| KENTUCKY
RULES OF CIVIL PROCEDURE |
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Rule 4. Process.
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Rule 4.01. Summons
- Issuance - By whom served.
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| (1) |
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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: |
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(a) |
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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 |
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(b) |
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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) |
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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. |
| Rule 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. |
| Rule 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. |
| Rule 4.04. Personal
service - Summons and initiating document. |
| (1) |
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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) |
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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 an individual.
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| (3) |
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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) |
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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) |
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Service shall be made upon a corporation by serving an officer or managing
agent thereof, or the chief agent in the country wherein the action is brought,
or any other agent authorized by appointment or by law to receive service
on its behalf. |
| (6) |
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Service shall be made upon the Commonwealth
or any agency thereof by serving the Attorney-General or any assistant attorney-general.
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| (7) |
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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) |
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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) |
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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.
Case Note:
A company is not required by law to admit into its plant or shop a constable,
deputy sheriff or any official qualified under the law to serve civil process
for the purpose of serving civil process on an employee, and furthermore,
if such official stays after a request to leave, he or she could be trespassing,
nor does it make a difference if the summons is in connection with a civil
or divorce action. Opinion of the Attorney General 79-123. |
Rule 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. |
Rule 45.01.
For attendance of witnesses - Form - Issuance.
Every subpoena shall be issued by the clerk or other authorized officer,
shall state the name of the court and the title of the action, and shall
command each person to whom it is directed to attend and give testimony
at the time and place and for the party therein specified. The clerk or
other authorized officer shall issue a subpoena, or a subpoena for the production
of documentary or other tangible evidence, signed but otherwise in blank,
to a party requesting it, who shall fill it in before service. Subpoenas
shall not be used for any purpose except to command the attendance of the
witness and production of documentary or other tangible evidence at a deposition,
hearing or trial. Upon order of the Court, with the agreement of the parties,
documents may be produced without a deposition. (Amended October 1, 1991,
effective November 15, 1991.) |
Rule 45.02.
For production of documentary evidence.
A subpoena may also command the person to whom it is directed to produce
the books, papers, documents or tangible things designated therein; but
the court, upon motion made promptly and in any event at or before the time
specified in the subpoena for compliance therewith, may (a) quash or modify
the subpoena if it is unreasonable and oppressive or (b) condition denial
of the motion upon the advancement by the person in whose behalf the subpoena
is issued of the reasonable cost of producing the books, papers, documents,
or tangible things.
(Amended October 18, 1977, effective January 1, 1978.) |
| Rule 45.03.
Service [of subpoena]. |
| (1) |
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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. |
| (2) |
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Copies of all documents received in response
to the subpoena (or in lieu of proceedings thereunder) shall be forthwith
furnished to all other parties to the action except on motion and for good
cause shown. Any other tangible evidence received in response to the subpoena
(or in lieu of proceedings thereunder) shall be forthwith made available
for inspection by all other parties to the action.
(Amended October 1, 1991, effective November 15, 1991.) |