Kentucky Rules of Civil Procedure

This article will provide guidance on Kentucky Rules of Civil Procedure. Disclaimer: Due to the law’s rapidly changing nature, there will be times when the material on this site will not be current. It is provided for general information and is not intended as legal advice. It should not be considered comprehensive or exhaustive and is not a substitute for advice from your attorney. We make no express or implied warranty as to the material’s accuracy, reliability, completeness, timeliness, or appropriateness for a particular purpose, including applicability to your jurisdiction or circumstances. We assume no liability for any direct, indirect, or consequential damages resulting from your reliance on this material; you do so at your own risk. Seek the advice of an attorney. Comments, corrections, or suggestions should be directed to info@undisputedlegal.com. The information listed below may have been amended. For updated process serving legislation, please visit the Kentucky Courts website.

Kentucky Process Service Requirements

Service may be made upon an individual out of this state, other than an unmarried infant, a person of unsound mind, or a prisoner, either by certified mail in the manner prescribed in Rule 4.01 (1) (a) or by personal delivery of a copy of the summons and the complaint (or another initiating document) by a person over 18 years of age.

Kentucky Rules of Civil Procedure Rule 4. Process.

Kentucky Rules of Civil Procedure Rule 4.01. Summons – Issuance – By whom served.

(1) Upon the filing of the complaint (or another initiating document), the clerk shall forthwith issue the required summons and, at the direction of the initiating party, either:

(a) Place a copy of the summons and complaint (or another initiating document) to be served in an envelope, address the envelope to the person to be served at the address outlined in the caption or at the address outlined in the written instructions furnished by the initiating party, affix adequate postage, and place the sealed envelope in the United States mail as registered mail or certified mail return receipt requested with instructions to the delivering postal employee to deliver to the addressee only and show the address where delivered and the date of delivery. The clerk shall enter the mailing facts on the docket and make a similar entry when he or she receives the return receipt. If the envelope is returned with an endorsement showing failure of delivery, the clerk shall enter that fact on the docket. The clerk shall file the return receipt or returned envelope in the record. Service by registered mail or certified mail is complete only upon delivery of the envelope. The return receipt shall be proof of the time, place, and manner of service. To the extent that the United States postal regulations permit authorized representatives of local, state, or federal government offices to accept and sign for “addressee only” mail, such an authorized representative shall constitute service to the officer. All postage shall be advanced by the initiating party and be recoverable as costs; or

(b) Cause the summons and complaint (or another initiating document), with necessary copies, to be transferred for service to any person authorized, other than by paragraph (1) of this Rule, to deliver them, who shall serve the summons and accompanying documents. His return endorsed thereon shall be proof of the time and manner of service.

(2) A summons may be issued for service in any county against any person to be served, and separate or additional summons may be issued against any person to be served at the request of the initiating party.

Kentucky Rules of Civil Procedure Rule 4.02. Summons – Form.

The summons shall be issued in the name of the Commonwealth, be dated and signed by the clerk, contain the name of the court and the style and number of the action, and be directed to each defendant, notifying him that a legal action has been filed against him and that unless a written defense is made by him or by an attorney in his behalf within 20 days following the day on which the summons is served on him a judgment may issue against him for the relief demanded.

Kentucky Rules of Civil Procedure Rule 4.03. Summons – Return.

The person serving the summons shall make proof thereof to the court promptly and, in any event, within the time during which the person served must respond.

Kentucky Rules of Civil Procedure Rule 4.04. Personal service – Summons and initiating documents.

(1) The summons and complaint (or another initiating document) shall be served together. The initiating party shall furnish the person doing service with such copies as may be necessary.

(2) Service shall be made upon an individual within this Commonwealth; other than an unmarried infant or person of unsound mind, by delivering a copy of the summons and of the complaint (or another initiating document) to him personally or if acceptance is refused by offering personal delivery to such person, or by delivering a copy of the summons and of the complaint (or another initiating document) to an agent authorized by appointment or by law to receive service of process for such an individual.

(3) Service shall be made upon an unmarried infant or a person of unsound mind by serving his resident guardian or committee if there is one known to the plaintiff or, if none, by serving either his father or mother within this state or, if none, by serving the person within this state having control of the such individual. If there are no such persons enumerated above, the clerk shall appoint a practicing attorney as guardian ad litem who shall be served. If any of the persons directed by this section to be served is a plaintiff, the person who stands first in the order named who is not a plaintiff shall be served.

(4) Service shall be made upon a partnership or unincorporated association subject to suit under a common name by serving a partner or managing agent of the partnership or an officer or managing agent of the association, or an agent authorized by appointment or by law to receive service on its behalf.

(5) Service shall be made upon a corporation by serving an officer or managing agent thereof, or the chief agent in the country wherein the action is brought, or any other agent authorized by appointment or by law to receive service on its behalf.

(6) Service shall be made upon the Commonwealth or any agency by serving the Attorney-General or any assistant attorney-general.

(7) Service shall be made upon a county by serving the county judge or, if he is absent from the county, the county attorney. Service shall be made upon a city by serving the chief executive officer or an official attorney thereof. Service on any public board or other such body, except state agencies, shall be made by serving a member.

