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KENTUCKY
RULES OF CIVIL PROCEDURE CR 55.01 JUDGMENT When a party against whom a judgment for affirmative relief is sought has failed to plead or otherwise defend as provided by these rules, the party entitled to a judgment by default shall apply to the court therefor. If the party against whom judgment by default is sought has appeared in the action, he, or if appearing by representative, his representative shall be served with written notice of the application for judgment at least three days prior to the hearing on such application. The motion for judgment against a party in default for failure to appear shall be accompanied by a certificate of the attorney that no papers have been served on him by the party in default. If, in order to enable the court to enter judgment or to carry it into effect, it is necessary to take an account or to determine the amount of damages or to establish the truth of any averment by evidence or to make an investigation of any other matter, the court, without a jury, shall conduct such hearings or order such references as it deems necessary and proper, unless a jury is demanded by a party entitled thereto or is mandatory by statute or by the Constitution. A party in default for failure to appear shall be deemed to have waived his right of trial by jury. [Amended eff. 3-1-55; adopted eff. 7-1-53] CR 55.02 SETTING ASIDE DEFAULT For good cause shown the court may set aside a judgment by default in accordance with Rule 60.02. [Adopted eff. 7-1-53] CR 55.03 PLAINTIFFS, COUNTERCLAIMANTS, CROSS-CLAIMANTS he provisions of this rule apply whether the party entitled to the judgment by default is a plaintiff, a third-party plaintiff, or a party who has pleaded a cross-claim or counterclaim. In all cases a judgment by default is subject to the limitations of Rule 54.03. [Adopted eff. 7-1-53] CR 55.04 JUDGMENT AGAINST THE COMMONWEALTH OR THE UNITED STATES No judgment by default shall be entered against the Commonwealth or an officer or agency thereof or against the United States of America or an officer or agency thereof unless the claimant establishes his claim or right to relief by evidence satisfactory to the Court. [Amended by Order 84-2, eff. 1-1-85; prior amendment eff. 1-1-78; adopted eff. 7-1-53]
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