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Tuesday, February 09, 2010     
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  Kentucky Rules of Civil Procedure 

The Kentucky Rules of Civil Procedure govern the practice and procedure of all civil actions in the Kentucky Court of Justice at all levels except for certain statutory proceedings.  An index and the full text of all rules are included here for your convenience.

This compilation of Supreme Court Rules has been prepared as a service and convenience to our members.  The Official listing may be found on the Kentucky Court of Justice website at http://courts.ky.gov/supremecourt/rulesprocedures.htm

RULES OF CIVIL PROCEDURE
Effective July 1, 1953

I TITLE AND SCOPE OF RULES; ONE FORM OF ACTION
CR 1 Title and scope of Rules

CR 2 One form of action

II COMMENCEMENT OF ACTION; SERVICE OF PROCESS, PLEADINGS, MOTIONS AND ORDERS
CR 3 Commencement of action; fees and costs
CR 3.01 Commencement of action
CR 3.02 Circuit civil fees and costs
CR 3.03 District civil fees and costs

CR 4 Process
CR 4.01 Summons; issuance; by whom served
CR 4.02 Summons; form
CR 4.03 Summons; return
CR 4.04 Personal service; summons and initiating document
CR 4.05 Parties who may be constructively served
CR 4.06 Warning order; affidavit
CR 4.07 Warning order attorney
CR 4.08 Constructive service; when effective
CR 4.09 Personal service in addition to constructive service
CR 4.10 Defense by party constructively served
CR 4.11 Court control of property; bond
CR 4.12 Exemption of Commonwealth and political subdivisions—Repealed
CR 4.13 Plaintiff may be examined touching his claim
CR 4.14 Counterclaim disclosed allowed
CR 4.15 Unknown defendant
CR 4.16 Summons; amendment

CR 5 Service and filing of pleadings and other papers
CR 5.01 Service; when required
CR 5.02 Service; how made
CR 5.03 Service; proof of
CR 5.04 Service; numerous defendants
CR 5.05 Filing
CR 5.06 Filing - discovery material

CR 6 Time
CR 6.01 Computation
CR 6.02 Enlargement
CR 6.03 Unaffected by expiration of term
CR 6.04 For motions; affidavits
CR 6.05 Additional time after service by mail

III PLEADINGS AND MOTIONS
CR 7 Pleadings allowed; form of motions
CR 7.01 Pleadings
CR 7.02 Motions and other papers
CR 7.03 Privacy protection for filings made with the court

CR 8 General rules of pleading
CR 8.01 Claims for relief
CR 8.02 Defenses; form of denials
CR 8.03 Affirmative defenses
CR 8.04 Effect of failure to deny
CR 8.05 Pleading to be concise and direct; consistency
CR 8.06 Construction of pleadings

CR 9 Pleading special matters
CR 9.01 Capacity
CR 9.02 Fraud, mistake, condition of mind
CR 9.03 Conditions precedent
CR 9.04 Official document or act
CR 9.05 Judgment
CR 9.06 Special damages

CR 10 Form of pleadings
CR 10.01 Caption; names of parties
CR 10.02 Paragraphs; separate statements
CR 10.03 Adoption by reference; exhibits

CR 11 Signing of pleadings, motions, and other papers; sanctions

CR 12 Defenses and objections; when and how presented; motion for judgment on pleadings
CR 12.01 When presented
CR 12.02 How presented
CR 12.03 Motion for judgment on the pleadings
CR 12.04 Preliminary hearing
CR 12.05 Motion for more definite statement
CR 12.06 Motion to strike
CR 12.07 Consolidation of defenses in motion
CR 12.08 Waiver or preservation of certain defenses

CR 13 Counterclaims and cross-claims
CR 13.01 Compulsory counterclaims
CR 13.02 Permissive counterclaims
CR 13.03 Counterclaim exceeding opposing claim
CR 13.04 Counterclaims against the Commonwealth
CR 13.05 Counterclaim maturing or acquired after pleading
CR 13.06 Omitted counterclaim
CR 13.07 Cross-claim against co-party
CR 13.08 Additional parties may be brought in
CR 13.09 Separate trials; separate judgment

