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Section 13 Electronic service of documents

Baldwin's Kentucky Revised Statutes AnnotatedAdministrative Rules of Practice and Procedure for the Kentucky Court of Justice Electronic FilingEffective: December 20, 2022

Baldwin's Kentucky Revised Statutes Annotated
Administrative Rules of Practice and Procedure for the Kentucky Court of Justice Electronic Filing
Effective: December 20, 2022
KY Administrative Procedures E-Filing, AP E-Filing, Sec. 13
Section 13 Electronic service of documents
Currentness
(1) Notice of Electronic Filing. Upon the electronic filing of a document, the court's eFiling system will automatically generate and send a Notice of Electronic Filing (NEF) to all eFilers associated with that case, along with a hyperlink to the electronic document. Transmission of the NEF with a hyperlink to the electronic document constitutes service of the filed document under CR 5. No other service on those parties is required.
(2) Parties must serve a paper copy of any eFiled document in the manner required by CR 5 on a party or other person entitled to service who is not a registered eFiler. It is the responsibility of the eFiler to review the list of parties who will receive electronic service as indicated by the eFiling system and determine which parties, if any, require conventional service.
(a) The Notice of Electronic Filing will only be sent to eFilers who have associated themselves with the case, and will continue to be sent to them until they have filed a proper withdrawal of appearance in a case and, if applicable, obtained an order allowing the withdrawal.
(b) The NEF will include the date and time of filing in the time zone of the receiving court, along with an electronic hyperlink to the document filed.
(c) If the eFiler received an NCP that indicates a document or filing was returned by the clerk, he or she may correct any deficiencies and refile the document.
(d) If the eFiler learns or has reason to know that the NEF was not transmitted successfully to a party, electronic service is not effective. The filer must serve the electronically filed document by traditional methods pursuant to CR 5 immediately upon discovering that the notice was deficient or that transmission was otherwise unsuccessful.
(3) Service of Process. Electronic service of process is not permitted for purposes of obtaining jurisdiction over persons or property, i.e., CR 4 service, with the exception of the service of summons on a cross, counter, or third-party complaint where the defendant to such complaint has already eFiled in the case and therefore consented to receive electronic service. All other service of process must be effected in the traditional manner. The plaintiff or petitioner need not present the summons to the clerk along with the initiating document; the clerk will generate the summons and issue it as set out below in paragraphs (a) and (b). The summons shall bear the date and time indicated on the Notice of Electronic Filing, regardless of when the clerk processes the filing and issues a Notification of Court Processing.
(a) Summonses will be issued as follows:
(i) For service by certified mail under CR 4.01(1)(a), the clerk will issue the summons, and cause service of the summons and complaint to be made via certified mail;
(ii) For service by the sheriff under CR 4.01(1)(b), the clerk will issue the summons and cause the summons and complaint to be transferred to the sheriff for service;
(iii) For service by a process server or other authorized person under CR 4.01(1)(b), other than the sheriff, the summons will be issued by the clerk and electronically returned to the initiating party for service; or
(iv) At the request of the initiating party, in accordance with CR 4.01(1)(c), the clerk will issue the summons and electronically return it to the initiating party for service.
(v) For service by warning order attorney under CRs 4.05, 4.06, and 4.07, the party requesting the warning order attorney shall upload a copy of the affidavit as provided by CR 4.06. Such affidavits shall be filed as stand-alone documents and not included within the body of an initiating document or pleading. The clerk shall appoint a practicing attorney of the court to serve as warning order attorney for the defendant pursuant to CR 4.07. The eFiling system may assess a non-refundable deposit for the warning order attorney, which may or may not constitute the entirety of his or her legal fees under CR 4.07(6).
(vi) For service of process through the Secretary of State in accordance with KRS 454.210, the clerk will issue the summons, and cause two copies of the summons and two attested copies of the initiating party's complaint to be transferred to the Secretary of State.
(b) The return of service must be imaged in a PDF or PDF/A format and electronically filed by the party at whose request the summons was issued and served if proof of service is returned to that party.
(4) Service of Subpoenas. Subpoenas issued pursuant to CR 45 must be served as provided in CR 45.03(1) and not by use of the eFiling system. Notices required to be served on each party pursuant to CR 45.03(3) may be served electronically by mutual consent consistent with CR 5.02, but not via the court's eFiling system. Proof of service pursuant to CR 45.03(1) and RCr 7.02 may be filed via the court's eFiling system.
(5) Certificate of Service. A certificate of service must be included with all documents filed electronically. A certificate of service must show parties who received conventional service and parties who received electronic service.
(6) Additional Time After Electronic Service. Service by electronic means under this rule is treated the same as service by mail under CR 6.05 for the purpose of adding three (3) days to the prescribed period.

Credits

HISTORY: Renumbered Section 13, and amended, by Order 2022-65, eff. 12-20-22; formerly section 12. Renumbered section 12, and amended, by Order 2018-11, eff. 8-1-18; formerly section 11, amended by Order 2015-02, eff. 1-15-15; adopted by Order 2014-09, eff. 5-1-14
Administrative Procedures E-Filing, AP E-Filing, Sec. 13, KY ST ADMIN E-FILING AP E-Filing, Sec. 13
Current with amendments received through November 15, 2023. Some rules may be more current, see credits for details.
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