Kentucky Rules of Civil Procedure
Cited as Ky. R. Civ. P. · 298 active rules
Kentucky's Court of Justice follows these rules for every civil action and proceeding, from filing a complaint through final judgment and appeal. Summaries, FAQs and full rule text are being added rule by rule.
Plain-English guides Browse Kentucky guides →Part I. Title and Scope of Rules — One Form of Action
Part II. Commencement of Action; Service of Process, Pleadings, Motions and Orders
- Rule 3 Commencement of Action; Fees and Costs.
- Rule 3.02 Circuit civil fees and costs.
- Rule 3.03 District civil fees and costs.
- Rule 4.01 Summons -- Issuance -- By whom served.
- Rule 4.02 Summons -- Form.
- Rule 4.03 Summons -- Return.
- Rule 4.04 Personal service -- Summons and initiating document.
- Rule 4.05 Parties who may be constructively served.
- Rule 4.06 Warning order -- Affidavit.
- Rule 4.07 Warning order attorney.
- Rule 4.08 Constructive service -- When effective.
- Rule 4.09 Personal service in addition to constructive service.
- Rule 4.10 Defense by party constructively served.
- Rule 4.11 Court control of property -- Bond.
- Rule 4.13 Plaintiff may be examined touching his claim.
- Rule 4.14 Counterclaim disclosed allowed.
- Rule 4.15 Unknown defendant.
- Rule 4.16 Summons -- Amendment.
- Rule 5.01 Service -- When required.
- Rule 5.02 Service -- How made.
- Rule 5.03 Service; Proof of.
- Rule 5.04 Service -- Numerous defendants.
- Rule 5.05 Filing.
- Rule 5.06 Filing -- Discovery material.
- Rule 6.01 Computation.
- Rule 6.02 Enlargement.
- Rule 6.03 Unaffected by expiration of term.
- Rule 6.04 For motions -- Affidavits.
- Rule 6.05 Additional time after service by mail.
Part III. Pleadings and Motions
- Rule 7.01 Pleadings.
- Rule 7.02 Motions and other papers.
- Rule 7.03 Privacy Protection for Filings Made with the Court.
- Rule 8.01 Claims for relief.
- Rule 8.02 Defenses -- Form of denials.
- Rule 8.03 Affirmative defenses.
- Rule 8.04 Effect of failure to deny.
- Rule 8.05 Pleading to be concise and direct -- Consistency.
- Rule 8.06 Construction of pleadings.
- Rule 9.01 Capacity.
- Rule 9.02 Fraud, mistake, condition of mind.
- Rule 9.03 Conditions precedent.
- Rule 9.04 Official document or act.
- Rule 9.05 Judgment.
- Rule 9.06 Special damages.
- Rule 10.01 Caption -- Names of parties.
- Rule 10.02 Paragraphs -- Separate statements.
- Rule 10.03 Adoption by reference -- Exhibits.
- Rule 11 Signing of pleadings, motions, and other papers -- Sanctions.
- Rule 12.01 When presented.
- Rule 12.02 How presented.
- Rule 12.03 Motion for judgment on the pleadings.
- Rule 12.04 Preliminary hearing.
- Rule 12.05 Motion for more definite statement.
- Rule 12.06 Motion to strike.
- Rule 12.07 Consolidation of defenses in motion.
- Rule 12.08 Waiver or preservation of certain defenses.
- Rule 13.01 Compulsory counterclaims.
- Rule 13.02 Permissive counterclaims.
- Rule 13.03 Counterclaim exceeding opposing claim.
- Rule 13.04 Counterclaims against the commonwealth.
- Rule 13.05 Counterclaim maturing or acquired after pleading.
- Rule 13.06 Omitted counterclaim.
- Rule 13.07 Cross claim against coparty.
- Rule 13.08 Additional parties may be brought in.
- Rule 13.09 Separate trials -- Separate judgment.
- Rule 14.01 When defendant may bring in third party.
- Rule 14.02 When plaintiff may bring in third party.
- Rule 14.03 Special amici curiae in bond-issue proceedings.
- Rule 15.01 Amendments.
- Rule 15.02 Amendments to conform to the evidence.
- Rule 15.03 Relation back of amendments.
- Rule 15.04 Supplemental pleadings.
- Rule 16 Pretrial procedure -- Formulating issues.
Part IV. Parties
- Rule 17.01 Real party in interest.
- Rule 17.02 Married persons.
- Rule 17.03 Infants and persons of unsound mind.