CR 14 Third-party practice
CR 14.01 When defendant may bring in third party
CR 14.02 When plaintiff may bring in third party
CR 14.03 Special amici curiae in bond-issue proceedings

CR 15 Amended and supplemental pleadings
CR 15.01 Amendments
CR 15.02 Amendments to conform to the evidence
CR 15.03 Relation back of amendments
CR 15.04 Supplemental pleadings

CR 16 Pretrial procedure; formulating issues

IV PARTIES
CR 17 Parties plaintiff and defendant; capacity
CR 17.01 Real party in interest
CR 17.02 Married persons
CR 17.03 Infants and persons of unsound mind
CR 17.04 Prisoners

CR 18 Joinder of claims
CR 18.01 Independent or alternative claims
CR 18.02 Dependent claims

CR 19 Joinder of persons needed for just adjudication
CR 19.01 Persons to be joined if feasible
CR 19.02 Determination by court whenever joinder not feasible
CR 19.03 Pleading reasons for nonjoinder
CR 19.04 Exception of class actions

CR 20 Permissive joinder of parties
CR 20.01 Permissive joinder
CR 20.02 Separate trials

CR 21 Misjoinder and nonjoinder of parties

CR 22 Interpleader

CR 23 Class actions
CR 23.01 Prerequisites to class action
CR 23.02 Class actions maintainable
CR 23.03 Determination by order whether class action to be maintained; notice; judgment; actions conducted partially as class actions
CR 23.04 Orders in conduct of actions
CR 23.05 Dismissal or compromise

CR 24 Intervention
CR 24.01 Intervention of right
CR 24.02 Permissive intervention
CR 24.03 Procedure

CR 25 Substitution of parties
CR 25.01 Death
CR 25.02 Incompetency
CR 25.03 Transfer of interest
CR 25.04 Public officers; death or separation from office

V DEPOSITIONS AND DISCOVERY
CR 26 General provisions governing discovery
CR 26.01 Discovery methods
CR 26.02 Scope of discovery
CR 26.03 Protective orders
CR 26.04 Sequence and timing of discovery
CR 26.05 Supplementation of responses
CR 26.06 Effect of taking deposition or questioning deponent

CR 27 Depositions before action or pending appeal
CR 27.01 Before action
CR 27.02 Pending appeal
CR 27.03 Perpetuation by action

CR 28 Persons before whom depositions may be taken
CR 28.01 Within the state
CR 28.02 Without the state
CR 28.03 Depositions to be used in other states

CR 29 Stipulations regarding discovery procedure

CR 30 Depositions upon oral examination
CR 30.01 When depositions may be taken
CR 30.02 Notice of examination: general requirements; special notice; nonstenographic recording; production of documents and things; deposition or organization
CR 30.03 Examination and cross-examination; record of examination; oath; objections
CR 30.04 Motion to terminate or limit examination
CR 30.05 Submission to witness; changes; signing
CR 30.06 Certification and filing by officer; copies; exhibits
CR 30.07 Failure to attend or to serve subpoena; expenses

CR 31 Depositions upon written questions
CR 31.01 Serving questions; notice
CR 31.02 Officer to take responses and prepare record
CR 31.03 Orders for the protection of parties and deponents - Deleted

CR 32 Use of depositions in court proceedings
CR 32.01 Use of depositions
CR 32.02 Objections to admissibility
CR 32.03 Effect of taking or using depositions
CR 32.04 Effect of errors and irregularities

CR 33 Interrogatories to parties
CR 33.01 Availability; procedures for use
CR 33.02 Scope; use at trial
CR 33.03 Option to produce business records

CR 34 Production of documents and things and entry upon land for inspection and other purposes
CR 34.01 Scope
CR 34.02 Procedure
CR 34.03 Persons not parties

CR 35 Physical and mental examination of persons
CR 35.01 Order for examination
CR 35.02 Report of examining physician or health care expert