(8) Service may be made upon an individual out of this state, other than an unmarried infant, a person of unsound mind, or a prisoner, either by certified mail in the manner prescribed in Rule 4.01 (1) (a) or by personal delivery of a copy of the summons and the complaint (or another initiating document) by a person over 18 years of age. Proof of service shall be made either by the return receipt mentioned in Rule 4.01 (1) (a) or by affidavit of the person doing such service, upon or appended to the summons, stating the time and place of service and the fact that the individual served was personally known to him. Such service without an appearance shall not authorize a personal judgment, but for all other purposes, the individual summoned shall be before the courts as in other cases of personal service.

(9) Service may be made upon a nonresident individual who transacts business through an office or agency in this state or a resident individual who transacts business through an office or agency in any action growing out of or connected with the business of such office or agency, by serving the person in charge thereof.

Case Note:
A company is not required by law to admit into its plant or shop a constable, deputy sheriff, or any official qualified under the law to serve civil process on an employee. Furthermore, if such official stays after a request to leave, they could be trespassing, nor does it make a difference if the summons is connected with a civil or divorce action. The opinion of the Attorney General 79-123.

Kentucky Rules of Civil Procedure Rule 4.05. Parties who may be constructively served.

If a party seeking to be summoned: (a) an individual who is a nonresident of this state and known or believed to be absent therefrom, or (b) a corporation or a partnership or unincorporated association which is subject to suit under a common name, having no agent in this state known to the plaintiff upon whom a summons may be lawfully served, or (c) an individual who has been absent from the state for four months or who has departed therefrom with the intent to delay or defraud his creditors, or (d) an individual who has left the county of his residence to avoid the service of a summons or has so concealed himself that a summons cannot be served upon him, or (e) an individual whose name or place of residence is unknown to the plaintiff; the clerk shall forthwith, subject to the provisions of Rule 4.06, make an order upon the complaint warning the party to appear and defend the action within 50 days.

Kentucky Rules of Civil Procedure Rule 45.01. For attendance of witnesses – Form – Issuance.

The clerk or other authorized officer shall issue every subpoena, shall state the name of the court and the title of the action, and shall command each person to whom it is directed to attend and give testimony at the time and place and for the party therein specified. The clerk or other authorized officer shall issue a subpoena, or a subpoena for the production of documentary or other tangible evidence, signed but otherwise in blank, to a party requesting it, who shall fill it in before service. Subpoenas shall not be used for any purpose except to command the witness’s attendance and production of documentary or other tangible evidence at a deposition, hearing, or trial. Upon the Court’s order, with the agreement of the parties, documents may be produced without a deposition. (Amended October 1, 1991, effective November 15, 1991.)

Rule 45.02. For the production of documentary evidence.

A subpoena may also command the person directed to produce the books, papers, documents, or tangible things designated therein. Still, the court, upon motion, made promptly and in any event at or before the time specified in the subpoena for compliance therewith, may (a) quash or modify the subpoena if it is unreasonable and oppressive or (b) condition denial of the motion upon the advancement by the person in whose behalf the subpoena is issued of the reasonable cost of producing the books, papers, documents, or tangible things.
(Amended October 18, 1977, effective January 1, 1978.)

Rule 45.03. Service [of subpoena].

(1) Service may be made upon an individual out of this state, other than an unmarried infant, a person of unsound mind, or a prisoner, either by certified mail in the manner prescribed in Rule 4.01 (1) (a) or by personal delivery of a copy of the summons and the complaint (or another initiating document) by a person over 18 years of age. Proof of service shall be made either by the return receipt mentioned in Rule 4.01 (1) (a) or by affidavit of the person doing such service, upon or appended to the summons, stating the time and place of service and the fact that the individual served was personally known to him. Such service without an appearance shall not authorize a personal judgment, but for all other purposes, the individual summoned shall be before the courts as in other cases of personal service.

(2) Copies of all documents received in response to the subpoena (or instead of proceedings thereunder) shall be furnished to all other parties to the action except on motion and for a good cause shown. Any other tangible evidence received in response to the subpoena (or instead of proceedings thereunder) shall be made available for inspection by all other parties to the action.
(Amended October 1, 1991, effective November 15, 1991.)

OUR PROCESS

Documents can be faxed at (800) 296-0115, emailed ps@undisputedlegal.com or uploaded to our website. We do require prepayment and accept all major credit and debit cards. Once payment is processed, your sales receipt is immediately emailed for your records.

Drop-offs must call and make an appointment first to be added to building security to permit access to our office. Documents for service must be in a sealed envelope with payment in the form of a money order or attorney check (WE DO NOT ACCEPT CASH) payable to UNDISPUTED LEGAL INC.; All documents are received by our receptionist.

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New Jersey: (201) 630-0114 – 101 Hudson Street, 21 Floor, Jersey City, New Jersey 07302
Washington DC: (202) 655-4450 – 2200 Pennsylvania Avenue, 4 Fl East, Washington DC 20037

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