- Rule 17.04 Prisoners.
- Rule 18.01 Independent or alternative claims.
- Rule 18.02 Dependent claims.
- Rule 19.01 Persons to be joined if feasible.
- Rule 19.02 Determination by court whenever joinder not feasible.
- Rule 19.03 Pleading reasons for nonjoinder.
- Rule 19.04 Exception of class actions.
- Rule 20.01 Permissive joinder.
- Rule 20.02 Separate trials.
- Rule 21 Misjoinder and nonjoinder of parties.
- Rule 22 Interpleader.
- Rule 23.01 Prerequisites to class action.
- Rule 23.02 Class actions maintainable.
- Rule 23.03 Determination by order whether class action to be maintained -- Notice -- Judgment -- Actions conducted partially as class actions.
- Rule 23.04 Orders in conduct of actions.
- Rule 23.05 Dismissal or compromise.
- Rule 23.06 Appeals.
- Rule 23.07 Class counsel.
- Rule 23.08 Attorney's fees and nontaxable costs.
- Rule 24.01 Intervention of right.
- Rule 24.02 Permissive intervention.
- Rule 24.03 Procedure.
- Rule 25.01 Death.
- Rule 25.02 Incompetency.
- Rule 25.03 Transfer of interest.
- Rule 25.04 Public officers -- Death or separation from office.
Part V. Depositions and Discovery
- Rule 26.01 Discovery methods.
- Rule 26.02 Scope of discovery.
- Rule 26.03 Protective orders.
- Rule 26.04 Sequence and timing of discovery.
- Rule 26.05 Supplementation of responses.
- Rule 26.06 Effect of taking deposition or questioning deponent.
- Rule 27.01 Before action.
- Rule 27.02 Pending appeal.
- Rule 27.03 Perpetuation by action.
- Rule 28.01 Within the state.
- Rule 28.02 Without the state.
- Rule 28.03 Depositions to be used in other states.
- Rule 29 Stipulations regarding discovery procedure.
- Rule 30.01 When depositions may be taken.
- Rule 30.02 Notice of examination -- General requirements -- Special notice -- Nonstenographic recording -- Production of documents and things -- Deposition of organization.
- Rule 30.03 Examination and cross-examination -- Record of examination -- Oath -- Objections.
- Rule 30.04 Motion to terminate or limit examination.
- Rule 30.05 Submission to witness -- Changes -- Signing.
- Rule 30.06 Certification and filing by officer -- Copies -- Exhibits.
- Rule 30.07 Failure to attend or to serve subpoena -- Expenses.
- Rule 31.01 Serving questions -- Notice.
- Rule 31.02 Officer to take responses and prepare record.
- Rule 32.01 Use of depositions.
- Rule 32.02 Objections to admissibility.
- Rule 32.03 Effect of taking or using depositions.
- Rule 32.04 Effect of errors and irregularities.
- Rule 33.01 Availability -- Procedures for use.
- Rule 33.02 Scope -- Use at trial.
- Rule 33.03 Option to produce business records.
- Rule 34.01 Scope.
- Rule 34.02 Procedure.
- Rule 34.03 Persons not parties.
- Rule 35.01 Order for examination.
- Rule 35.02 Report of examining physician or health care expert.
- Rule 36.01 Request for admission.
- Rule 36.02 Effect of admission.
- Rule 37.01 Motion for order compelling discovery.
- Rule 37.02 Failure to comply with order.
- Rule 37.03 Expenses on failure to admit.
- Rule 37.04 Failure of party to attend at own deposition or serve answers to interrogatories or respond to request for inspection.
- Rule 37.05 Expenses against the commonwealth.
Part VI. Trials
- Rule 38.01 Right preserved.
- Rule 38.02 Demand.
- Rule 38.03 Same -- Specification of issues.
- Rule 38.04 Waiver.
- Rule 39.01 By jury.
- Rule 39.02 By the court.
- Rule 39.03 Advisory jury and trial by consent.
- Rule 40 Assignment of cases for trial.
- Rule 41.01 Voluntary dismissal -- Effect thereof.
- Rule 41.02 Involuntary dismissal -- Effect thereof.
- Rule 41.03 Dismissal of counterclaim, cross claim or third-party claim.
- Rule 41.04 Costs of previously dismissed action.
- Rule 42.01 Consolidation.
- Rule 42.02 Separate trials.
- Rule 43.01 Burden of proof.
- Rule 43.02 Order of proceeding in trial.
- Rule 43.03 Postponement of trial -- Motion and affidavit.