CR 36 Requests for admission
CR 36.01 Request for admission
CR 36.02 Effect of admission

CR 37 Failure to make discovery; sanctions
CR 37.01 Motion for order compelling discovery
CR 37.02 Failure to comply with order
CR 37.03 Expenses on failure to admit
CR 37.04 Failure of party to attend at own deposition or serve answers to interrogatories or respond to request for inspection
CR 37.05 Expenses against the Commonwealth
CR 37.06 Expenses against the Commonwealth - Renumbered

VI TRIALS
CR 38 Jury trials of right
CR 38.01 Right preserved
CR 38.02 Demand
CR 38.03 Same; specification of issues
CR 38.04 Waiver

CR 39 Trial by jury or by the court
CR 39.01 By jury
CR 39.02 By the court
CR 39.03 Advisory jury and trial by consent

CR 40 Assignment of cases for trial

CR 41 Dismissal of actions
CR 41.01 Voluntary dismissal; effect thereof
CR 41.02 Involuntary dismissal; effect thereof
CR 41.03 Dismissal of counterclaim, cross-claim, or third-party claim
CR 41.04 Costs of previously dismissed action

CR 42 Consolidation; separate trials
CR 42.01 Consolidation
CR 42.02 Separate trials

CR 43 Trial procedure and the introduction of evidence
CR 43.01 Burden of proof
CR 43.02 Order of proceeding in trial
CR 43.03 Postponement of trial; motion and affidavit
CR 43.04 Form of evidence; trial by deposition
CR 43.05 Scope of examination and cross-examination; leading questions
CR 43.06 Same; examination of adverse party
CR 43.07 Impeachment of witnesses
CR 43.08 Same; prior contradictory statements
CR 43.09 Separation of witnesses
CR 43.10 Avowals
CR 43.11 Affirmation in lieu of oath
CR 43.12 Evidence on motions
CR 43.13 Affidavits; definition and content

CR 44 Proof of official record
CR 44.01 Authentication of copy
CR 44.02 Proof of lack of record
CR 44.03 Other proof

CR 45 Subpoena
CR 45.01 For attendance of witnesses; form; issuance
CR 45.02 For production of documentary evidence
CR 45.03 Service; Notice
CR 45.04 Protection of a person subject to a subpoena
CR 45.05 Subpoena for a hearing or trial; personal attendance
CR 45.06 Contempt

CR 46 Exceptions unnecessary

CR 47 Jurors
CR 47.01 Examination of jurors
CR 47.02 Alternate jurors
CR 47.03 Peremptory challenges

CR 48 Juries of less than twelve; majority verdict

CR 49 Special verdicts and interrogatories
CR 49.01 Special verdicts
CR 49.02 General verdict accompanied by answer to interrogatories

CR 50 Motion for a directed verdict and for judgment notwithstanding the verdict
CR 50.01 Motion for directed verdict
CR 50.02 Motion for judgment notwithstanding the verdict; alternative motion for new trial
CR 50.03 Conditional rulings on grant or denial of motion for judgment notwithstanding the verdict
CR 50.04 Judgment notwithstanding verdict; assessment of damages

CR 51 Instructions to jury; objections

CR 52 Findings of the court
CR 52.01 When required; effect
CR 52.02 Amendment
CR 52.03 Sufficiency of evidence to support findings
CR 52.04 Failure to make finding on essential issue of fact; necessity for request

CR 53 Commissioners of circuit courts
CR 53.01 Appointments; deputies
CR 53.02 Judicial sales; settlements; receiverships; qualifications of commissioner
CR 53.03 Domestic relations commissioners
CR 53.04 Powers
CR 53.05 Proceedings
CR 53.06 Report
CR 53.07 Compensation
CR 53.08 Limit on compensation
CR 53.09 Accounting

VII JUDGMENT
CR 54 Judgments; costs
CR 54.01 Definition and construction
CR 54.02 Judgment upon multiple claims or involving multiple parties
CR 54.03 Demand for judgment
CR 54.04 Costs

