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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.
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served CR 4.11 Court control of property; bond CR 4.12 Exemption of Commonwealth and political subdivisions—Repealed CR 4.13 Plaintiff may be examined touching his claim CR 4.14 Counterclaim disclosed allowed CR 4.15 Unknown defendant CR 4.16 Summons; amendment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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