Title XLII, Miscellaneous Practice Provisions

defendants -- Bankruptcy. In an action brought pursuant to KRS 452.480, against several defendants, no judgment shall be rendered against any of them, upon the service of a summons out of the county in which the action is brought, if no one (1) of them be summoned in that county,…

In an action brought pursuant to KRS 452.480, a defendant who is summoned out of the county in which it is brought, and who did not reside therein when the action was begun, can not be summoned in that or any other action of the plaintiff whilst visiting such county for the sole …

If, after the commencement of an action in the county of the defendant's residence, he move therefrom, the service of a summons upon him in any other county shall have the same effect as if it had been made in the county from which he moved.

The following actions may be brought in the Franklin Circuit Court, or in the Franklin District Court, or in any other Circuit Court or District Court having venue: (1) Actions to collect the revenue and all other claims, demands and penalties due the Commonwealth, or to have sat…

Unless otherwise provided by law, the venue of criminal prosecutions and penal actions is in the county or city in which the offense was committed.

Where any part of a river, watercourse, highway, road or street constitutes the boundary line between two (2) counties, the venue is in both counties for the prosecution of crimes committed over the whole extent of such part of the river, watercourse, highway, road, street or any…

The venue of prosecutions for crimes committed on the Mississippi, Ohio, Big Sandy or Tennessee Rivers is in any of the counties bordering on the same river.

Where a person in one county commits an offense in another county the trial may be in either county.

Where an offense is committed partly in one and partly in another county, or if acts and their effects constituting an offense occur in different counties, the prosecution may be in either county in which any of such acts occurs.

Where an injury is inflicted or poison is administered in one county and death ensues in another, the trial for the homicide may be in either county.

Where a person in one county aids, abets or procures the commission of an offense in another county he may be tried for the offense in either county.

Where a person obtains property by larceny, robbery, false pretenses or embezzlement in one county and brings the property so obtained into or through any other county, he may be tried in the county in which he obtains the property or in any other county into or through which he …

Where the offense consists of transporting any property into the Commonwealth, the venue of the prosecution is in the county into or through which the property has been transported.

Where the offense consists of kidnapping, seizing or confining a person without lawful authority, the prosecution may be in any county in which the person is seized or confined or through or into which he has been carried or brought.

Prosecutions against persons publishing a newspaper for any libelous matter contained therein may be in the county where the same is printed and issued, or in the county where the party complaining resides.

When there is a reasonable doubt as to whether the offense was committed in the county in which an indictment has been returned or in some other county, the venue of the prosecution is in the county in which the indictment was returned.

Where the venue of a prosecution is in two (2) or more counties, the prosecution shall proceed in the county in which the process for the arrest of the defendant is first issued, unless an indictment for the offense is pending in another county.

The venue of the prosecution may be waived by the defendant and the failure to make a timely motion to transfer the prosecution to the proper county shall be deemed a waiver of the venue of the prosecution.

The provisions of this chapter shall apply to venue and change of venue in civil, criminal, and penal actions in District Courts, except that, for change of venue, an action shall be transferred to a District Court of another county and not to a Circuit Court.

No judgment for costs shall be rendered against the Commonwealth in any action prosecuted by or against the Commonwealth in its own right, unless specifically provided by statute; provided, however, that in any civil action filed in any court of competent jurisdiction by or again…

(1) The defendant in a criminal action shall be adjudged to pay the cost of all continuances in his behalf. The cost of such continuances shall be collected by process as in civil cases. (2) If the defendant is convicted of a misdemeanor, all costs unpaid may be collected in the …

(1) Except as provided by subsection (2): (a) The successful party in any action shall recover his costs, unless otherwise provided by law. If the plaintiff succeeds against part of the defendants, and not against others, he shall recover his costs from the former, and the latter…

Clerks shall tax one (1) attorney's fee only in the bill of costs of the successful party at the termination of the action, but no attorney's fee shall be taxed in any court if the amount in controversy, exclusive of interest and costs, does not exceed fifty dollars ($50), and no…

(1) If the successful party is represented by a licensed attorney, the following attorney's fees shall be allowed: (a) In the Court of Appeals, .......................................................................... $10.00 (b) In the Circuit Court, ............................…

(1) If a party to a civil action obtains a continuance, or files an amendment that causes a continuance, he shall pay the costs occasioned thereby. (2) If an action is dismissed for want of jurisdiction, the party in error shall pay the costs. (3) If a party obtains further time …

A motion or rule of court shall be considered an action, but when it is made in a pending suit or action, no attorney's fee shall be recovered as part of the costs of the motion or rule.

