The 2010 amendment to the Kentucky Civil Rule 5.02, effective Jan. 1, 2011, adopted provisions relating to electronic service similar to those contained in FRCP 5(b)(2)(E). Under the amended Rule, service may be made by electronic means (i.e., e-mail) upon a party or attorney who has consented to accept electronic service in a written notice that is filed with the court clerk and served on all parties. The notice to accept such service must include the e-mail address at which electronic service will be accepted. Electronic service is complete upon transmission unless the transmitting party learns the electronic transmission did not reach the person intended to be served.
Text of amended Rule:
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 is ordered by the court. 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. 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; or sending it by electronic means if the attorney or a party consents in writing. The attorney or a party consents to accept electronic service by filing and serving a notice that the attorney or party accepts electronic service. The notice must include the electronic notification address at which the attorney or party agrees to accept service. Service is complete upon mailing or electronic transmission, but electronic transmission is not effective if the serving party learns that it did not reach the person to be served.
(Amended by Order 2010-09, eff. 1-1-2011; adopted eff. 7-1-1953)
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