CR 55 Default
CR 55.01 Judgment
CR 55.02 Setting aside default
CR 55.03 Plaintiffs, counterclaimants, cross-claimants
CR 55.04 Judgment against the Commonwealth or the United States

CR 56 Summary judgment
CR 56.01 For claimant
CR 56.02 For defending party
CR 56.03 Motion and proceedings thereon
CR 56.04 Case not fully adjudicated on motion
CR 56.05 Form of affidavits; further testimony
CR 56.06 When affidavits are unavailable
CR 56.07 Affidavits made in bad faith

CR 57 Declaratory judgments

CR 58 Signing and entry of judgments and orders in trial courts

CR 59 New trials; amendment of judgments
CR 59.01 Grounds
CR 59.02 Time for motion
CR 59.03 Time for serving affidavits
CR 59.04 On initiative of court
CR 59.05 Motion to alter, amend or vacate a judgment
CR 59.06 Preservation of error
CR 59.07 Proceedings in lieu of new trial

CR 60 Relief from judgment or order
CR 60.01 Clerical mistakes
CR 60.02 Mistake; inadvertence; excusable neglect; newly discovered evidence; fraud, etc.
CR 60.03 Independent actions
CR 60.04 When appeal pending
CR 60.05 Writs abolished

CR 61 Errors; harmless; substantial
CR 61.01 Harmless error
CR 61.02 Substantial error

CR 62 Stay of proceedings to enforce a judgment
CR 62.01 Motions after verdict or judgment
CR 62.02 Pending appeal of injunction judgments
CR 62.03 Pending appeal of judgment other than injunction judgment
CR 62.04 Stay of judgment upon multiple claims

CR 63 Disability of a judge

VIII PROVISIONAL AND FINAL REMEDIES AND SPECIAL PROCEEDINGS
CR 64 Seizure of person or property

CR 65 Injunctions
CR 65.01 Injunctive relief
CR 65.02 Requisites of restraining order or injunction; parties bound
CR 65.03 Restraining order
CR 65.04 Temporary injunction
CR 65.05 Restraining order and injunction bond
CR 65.06 Enforcement of restraining orders and injunctions
CR 65.07 Interlocutory relief in Court of Appeals prior to final judgment
CR 65.08 Interlocutory relief pending appeal from final judgment
CR 65.09 Interlocutory relief in Supreme Court

CR 66 Receivers

CR 67 Deposit in court
CR 67.01 In an action
CR 67.02 Court may order deposit or seizure of property
CR 67.03 Money paid into court

CR 68 Offer of judgment

CR 69 Provisional remedies and enforcement of judgments
CR 69.01 Service upon defendants in respect to proceedings for attachment or writ of possession
CR 69.02 Post-judgment garnishment; service; answer; disposition of funds
CR 69.03 Execution

CR 70 Judgment for specific acts

CR 71 Process in behalf of and against persons not parties

IX APPEALS
CR 72 Appeals from district courts
CR 72.01 Scope of rule
CR 72.02 When and how taken
CR 72.04 Record on appeal from district court
CR 72.06 Perfecting appeals and cross-appeals from district court
CR 72.08 Time in which appeal from district court must be perfected
CR 72.10 Statement of appeal from district court
CR 72.12 Appellee’s counterstatement
CR 72.13 Costs

CR 73 All appeals
CR 73.01 General provisions
CR 73.02 When and how taken
CR 73.03 Notice of appeal
CR 73.04 Supersedeas bond
CR 73.05 Bond on appeal - Repealed
CR 73.06 Failure to file or insufficiency of supersedeas bond
CR 73.07 Judgment against surety
CR 73.08 Certification of record on appeal

CR 74 Cross-appeals - Deleted
CR 74.01 Cross-appeals
CR 74.02 Transfer of appeal from Court of Appeals to Supreme Court

