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KENTUCKY
RULES OF CIVIL PROCEDURE CR 17.01 REAL PARTY IN INTEREST Every action shall be prosecuted in the name of the real party in interest, but a personal representative, guardian, curator, committee of a person of unsound mind, trustee of an express trust, a person with whom or in whose name a contract is made for the benefit of another, a county, municipal corporation, public board or other such body, a receiver appointed by a court, the assignee or trustee of a bankrupt, an assignee for the benefit of creditors, or a person expressly authorized by statute to do so, may bring an action without joining the party or parties for whose benefit it is prosecuted. Nothing herein, however, shall abrogate or take away an individual's right to sue. [Adopted eff. 7-1-53] CR 17.02 MARRIED PERSONS A married man or a married woman, regardless of age, may sue or be sued as a single person who has reached majority. [Adopted eff. 7-1-53] CR 17.03 INFANTS AND PERSONS OF UNSOUND MIND (1) Actions involving unmarried infants or persons of unsound mind shall be brought by the party's guardian or committee, but if there is none, or such guardian or committee is unwilling or unable to act, a next friend may bring the action. (2) Actions involving unmarried infants or persons of unsound mind shall be defended by the party's guardian or committee. If there is no guardian or committee or he is unable or unwilling to act or is a plaintiff, the court, or the clerk thereof if its judge or judges are not present in the county, shall appoint a guardian ad litem to defend unless one has been previously appointed under Rule 4.04(3) or the warning order attorney has become such guardian under Rule 4.07(3). (3) No judgment shall be rendered against an unmarried infant or person of unsound mind until the party's guardian or committee or the guardian ad litem shall have made defense or filed a report stating that after careful examination of the case he is unable to make defense. (4) Papers required to be served on a party under Rule 5.01 shall be served on the person bringing or defending an action under this rule. (5) The court shall allow the guardian ad litem a reasonable fee for services, to be taxed as costs. Fees allowed to counsel for children, indigent parents or non-parental custodians of children in dependency, abuse or neglect cases, and to counsel for children or indigent parents in parental rights termination cases, under the Juvenile Code, shall not exceed the amounts specified in > KRS 620.100 or > KRS 625.080. Counsel fee awards shall not exceed the statutory maximum, regardless of the number of persons represented in a proceeding by the counsel. [Amended by Order 91-2, eff. 11-15-91; prior amendments eff. 5-1-80, 1-1-78, 4-1-63, 3-1-55; adopted eff. 7-1-53] CR 17.04 PRISONERS (1) Actions involving adult prisoners confined either within or without the State may be brought or defended by the prisoner. If for any reason the prisoner fails or is unable to defend an action, the court shall appoint a practicing attorney as guardian ad litem, and no judgment shall be rendered against the prisoner until the guardian ad litem shall have made defense or filed a report stating that after careful examination of the case he or she is unable to make defense. (2) Fees allowed to counsel appointed to represent prisoners as respondents in dependency, abuse or neglect cases, or in parental rights termination cases, under the Juvenile Code, shall not exceed the amounts specified in > KRS 620.100 or > KRS 625.080. Counsel fee awards shall not exceed the statutory maximum, regardless of the number of persons represented in a proceeding by the counsel. [Amended by Order 95-1, eff. 11-1-95; adopted eff. 7-1-53]
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