Title XXXVII, Special Proceedings

Parties to a question which might be the subject of a civil action may, without action, state the question and the facts upon which it depends, and present a submission thereof to any court which would have jurisdiction if an action had been brought. But it must appear by affidav…

The case, the submission and the judgment shall constitute the record.

The judgment shall be with costs, and may be enforced, and shall be subject to reversal, in the same manner as if it had been rendered in an action, unless otherwise provided in the submission.

In any action in a court of record of this Commonwealth having general jurisdiction wherein it is made to appear that an actual controversy exists, the plaintiff may ask for a declaration of rights, either alone or with other relief; and the court may make a binding declaration o…

exclusive. Any person interested under a deed, will or other instrument of writing, or in a contract, written or parol; or whose rights are affected by statute, municipal ordinance, or other government regulation; or who is concerned with any title to property, office, status or …

Any action in which a declaration of rights or determination of questions of construction is the relief asked, may be docketed for early hearing as in the case of a motion.

Further relief, based on a declaratory judgment, order or decree, may be granted whenever necessary or proper. The application therefor shall be by petition to a court having jurisdiction to grant the relief, either in the same proceeding wherein the declaratory judgment, order o…

Any party aggrieved by a declaratory judgment, order or decree, rendered in the Circuit Court, may take and perfect an appeal to the Court of Appeals in the manner provided in the Rules of Civil Procedure for appeals.

case by appellate court. The court may refuse to exercise the power to declare rights, duties or other legal relations in any case where a decision under it would not terminate the uncertainty or controversy which gave rise to the action, or in any case where the declaration or c…

The parties to a proceeding to obtain a declaratory judgment, order or decree, may stipulate with reference to the allowance of costs and in the absence of such stipulation the court may make such award of costs as may seem equitable and just.

-- Notice to Legislative Research Commission -- Consent to suit required for certain actions involving legislative branch. When declaratory relief is sought, all persons shall be made parties who have or claim any interest which would be affected by the declaration, and no declar…

KRS 418.040 to 418.090 is declared to be remedial; their purpose is to make courts more serviceable to the people by way of settling controversies, and affording relief from uncertainty and insecurity with respect to rights, duties and relations, and are to be liberally interpret…

The word "person" wherever used in KRS 418.040 to 418.090, shall be construed to mean any person, partnership, joint stock company, incorporated association, or society, or municipal or other corporation of any character whatsoever.

All statutes, or laws in conflict or inconsistent with the provisions of KRS 418.040 to 418.090, are hereby repealed. It is intended that KRS 418.040 to 418.090 shall be valid to the fullest extent possible; and that the invalidity, if any, of any part or feature thereof, shall n…

The writ of habeas corpus shall be issued upon petition on behalf of anyone showing by affidavit probable cause that he is being detained without lawful authority or is being imprisoned when by law he is entitled to bail. The writ may be issued by any Circuit Judge on any day at …

The writ must be signed by the judge issuing it and command the person having custody of or restraining the person in whose behalf it is issued to bring him personally before the Circuit Judge of the county in which the person is being detained at the time therein specified. The …

The judge granting the writ may require bond conditioned that the person detained shall not escape by the way, and for the payment of costs. The bond shall be filed with the record of the proceedings, and shall be sued on by the Commonwealth for the benefit of anyone injured by t…

When the person on whose behalf the writ is granted is not in the custody of a public officer, the judge issuing it, for good cause shown, may direct the person serving it to take the person detained into his custody and produce him on the return of the writ.

(1) Service shall be made by delivering a copy of the writ personally to the person to be served, or if acceptance is refused, by offering personal delivery to such person. (2) If the person to be served is absent from the place of detention, service shall be made by delivering a…

(1) The person commanded by the writ may file a response in which he shall state whether he has the party in his custody, or under his power of restraint. (2) If he has the party in his custody or under his power of restraint, he shall state the authority for and cause of such cu…

The person commanded by the writ shall bring the detained person according to the command of the writ unless it is made to appear by affidavit that because of sickness or infirmity such person cannot be brought before the judge without danger to his health. If the judge is satisf…

If the person commanded by the writ refuses to obey, he shall be adjudged in contempt of court.

Evidence may be produced and compelled as in civil actions. Depositions taken in accordance with the provisions of the Rules of Civil Procedure may be read as evidence at the hearing on the writ.

(1) The hearing on the writ shall be summary in nature. (2) The judgment shall fix the costs of the proceeding, including the charge for transportation of the prisoner or party detained. (3) Where the person detained is a party to a prosecution pending in another court, a copy of…

If the evidence at the hearing shows probable cause that the detained person is guilty of an offense that is within the exclusive jurisdiction of another court, or that was committed in another county, the court shall order that he be taken immediately before the court having jur…

(1) Any party to a hearing on a writ may appeal to the Court of Appeals by filing with the clerk of the court, within thirty (30) days after the entry of the judgment, the original record and a transcript of the evidence, together with a notice of appeal, which notice shall be se…