- Rule 43.04 Form of evidence; Trial by deposition.
- Rule 43.05 Scope of examination and cross-examination -- Leading questions. [Deleted.] Deleted
- Rule 43.06 Same -- Examination of adverse party. [Deleted.] Deleted
- Rule 43.07 Impeachment of witnesses. [Deleted.] Deleted
- Rule 43.08 Same -- Prior contradictory statements. [Deleted.] Deleted
- Rule 43.09 Separation of witnesses. [Deleted.] Deleted
- Rule 43.10 Avowals. [Deleted.] Deleted
- Rule 43.11 Affirmation in lieu of oath. [Deleted.] Deleted
- Rule 43.12 Evidence on motions.
- Rule 43.13 Affidavits -- Definition and content.
- Rule 44.01 Authentication of copy.
- Rule 44.02 Proof of lack of record. [Deleted.] Deleted
- Rule 44.03 Other proof.
- Rule 45.01 Form; issuance.
- Rule 45.02 For production of documentary evidence.
- Rule 45.03 Service; Notice.
- Rule 45.04 Protection of a person subject to a subpoena.
- Rule 45.05 Subpoena for a hearing or trial; personal attendance.
- Rule 45.06 Contempt.
- Rule 46 Exceptions unnecessary.
- Rule 47.01 Examination of jurors.
- Rule 47.02 Alternate jurors.
- Rule 47.03 Peremptory challenges.
- Rule 48 Juries of less than twelve -- Majority verdict.
- Rule 49.01 Special verdicts.
- Rule 49.02 General verdict accompanied by answer to interrogatories.
- Rule 50.01 Motion for directed verdict.
- Rule 50.02 Motion for judgment notwithstanding the verdict; Alternative motion for new trial.
- Rule 50.03 Conditional rulings on grant or denial of motion for judgment notwithstanding the verdict.
- Rule 50.04 Judgment notwithstanding verdict -- Assessment of damages.
- Rule 51 Instructions to jury -- Objections.
- Rule 52.01 When required; effect.
- Rule 52.02 Amendment.
- Rule 52.03 Sufficiency of evidence to support findings.
- Rule 52.04 Failure to make finding on essential issue of fact -- Necessity for request.
- Rule 53.01 Appointments -- Deputies.
- Rule 53.02 Judicial sales -- Settlements -- Receiverships -- Qualifications of commissioner.
- Rule 53.03 Powers.
- Rule 53.04 Proceedings.
- Rule 53.05 Report.
- Rule 53.06 Compensation.
- Rule 53.07 Limit on compensation.
- Rule 53.08 Accounting.
Part VII. Judgment
- Rule 54.01 Definition and construction.
- Rule 54.02 Judgment upon multiple claims or involving multiple parties.
- Rule 54.03 Demand for judgment.
- Rule 54.04 Costs.
- Rule 55.01 Judgment.
- Rule 55.02 Setting aside default.
- Rule 55.03 Plaintiffs, counterclaimants, cross claimants.
- Rule 55.04 Judgment against the commonwealth or the united states.
- Rule 56.01 For claimant.
- Rule 56.02 For defending party.
- Rule 56.03 Motion and proceedings thereon.
- Rule 56.04 Case not fully adjudicated on motion.
- Rule 56.05 Forms of affidavits; Further testimony.
- Rule 56.06 When affidavits are unavailable.
- Rule 56.07 Affidavits made in bad faith.
- Rule 57 Declaratory judgments.
- Rule 58 Signing and entry of judgments and orders in trial courts.
- Rule 59.01 Grounds.
- Rule 59.02 Time for motion.
- Rule 59.03 Time for serving affidavits.
- Rule 59.04 On initiative of court.
- Rule 59.05 Motion to alter, amend or vacate a judgment.
- Rule 59.06 Preservation of error.
- Rule 59.07 Proceedings in lieu of new trial.
- Rule 60.01 Clerical mistakes.
- Rule 60.02 Relief by motion on grounds of mistake, newly discovered evidence, fraud, etc.
- Rule 60.03 Independent actions.
- Rule 60.04 When appeal pending.
- Rule 60.05 Writs abolished.
- Rule 61.01 Harmless error.
- Rule 61.02 Substantial error.
- Rule 62.01 Motions after verdict or judgment.
- Rule 62.02 Pending appeal of injunction judgments. [Repealed] Repealed
- Rule 62.03 Pending appeal of judgment other than injunction judgment. [Repealed] Repealed
- Rule 62.04 Stay of judgment upon multiple claims.