When, by any procedure, an action is taken from one tribunal to another, and the latter gives final judgment, and proceeds to execute it without remanding the cause to the inferior tribunal, the tribunal rendering the final decision shall adjudge costs according to the provisions…

The party to whom a new trial is granted upon payment of costs shall, within forty (40) days thereafter, pay the costs of the former trial. If he fails to pay the costs within that time, the court may, upon motion made by the adverse party within ten (10) days after the expiratio…

If an injunction is dissolved, the plaintiff shall pay the costs occasioned by it, unless the court otherwise orders.

Any person who takes steps in any court to remove any officer from office, and fails in so doing, shall pay the officer his costs expended in the defense of the procedure. If the officer is removed, the person instituting and carrying on the procedure shall be adjudged his costs …

A personal representative, guardian, assignee, curator, conservator or trustee in an action shall, if unsuccessful, be adjudged to pay costs as other litigants, but the judgment for costs in such cases shall only be against the assets that have, or may, come into the hands of the…

A next friend or relator on a bond shall, upon failure in the action, be adjudged to pay the defendant his costs. If the plaintiff succeeds, the next friend or relator shall be adjudged his costs against the defendant.

If a party, before an appeal is taken, tenders to the adverse party the amount he is willing to pay and the tender is refused and, upon appeal by the party to whom the tender was made the amount recovered does not exceed the amount tendered, the appellant shall pay the costs in t…

On a reversal of a judgment in the Court of Appeals or Supreme Court, the appellant shall recover of the appellee such costs as the Court of Appeals or Supreme Court, in its discretion, awards.

Application required -- Treatment of inmates. (1) A court shall allow a poor person residing in this state to file or defend any action or appeal therein without paying costs, whereupon he shall have any counsel that the court assigns him and shall have from all officers all need…

claims of officers and witnesses. Whenever a party who recovers a judgment for the costs of the action or of a continuance, is insolvent or in doubtful circumstances, the court, on motion of any person interested, shall endorse the costs so recovered, or as much thereof as necess…

If, in the settlement of insolvent estates, a party presents a claim against the estate and it is not allowed, he shall pay the cost occasioned thereby, except the attorney's fee. No attorney's fee shall be allowed any claimant in any case against an insolvent estate.

As used in KRS 453.260 and 453.265, unless the context otherwise requires: (1) "Commonwealth" means the Commonwealth of Kentucky and any board, bureau, commission, department, division, authority or other entity of the Commonwealth of Kentucky except for political subdivisions. (…

costs -- Award of attorney fees and other expenses -- Computation of fees of attorneys and expert witnesses -- Exceptions to application of provisions. (1) In addition to any costs which are awarded as prescribed by statute, a court shall award costs to any party which prevails b…

(1) The provisions of KRS 453.260 shall apply only to civil actions initiated after July 15, 1982, except in the case of a court proceeding to review an administrative review board decision, in which case the provisions of KRS 453.260 shall apply only when the administrative revi…

through negotiation and settlement. It is the policy of this Commonwealth to encourage the peaceable resolution of disputes and the early, voluntary settlement of litigation through negotiation and mediation. To the extent it is consistent with other laws, the courts and state go…

No sheriff shall execute any civil process of arrest upon any voter attending an election at which he has the right to vote, or in going to or returning from such an election. Execution by a sheriff of any such process contrary to this section is void.

If the officer directed to serve notice on the defendant in forcible entry or detainer proceedings cannot find the defendant on the premises mentioned in the writ, he may explain and leave a copy of the notice with any member of the defendant's family thereon over sixteen (16) ye…

In actions of trespass the jury may assess joint or several damages against the defendants. When the jury finds several damages, the judgment shall be in favor of the plaintiff against each defendant for the several damages, without regard to the amount of damages claimed in the …

In any civil action for slander, seduction or breach of promise of marriage, the judge shall exclude from the courtroom, and from the hearing of the testimony and arguments, all infants under the age of sixteen (16) years, except those who are witnesses in the case or kin to one …

(1) If an injunction be granted to stay proceedings upon a levy made under an execution, and the party applying for the injunction desire to discharge the levy, he shall execute a bond to the effect that he will satisfy the execution to the extent to which the injunction may be d…

The order of injunction shall not be issued by the clerk until a bond, as is required by KRS 454.060, with good surety of the party obtaining the injunction, shall have been executed in his office.

Sureties in injunction bonds shall be accepted by the clerk under the same responsibilities as in other cases of sureties accepted by him.

An injunction to stay proceedings on a judgment shall not be granted, in an action brought by the party seeking the injunction, in any other court than that in which the judgment was rendered. Nor shall such injunction be granted, unless the party applying therefor make affidavit…

Upon the dissolution, in whole or in part, of an injunction to stay proceedings upon a judgment, the damages shall be assessed by the court; which may hear the evidence and decide in a summary way, or may, at its discretion, cause a jury to be impaneled to find the damages. If th…