 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 is ordered by the court. Except as provided in paragraph (2) of this rule, service upon the attorney or upon a party shall be made by delivering a copy to the attorney or party or by mailing it to the attorney or party at the last known address of such person; or, if no address is known, by leaving it with the clerk of the court. Service is complete upon mailing unless the serving party learns or has reason to know that it did not reach the person to be served. Delivery of a copy within this rule means handing it to the attorney or to a party; or leaving it at the office of the attorney or party 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. (2) An attorney or party may elect to effectuate and receive service via electronic means to and from all other attorneys or parties in the action by filing a notice of such election with the clerk and serving a copy of such election by personal delivery or by mail as provided for in paragraph (1) of this rule, except that such notice may be sent electronically to any other party or attorney who has already filed and served a notice of election of electronic service hereunder. The notice must include the electronic notification address at which the attorney or party agrees to accept service. Methods of electronic service that may be elected B&B; • 11.13 CR 6.05 Additional time after service by mail CR 6.05 shall read: Whenever a party has the right or is required to do some act or take some proceedings within a prescribed period after the service of a notice or other paper upon him and the notice or paper is served upon him by mail or electronic service, 3 days shall be added to the prescribed period. This provision shall not apply to the service of summons by mail under Rule 4.01(1)(a). CR 5.02(1) and (2) Service; how made Sections (1) and (2) of CR 5.02 shall read: 42 III. under this rule include electronic mail or telecopy (facsimile). Documents sent through electronic mail shall be sent as an attachment in PDF or similar format unless otherwise agreed by the parties. Once an attorney or party files a notice of election of electronic service and serves the notice on all other attorneys or parties in the case, all other attorneys or parties shall promptly provide the requesting party or attorney with an electronic notification address at which the other attorneys or parties may be served, and shall thereafter serve the requesting attorney or party through electronic means whenever service of a document is required by these rules. Upon motion of an attorney or party and for good cause shown, the court may relieve the attorney or party of the obligation to make or receive service by electronic means. Unrepresented parties who are unable to utilize electronic service methods may continue to serve all other attorneys or parties through any method permitted by these rules. Electronic service of documents that are filed with the clerk shall be made on or before the day they are filed. Service is complete upon electronic transmission, but electronic transmission is not effective if the serving party learns or has reason to know that it did not reach the person to be served. When documents are too large or numerous to be processed electronically by the sender or recipient, the serving attorney or party shall serve them by mail or personal delivery. The signature of an attorney or party on a document served by electronic mail may be represented by "/s/" followed by the typed name of the person signing the document or by a scanned version of an original signature. Signature in such manner is equivalent to a hand-signed original signature for all purposes under these Rules. IV. CR 7.03 (1)(a) Privacy protection for filings made with the court Subsection (a) of section (1) of CR 7.03 shall read: (1) Unless the court orders otherwise, in a civil filing with the court, excluding domestic violence matters, that contains certain personal data, including an individual's social security number or taxpayeridentification number, or birth date, or a financial-account number, an attorney or party making the filing must redact the document so the following information cannot be read: (a) all but the last four digits of the social-security number or taxpayer-identification number; B. AMENDMENTS TO THE RULES OF THE SUPREME COURT (SCR) I. SCR 2.018(1), (3) and (4) Application packets Sections (1), (3) and (4) of SCR 2.018 shall read: (1) All applications for admission to the Kentucky Bar shall be electronically submitted on forms approved by the Board and Committee. Application forms are available on the Kentucky Office of Bar Admissions website, www.kyoba.org. (3) Any applicant who submits an incomplete application will be notified of the error, and given an opportunity to upload a completed application within 30 days after the notification, and paying