KENTUCKY RULES OF
CIVIL PROCEDURE
Introduction
In the state of
Kentucky, no process server license is required. Process service may be completed by individual from 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 of the complaint by a person at least
eighteen years of age.
Kentucky requires all affidavits whether served or non-served to
be notarized.
Rules
Summons; Issuance; by whom served
Summons; Form
Summons; Return
Personal Service; Summons and
Initiating Document
Parties Who May Be Constructively
Served
For Attendance of Witnesses- Form-
Issuance
For Production of Documentary
Evidence
Service of Subpoena
SUMMONS -
ISSUANCE - BY WHOM SERVED
1.
Upon the filing of
the complaint (or other 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 other initiating document) to be served in an envelope, address the
envelope to the person to be served at the address set forth in the caption or
at the address set forth in 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
forthwith enter the facts of mailing on the docket and make a similar entry
when the return receipt is received by him or her. 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 governmental offices to accept and sign for "addressee only"
mail, signature by such authorized representative shall constitute service on
the officer. All postage shall be advanced by the initiating party and be
recoverable as costs; or
b. Cause
the summons and complaint (or other 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, and 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.
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.
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.
PERSONAL
SERVICE - SUMMONS AND INITIATING DOCUMENT
1.
The summons and
complaint (or other initiating document) shall be served together. The
initiating party shall furnish the person making 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 other 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 other 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 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 thereof 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 thereof or an official attorney thereof. Service on any
public board or other such body, except state agencies, shall be made by
serving a member thereof.
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 of the complaint (or other 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 making 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
for the purpose of serving civil process on an employee, and furthermore, if
such official stays after a request to leave, he or she could be trespassing,
nor does it make a difference if the summons is in connection with a civil or
divorce action. Opinion of the Attorney General 79-123.
PARTIES WHO MAY
BE CONSTRUCTIVELY SERVED
If a party sought to be summoned is:
(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.
FOR ATTENDANCE
OF WITNESSES - FORM - ISSUANCE
Every subpoena shall be issued by the
clerk or other authorized officer, 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
attendance of the witness and production of documentary or other tangible
evidence at a deposition, hearing or trial. Upon order of the Court, with the
agreement of the parties, documents may be produced without a deposition.
(Amended October 1, 1991, effective November 15, 1991.)
FOR PRODUCTION
OF DOCUMENTARY EVIDENCE
A subpoena may also command the person
to whom it is directed to produce the books, papers, documents or tangible
things designated therein; but 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.)
SERVICE [OF
SUBPOENA]
- 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 of the complaint (or other 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 making 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.
- Copies of all
documents received in response to the subpoena (or in lieu of proceedings
thereunder) shall be forthwith furnished to all other parties to the
action except on motion and for good cause shown. Any other tangible
evidence received in response to the subpoena (or in lieu of proceedings
thereunder) shall be forthwith made available for inspection by all other
parties to the action. (Amended October 1, 1991, effective November 15,
1991.)
In Kentucky, lobbyists and state officials are always active in
transforming laws concerning civil procedure.
As a result, state information offered on our website may have been
amended recently. For contemporary
process serving and civil statutes, visit the official Kentucky Judicial System
Court website: http://www.kycourts.net/
