Title XLII, Miscellaneous Practice Provisions

Subject to the provisions of KRS 421.180, the defendant shall have no privilege of exemption from the service of the process on a holiday or Sunday, except from an arrest, by reason of his attendance at any muster, election, or order of survey, or as a witness at any court or oth…

(1) Every process in an action or proceeding shall be directed to the sheriff of the county; or, if he be a party, or be interested, to the coroner; or, if he be interested, to the jailer; or, if all these officers be interested, to any constable. (2) The summons or an order for …

The court, for good cause, may appoint a person to serve a particular process or order, and he shall have the same power to execute it which a sheriff has. His return must be verified by his affidavit. He shall be entitled to the fees allowed to sheriffs for similar services.

judgment rendered upon constructive service is modified or set aside. When the Commonwealth shall have received money under a judgment rendered upon constructive service, and the defendant did not appear, and such judgment is thereafter modified or set aside under the provisions …

The title of purchasers in good faith to any property sold under an attachment or judgment shall not be affected by a new trial allowed a defendant constructively summoned, except the title of property obtained by the plaintiff and not bought of him in good faith by others.

No lien on the property of a defendant constructively summoned shall be created otherwise than by an attachment, as is provided in KRS 425.301 to 425.316, or by judgment; nor shall any person be restrained from paying or delivering any money or property in his hands belonging or …

No personal judgment shall be rendered against a defendant constructively summoned, and who has not appeared in the action, except as provided in KRS 454.210.

An oath required by any statute derived from the former Civil Code, or by the Rules of Civil Procedure may be substituted by the affirmation of a person who is conscientiously opposed to taking an oath.

If a bond provided for by any statute derived from the former Civil Code, or by the Rules of Civil Procedure be adjudged to be defective, a new and sufficient one may be executed in such reasonable time as the court may fix, with the same effect as if originally executed.

An officer whose duty it is to take a surety in any bond provided for by any statute derived from the former Civil Code, or by the Rules of Civil Procedure may require the person offered as surety to make affidavit of his qualifications, which affidavit may be made before such of…

The surety in every bond provided for by any statute derived from the former Civil Code, or by the Rules of Civil Procedure must be a resident of this state, and be worth double the sum to be secured beyond the amount of his debts, and have property liable to execution in this st…

Unless otherwise expressly provided by law, no bond, obligation or security shall be required of the Commonwealth or any of its agencies or officers acting for or in behalf of the Commonwealth in order to prosecute any remedy in the courts of this state.

-- Venue. (1) As used in this section, "person" includes an individual, his or her executor, administrator, or other personal representative, or a corporation, partnership, association, or any other legal or commercial entity, who is a nonresident of this Commonwealth. (2) A cour…

relations matters. A court in any matrimonial action or family court proceeding involving a demand for support, alimony, maintenance, distributive awards, or special relief in matrimonial actions may exercise personal jurisdiction over the respondent or defendant notwithstanding …

As used in KRS 454.260 to 454.270, unless the context otherwise requires: (1) "Vessel" means to include all navigable structures intended for commercial or pleasure transportation or any type of boating upon any river, lake, stream or body of water in the State of Kentucky. Said …

(1) KRS 454.260 to 454.270 may be cited as the Nonresident Boating Act. (2) In enacting KRS 454.260 to 454.270, it is the intention of the General Assembly to prevent a nonresident using the waters of the State of Kentucky and as a direct and proximate result of said use, causing…

of process -- Return -- Applicability. (1) Any nonresident operator or owner of any watercraft who accepts the privilege extended by the laws of this state to nonresidents to operate watercraft or have them operated within state shall, by such acceptance and by the operation of s…

A court may exercise personal jurisdiction over a person whose marital domicile is in Kentucky, and who, for the purpose of avoiding support and maintenance of his minor children, removes himself from the jurisdiction of the court. In such cases service may be had as provided in …

(1) Depositions taken in the Commonwealth that are to be used in its courts shall be taken before: (a) A hearing examiner; (b) A judge, clerk, commissioner, or official reporter of a court; (c) A notary public; or (d) Before other persons and under other circumstances authorized …

judgment or report -- Certification of reason when delay occurs. (1) Every Circuit and District Judge shall, when at all possible, issue a written judgment or order in all civil actions which have been submitted for final adjudication within ninety (90) days from the date the act…

As used in KRS 454.405 to 454.415, "inmate" means any person confined in either a state or federally operated facility, a county jail or other facility of local government, or in a private facility under contract with the Department of Corrections.