CR 75 Record on appeal
CR 75.01 Procedures for designation of evidence or proceedings reported by a court reporter
CR 75.02 Transcript of evidence and proceedings
CR 75.03 Form of testimony
CR 75.04 Statement of points - Repealed
CR 75.05 Record to be abbreviated
CR 75.06 Stipulation as to record
CR 75.07 Record to be prepared and transmitted by clerk
CR 75.08 Power of court to correct or modify record
CR 75.09 Orders as to original papers - Repealed
CR 75.10 Record for preliminary hearing in an appellate court
CR 75.11 Several appeals
CR 75.12 Appeals in forrna pauperis - Deleted
CR 75.13 Narrative statement
CR 75.14 Bystanders bill
CR 75.15 Record on appeal; agreed statement

CR 76 Practice and procedure in Court of Appeals and Supreme Court
CR 76.01 Scope of rule
CR 76.02 Perfecting appeals and cross-appeals
CR 76.03 Prehearing conference
CR 76.04 Time in which appeals and cross-appeals must be perfected
CR 76.05 Special Appeals of the Court of Appeals - Deleted
CR 76.06 Statement of appeal - Deleted
CR 76.08 Statement of cross-appeal - Deleted
CR 76.10 Record of previous appeal - Deleted
CR 76.12 Briefs
CR 76.14 Prehearing conference - Deleted
CR 76.15 Special appeals of the Court of Appeals - Deleted
CR 76.16 Oral arguments
CR 76.18 Transfer of appeal from Court of Appeals to Supreme Court - Deleted
CR 76.20 Motion for discretionary review
CR 76.21 Cross motion for discretionary review
CR 76.22 Motion to advance
CR 76.24 Substitution of parties
CR 76.25 Review of Workers’ Compensation Board decisions
CR 76.26 Submission of appeals
CR 76.28 Opinions
CR 76.30 Effective date of opinions
CR 76.32 Petitions for rehearing
CR 76.33 Intermediate relief in appellate court
CR 76.34 Motions
CR 76.36 Original proceedings in appellate court
CR 76.37 Certification of question of law
CR 76.38 Effective date and reconsideration of orders
CR 76.40 Time
CR 76.42 Costs
CR 76.43 Number of documents required for docketing
CR 76.44 Stay pending review by United States Supreme Court
CR 76.46 Preservation and disposition of records

X COURTS AND CLERKS
CR 77 Courts and clerks
CR 77.01 Courts always open
CR 77.02 Trials and hearings; orders in chambers; review of trial dockets
CR 77.03 Clerk’s office and orders by clerk
CR 77.04 Notice of entry of judgments and orders

CR 78 Motion days; submission of motions

CR 79 Books and records to be kept by clerks of courts
CR 79.01 Dockets
CR 79.02 Entry of satisfaction of judgment
CR 79.03 Indices and calendars
CR 79.04 Other records
CR 79.05 Original record; removal and transfer
CR 79.06 Clerks of the Court of Appeals and Supreme Court

CR 80 Stenographic report or transcript as evidence

XI GENERAL APPLICATION OF THESE RULES
CR 81 Relief heretofore available by common law writs
CR 81A Exemption of governmental units from giving bond
CR 82 Jurisdiction and venue unaffected
CR 83 Local rules - Abolished
CR 84 Forms

CR 85 Title
CR 85 Title – Repealed

CR 86 Effective date

CR 87 Amendment of rules

XII SPECIAL RULES OF THE CIRCUIT COURT FOR THE ECONOMICAL LITIGATION DOCKET
CR 88 Scope of rules relating to the economical litigation docket

CR 89 Economical litigation docket

CR 90 Discovery and status conference

CR 91 Telephone conferences

CR 92 Motions; enlargement of time; summary judgment

CR 93 Discovery
CR 93.01 Depositions
CR 93.02 Interrogatories
CR 93.03 Production of documents and things and entry upon land for inspection and other purposes
CR 93.04 Exchange of information

CR 94 Certificate of compliance

CR 95 Pretrial conference

CR 96 Sanctions

CR 97 Presence of counsel

CR 98 Procedures for using videotape equipment to record court proceedings
CR 98 Procedures for videotaped court proceedings and appeals

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