Summary
In Kentucky, filing a motion without a certificate of service may be procedurally improper, but courts can exercise discretion in accepting and granting such motions. If a procedural error is deemed non-prejudicial, it might be overlooked. However, if you believe the error significantly impacted your case, you may consider filing a motion to reconsider or appealing the decision. Consulting an attorney for personalized advice is recommended.Full Conversation
In the state of Kentucky, what happens if any motion is filed without a certificate of service?
Hi ****! In Kentucky, if a motion is filed without a certificate of service, it may be considered procedurally improper. The court may deny the motion, or it may not be acted upon until the certificate is provided. It's essential to follow procedural rules to ensure your motion is properly considered.
Do you need information on how to properly file a certificate of service?
A motion for extension of time was filed in the Court of Appeals without a certificate of service - the COA accepted the motion, and subsequently granted the motion.
In Kentucky, while the rules generally require a certificate of service, the Court of Appeals may still have discretion to accept and grant a motion without it. This can depend on specific circumstances and the court's assessment.
Would you like to know more about procedural rules or the potential implications of this decision?
So I have no recourse for such a procedural error?
In Kentucky, procedural errors like filing without a certificate of service can sometimes be overlooked by courts, especially if they deem the error non-prejudicial.
- You may consider filing a motion to reconsider or appeal if you believe the error significantly affected your case.
- Consulting an attorney would be advisable to evaluate the specifics and potential recourse.
Would you like more details on filing a motion to reconsider or appealing the decision?
Gotcha...
Hi ****! It sounds like you might have a valid concern regarding the procedural error. Here are some steps you could take:
- File a motion to reconsider if you believe the error affected the outcome.
- Consider appealing the decision if you think it had a significant impact.
Would you like more information on either of these options?
No... I am good.
It seems that ****'s concern about the procedural error might not be significantly impactful since the Court of Appeals has discretion. However, if he believes it affected his case, consulting an attorney is advisable.
****, if you need further assistance in the future, feel free to reach out. Take care!