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KENTUCKY
RULES OF CIVIL PROCEDURE (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. [Amended by Order 94-1, eff. 10-1-94; prior amendments eff. 6-1-78, 1-1-78, 6-1-60; adopted eff. 7-1-53] CR 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. [Amended eff. 7-1-75; prior amendment eff. 6-7-74; adopted eff. 7-1-53] CR 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. [Amended
eff. 6-1-60; adopted eff. 7-1-53] CR 4.04 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 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 county 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. [Amended eff. 7-1-79; prior amendments eff. 1-1-78, 7-1-75, 6-7-74, 7-1-69, 4-1-63, 6-1-60; adopted eff. 7-1-53] CR 4.05 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. [Amended eff. 1-1-78; prior amendment eff. 4-1-63; adopted eff. 7-1-53] CR 4.06 WARNING ORDER; AFFIDAVIT (1) The warning order provided in Rule
4.05 shall be made by the clerk only upon an affidavit of the
plaintiff or his attorney, or if the plaintiff is under disability,
of the party suing in his behalf or his attorney, stating the ground
of the application for such order. The affiant shall state the last
known address of the defendant, or, if the defendant is one
designated in Rule 4.05(b) and its address is unknown, the last
known address of one upon whom service may be had in its behalf, or
shall state his ignorance of such of those facts as he does not
know. If the affidavit is made by one other than the plaintiff,
stating any grounds mentioned in Rule 4.05, the affidavit shall
state the affiant's connection with the plaintiff and the affiant's
belief that the (2) An affidavit made pursuant to the provisions of Rule 4.06(1), unless it is controverted by the defendant's affidavit, shall be sufficient evidence of the facts therein stated for the support of the action as well as of the warning order. [Amended eff. 1-1-78; prior amendment eff. 4-1-63; adopted eff. 7-1-53] CR 4.07 WARNING ORDER ATTORNEY (1) The clerk at the time of making a warning order shall appoint, as attorney for the defendant, a practicing attorney of the court. The court may appoint another attorney as a substitute for the attorney appointed by the clerk. Neither the plaintiff nor his attorney shall be appointed, or be permitted to suggest the name of the defendant's attorney. Such attorney must make diligent efforts to inform the defendant, by mail, concerning the pendency and nature of the action against him, and must report the result of his efforts to the court within 50 days after his appointment. (2) If the warning order attorney cannot inform the defendant concerning the action, he shall so report to the court and shall then make a defense by answer if he can. If unable to make defense, he shall so report. (3) If the warning order attorney knows or learns that the defendant is an unmarried infant or of unsound mind he shall include such information in the report required by paragraph (1) of this rule, and upon the filing of such report he shall become the guardian ad litem for such defendant as if appointed under Rule 17.03. (4) Nothing done by the warning order attorney acting in such capacity or as guardian ad litem under paragraph (3) of this rule shall be treated as an appearance by the defendant. (5) No judgment shall be rendered against a defendant for whom a warning order is made until a report required by this rule has been filed. Failure to file a report required by this rule without good cause may be punished as a contempt of court. (6) The court shall allow the warning order attorney a reasonable fee for his services, to be taxed as costs. [Amended eff. 1-1-78; prior amendment eff. 4-1-63; adopted eff. 7-1-53] CR 4.08 CONSTRUCTIVE SERVICE; WHEN EFFECTIVE A defendant constructively summoned shall be deemed to have been summoned on the 30th day after the entry of a warning order and the action may proceed accordingly. [Adopted eff. 7-1-53] CR 4.09 PERSONAL SERVICE IN ADDITION TO CONSTRUCTIVE SERVICE The plaintiff (or other initiating party) may at any time before judgment have the summons and the copy of the complaint (or other initiating document) served on the defendant (or other respondent) if found in this state though a warning order may have been entered against him, and after such service the case shall proceed as in other cases of actual service. [Amended eff. 7-1-75; prior amendment eff. 6-7-74; adopted eff. 7-1-53] CR 4.10 DEFENSE BY PARTY CONSTRUCTIVELY SERVED A party before the court by constructive service alone, which shall not include a party served as provided by Rule 4.04(2), shall be permitted to defend at any time before judgment even though in default. Such party may obtain any relief after judgment available to a party personally served. [Amended eff. 6-1-60; adopted eff. 7-1-53] CR 4.11 COURT CONTROL OF PROPERTY; BOND In an action involving the property of a party before the court by constructive service alone, the court shall adjudicate the rights of the parties in the judgment and shall retain control over and preserve, for one year after the entry of the judgment, any property of which the constructively summoned party has been deprived thereby, or the proceeds thereof, unless prior to the expiration of that period the successful party executes a bond in a penal sum fixed by the court at not less than the fair market value of such property, with surety approved by the court. The condition of the bond shall be that if the constructively summoned party institutes a proceeding to obtain relief from the judgment within one year after its entry, the principal will comply with any new judgment concerning such property entered in such proceeding. If a bond is executed, or in the absence of a bond if no such proceeding is brought within the one year period, the property or its proceeds shall be disposed of in accordance with the judgment. If the original action involves persons having distinct interests, the bond may be executed for each according to his interest. [Amended eff. 6-1-60; adopted eff. 7-1-53] CR 4.12 EXEMPTION OF COMMONWEALTH AND POLITICAL SUBDIVISIONS--REPEALED [Repealed eff. 4-1-63; amended eff. 6-1-60; adopted eff. 7-1-53] CR 4.13 PLAINTIFF MAY BE EXAMINED TOUCHING HIS CLAIM Before rendering judgment against a defendant constructively summoned and who has not appeared, the court may cause the plaintiff to appear personally in court, or before a commissioner, and answer under oath concerning the statements of the complaint, or any defense thereto, including counterclaims, and may order the examination reduced to writing and filed with the papers of the action. [Adopted eff. 7-1-53] CR 4.14 COUNTERCLAIM DISCLOSED ALLOWED If upon the examination allowed by Rule 4.13 any counterclaim is disclosed, it may be adjusted and allowed in the judgment. [Adopted eff. 7-1-53] CR 4.15 UNKNOWN DEFENDANT In an action against a person whose name is unknown to the plaintiff: (a) He shall be described in the complaint and process as unknown defendant, (b) if his name and place of residence, or either, be discovered by the plaintiff pending the action, the complaint shall be amended accordingly. [Amended eff. 1-1-78; prior amendment eff. 4-1-63; adopted eff. 7-1-53] CR 4.16 SUMMONS; AMENDMENT The court in its sound discretion and on such terms as it deems just may at any time allow any summons or other process or proof of service thereof to be amended, unless it clearly appears that the substantial rights of the party against whom it was issued would thereby be prejudiced. [Amended eff. 1-1-78; adopted eff. 7-1-53]
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