- Rule 63 Disability of a judge.
Part VIII. Provisional and Final Remedies and Special Proceedings
- Rule 64 Seizure of person or property.
- Rule 65.01 Injunctive relief.
- Rule 65.02 Requisites of restraining order or injunction -- Parties bound.
- Rule 65.03 Restraining order.
- Rule 65.04 Temporary injunction.
- Rule 65.05 Restraining order and injunction bond.
- Rule 65.06 Enforcement of restraining orders and injunctions.
- Rule 65.07 Interlocutory relief in court of appeals prior to final judgment. [Repealed] Repealed
- Rule 65.08 Interlocutory relief pending appeal from final judgment. [Repealed] Repealed
- Rule 65.09 Interlocutory relief in Supreme Court. [Repealed] Repealed
- Rule 66 Receivers.
- Rule 67.01 In an action.
- Rule 67.02 Court may order deposit or seizure of property.
- Rule 67.03 Money paid into court.
- Rule 68 Offer of judgment.
- Rule 69.01 Service upon defendants in respect to proceedings for attachment or writ of possession.
- Rule 69.02 Post-judgment garnishment -- Service -- Answer -- Disposition of funds.
- Rule 69.03 Execution.
- Rule 70 Judgment for specific acts.
- Rule 71 Process in behalf of and against persons not parties.
Part IX. Appeals
- Rule 72.01 Scope of rule. [Repealed] Repealed
- Rule 72.02 When and how taken. [Repealed] Repealed
- Rule 72.04 Record on appeal from district court. [Repealed] Repealed
- Rule 72.06 Perfecting appeals and cross-appeals from district court. [Repealed] Repealed
- Rule 72.08 Time in which appeal from district court must be perfected. [Repealed] Repealed
- Rule 72.10 Statement of appeal from district court. [Repealed] Repealed
- Rule 72.12 Appellee's counterstatement. [Repealed] Repealed
- Rule 72.13 Costs. [Repealed] Repealed
- Rule 73.01 General provisions. [Repealed] Repealed
- Rule 73.02 When and how taken. [Repealed] Repealed
- Rule 73.03 Notice of appeal. [Repealed] Repealed
- Rule 73.04 Supersedeas bond. [Repealed] Repealed
- Rule 73.06 Failure to file or insufficiency of supersedeas bond. [Repealed] Repealed
- Rule 73.07 Judgment against surety. [Repealed] Repealed
- Rule 73.08 Certification of record on appeal. [Repealed] Repealed
- Rule 74.01 Cross-appeals. [Repealed] Repealed
- Rule 74.02 Transfer of appeal from court of appeals to supreme court. [Repealed] Repealed
- Rule 75.01 Designation of evidence or proceedings stenographically reported. [Repealed] Repealed
- Rule 75.02 Transcript of evidence and proceedings. [Repealed] Repealed
- Rule 75.03 Form of testimony. [Repealed] Repealed
- Rule 75.05 Record to be abbreviated. [Repealed] Repealed
- Rule 75.06 Stipulation as to record. [Repealed] Repealed
- Rule 75.07 Record to be prepared and transmitted by clerk. [Repealed] Repealed
- Rule 75.08 Power of court to correct or modify record. [Repealed] Repealed
- Rule 75.10 Record for preliminary hearing in an appellate court. [Repealed] Repealed
- Rule 75.11 Several appeals. [Repealed] Repealed
- Rule 75.13 Narrative statement. [Repealed] Repealed
- Rule 75.14 Bystanders bill. [Repealed] Repealed
- Rule 75.15 Record on appeal --Agreed statement. [Repealed] Repealed
- Rule 76.01 Scope of rule. [Repealed] Repealed
- Rule 76.02 Perfecting appeals and cross-appeals. [Repealed] Repealed
- Rule 76.03 Prehearing conference. [Repealed] Repealed
- Rule 76.04 Time in which appeals and cross-appeals must be perfected. [Deleted.] Deleted
- Rule 76.05 Special appeals of the court of appeals [Deleted.] Deleted
- Rule 76.12 Briefs. [Repealed] Repealed
- Rule 76.16 Oral arguments. [Repealed] Repealed
- Rule 76.20 Motion for discretionary review. [Repealed] Repealed
- Rule 76.21 Cross motion for discretionary review. [Repealed] Repealed
- Rule 76.22 Advancement. [Repealed] Repealed
- Rule 76.24 Substitution of parties. [Repealed] Repealed
- Rule 76.25 Review of Workers' Compensation Board decisions. [Repealed] Repealed
- Rule 76.26 Submission of appeals. [Repealed] Repealed
- Rule 76.28 Opinions. [Repealed] Repealed
- Rule 76.30 Effective date of opinions. [Repealed] Repealed
- Rule 76.32 Petitions for rehearing. [Repealed] Repealed
- Rule 76.33 Intermediate relief in appellate court. [Repealed] Repealed
- Rule 76.34 Motions. [Repealed] Repealed
- Rule 76.36 Original proceedings in appellate court. [Repealed] Repealed
- Rule 76.37 Certification of question of law. [Repealed] Repealed
- Rule 76.38 Effective date and reconsideration of orders. [Repealed] Repealed
- Rule 76.40 Time. [Repealed] Repealed
- Rule 76.42 Costs. [Repealed] Repealed
- Rule 76.43 Number of documents required for docketing. [Repealed] Repealed
- Rule 76.44 Stay pending review by United States Supreme Court. [Repealed] Repealed
- Rule 76.46 Preservation and disposition of records. [Repealed] Repealed
Part X. Courts and Clerks
- Rule 77.01 Courts always open.