Assessment of fines and costs. (1) At any time, and upon its own motion or on motion of a party, a court may dismiss a civil action brought by an inmate or on behalf of an inmate if satisfied that the action is malicious or harassing or if satisfied that the action is legally wit…

(1) When an inmate commences, intervenes, or becomes a party to an action or an appeal of a judgment in a civil action or proceeding without paying the fees and court costs imposed by law, the inmate shall prepare an affidavit with a certified copy of the inmate's prison account …

exhaustion of administrative remedies -- Dismissal of action and assessment of costs -- Period of limitations. (1) No action shall be brought by or on behalf of an inmate, with respect to: (a) An inmate disciplinary proceeding; (b) Challenges to a sentence calculation; (c) Challe…

As used in KRS 454.430 to 454.435: (1) "Annuity issuer" means an insurer that has issued an annuity contract to be used to fund periodic payments under a structured settlement; (2) "Payee" means an individual who is receiving tax-free damage payments under a structured settlement…

payment rights -- Express findings that are required. No transfer of structured settlement payment rights shall be effective and no structured settlement obligor or annuity issuer shall be required to make any payment directly or indirectly to any transferee of any transfer of st…

Nonwaiverability of KRS 454.430 to 454.435. (1) The Circuit Court in the county in which the original action was or could have been filed, or the county where the applicant resides, shall have jurisdiction over any application for approval of a transfer of structured settlement p…

(1) As used in KRS 452.453 and 454.455, "tobacco grower" means any person who is a resident of Kentucky engaged in the production of growing tobacco or receives proceeds from the sale of tobacco in Kentucky for consumption or use. "Tobacco grower" as used in this section includes…

Costs that may be awarded to prevailing defendant. (1) In a civil action against a tobacco grower for damages alleged to have occurred as a result of use or consumption of tobacco products, in order for liability to be found against a tobacco grower, the plaintiff shall prove by …

As used in KRS 454.460 to 454.478: (1) "Cause of action" does not include: (a) A procedural action taken or motion made in an action that does not amend or add a claim for legal, equitable, or declaratory relief; or (b) Post-judgment enforcement actions; (2) "Goods or services" d…

(1) Except as otherwise provided in subsection (2) of this section, KRS 454.460 to 454.478 applies to a cause of action asserted against a person based on the person's: (a) Communication in a legislative, executive, judicial, administrative, or other governmental proceeding; (b) …

No later than sixty (60) days after a party is served with a complaint, crossclaim, counterclaim, third-party claim, or other pleading that asserts a cause of action to which KRS 454.460 to 454.478 applies, or at a later time on a showing of good cause, the party may file a speci…

(1) Except as otherwise provided in subsections (4) to (7) of this section, on the filing of a motion under KRS 454.464: (a) All other proceedings between the moving party and responding party, including discovery and any pending hearing or motion, shall be stayed; and (b) On mot…

(1) The court shall hear a motion under KRS 454.464 no later than sixty (60) days after filing of the motion, unless the court orders a later hearing: (a) To allow limited discovery under KRS 454.466; or (b) For good cause shown. (2) If the court orders a later hearing under subs…

In ruling on a motion under KRS 454.464, the court shall consider the pleadings, the motion, any reply or response to the motion, and any evidence that could be considered in ruling on a motion for summary judgment.

(1) In ruling on a motion under KRS 454.464, the court shall dismiss with prejudice a cause of action, or part of a cause of action, if: (a) The moving party establishes under KRS 454.462(1) that KRS 454.460 to 454.478 applies; (b) The responding party fails to establish under KR…

The court shall rule on a motion under KRS 454.464 no later than sixty (60) days after a hearing under KRS 454.468.

Any party may appeal as a matter of right from an order granting or denying, in whole or in part, a motion under KRS 454.464. The appeal shall be filed in accordance with the Kentucky Rules of Civil Procedure.

On a motion under KRS 454.464, or the appeal of an order granting or denying a motion under KRS 454.464, the court shall award court costs, reasonable attorney's fees, and reasonable litigation expenses related to the motion: (1) To the moving party if the moving party prevails o…

charge -- Reimbursement of expenses. The Commonwealth's attorney may enter into an agreement with representatives of the federal government for conveyance of a federal prisoner to a Circuit Court of this state to stand trial therein on a felony charge, upon condition that such pr…

prison -- Reimbursement of expenses. When a material witness for the Commonwealth in a felony prosecution pending in a court of this state is confined under judgment of conviction in any federal penal institution, the Commonwealth's attorney may enter into an agreement with the a…

In the event of a charge for a violation of KRS 514.040 with an amount of one hundred dollars ($100) or less, a summons shall be issued prior to an arrest warrant. An arrest warrant shall not be issued until the person charged fails to respond to the summons, unless the issuing j…

The Supreme Court of Kentucky may, by rule, authorize a process allowing a search warrant to be applied for and issued electronically if the process meets the requirements of Section 10 of the Kentucky Constitution, requires the production of a paper copy of the warrant at the ti…

for issuance. No arrest warrant or search warrant shall be issued authorizing entry without notice unless: (1) The court finds by clear and convincing evidence that: (a) The crime alleged is a crime that would qualify a person, if convicted, as a violent offender under KRS 439.34…

notice. A judge shall carefully review any application for a warrant pursuant to KRS 455.180 as a neutral and detached magistrate. Failure to act as a neutral and detached magistrate may be referred to the Judicial Conduct Commission.

A warrant issued pursuant to KRS 455.180 shall be executed: (1) By law enforcement officers who: (a) Are members of a special weapons and tactics team or special response team, or another established team or unit trained and tasked with resolving high-risk situations and incident…