- Rule 77.02 Trials and hearings -- Orders in chambers -- Review of trial dockets.
- Rule 77.03 Clerk's office and orders by clerk.
- Rule 77.04 Notice of entry of judgments and orders.
- Rule 78 Motion days -- Submission of motions.
- Rule 79.01 Dockets.
- Rule 79.02 Entry of satisfaction of judgment.
- Rule 79.03 Indices and calendars.
- Rule 79.04 Other records.
- Rule 79.05 Original record -- Removal and transfer.
- Rule 79.06 Clerks of the Court of Appeals and Supreme Court. [Repealed] Repealed
- Rule 80 Stenographic report or transcript as evidence.
Part XI. General Application of These Rules
Part XII. Special Rules of the Circuit Court for the Economical Litigation Docket
- Rule 88 Scope of rules relating to the economical litigation docket.
- Rule 89 Economical litigation docket.
- Rule 90 Discovery and status conference.
- Rule 91 Telephone conferences.
- Rule 92 Motions -- Enlargement of time -- Summary judgment.
- Rule 93.01 Depositions.
- Rule 93.02 Interrogatories.
- Rule 93.03 Production of documents and things and entry upon land for inspection and other purposes.
- Rule 93.04 Exchange of information.
- Rule 94 Certificate of compliance.
- Rule 95 Pretrial conference.
- Rule 96 Sanctions.
- Rule 97 Presence of counsel.
- Rule 98 Procedures for video recorded court proceedings and appeals.
Part XIII. Mediation Rules
- Rule 99.01 Authority, preamble and scope.
- Rule 99.02 Mediation defined.
- Rule 99.03 Referral of cases to mediation.
- Rule 99.04 No stay of proceedings.
- Rule 99.05 Appointment of mediator.
- Rule 99.06 Mediator compensation.
- Rule 99.07 Mediation procedure.
- Rule 99.08 Attendance at mediation conference.
- Rule 99.09 Reporting to the court.
- Rule 99.10 Agreement.
- Rule 99.11 Confidentiality.
- Rule 100.01 Purpose.
- Rule 100.02 Competency.
- Rule 100.03 Impartiality.
- Rule 100.04 Confidentiality.
- Rule 100.05 Consent.
- Rule 100.06 Self-determination.
- Rule 100.07 Separation of mediation from legal and other professional advice.
- Rule 100.08 Conflicts of interest.
- Rule 100.09 Protecting the integrity of the mediation process.
Kentucky's civil procedure numbering runs 1 through 100, with decimal subrules layered in throughout (e.g. 4.01-4.16, 99.01-99.11) and one lettered rule (81A). Rules 43.05-43.11, 44.02, 76.04, 76.05, and 84 carry no operative text and are shown below for completeness, labeled Deleted. Rules 62.02-62.03, 65.07-65.09, 72.01-72.13, 73.01-73.08, 74.01-74.02, 75.01-75.15, 76.01-76.46 (apart from the Deleted pair above), and 79.06 -- Kentucky's own pre-1976 appellate-procedure apparatus, superseded by the Rules of Appellate Procedure -- carry no operative text either and are labeled Repealed.
Source: Kentucky Court of Justice ·
Prescribed by the Supreme Court of Kentucky (Ky. Const. § 116) ·
Current through June 18, 2026 ·
Official source