Title XLII, Miscellaneous Practice Provisions

Certification of service on Attorney General -- Notice -- Legislative intent -- Requirement of consent to be named as party -- Legislative immunity or privilege. (See LRC Note below) (1) Except as provided in KRS 5.005 and 286.12-135, and notwithstanding any other statute to the …

(1) The parties to any civil action in a Circuit Court may, by consent, have an order in or out of court for its removal to any other Circuit Court. (2) A party to any civil action triable by a jury in a Circuit Court may have a change of venue when it appears that, because of th…

Before an order for a change of venue is made, ten (10) days' notice shall be given to the adverse party. The notice shall be served and filed as provided in the Rules of Civil Procedure.

(1) Application for a change of venue under KRS 452.010(2) shall be made by verified motion of the party seeking a change to the court, in which the reasons and grounds for the change shall be stated. On any motion for change of venue made under this subsection the court shall ha…

Not more than one (1) change of venue or application for a change of venue shall be allowed to any party in the same civil action.

A change of venue shall be made to the Circuit Court of a county, in an adjacent judicial circuit, most convenient to the parties, their witnesses, and their attorneys, and to which there is no valid objection. The order of change of venue may be made subject to any equitable ter…

Immediately on the making or receipt of the order, the circuit clerk shall make out a transcript of the orders pertaining to the case, which, together with the original papers, he shall, as soon as practicable, carry or send by some discreet person to the clerk of the court to wh…

The order of change of venue shall be void unless within ten (10) days the party obtaining the order pays to the clerk ten cents ($0.10) a mile for the expense of travel, going and returning, in making the removal.

Upon receipt of the paper the receiving clerk shall note the action of record, and the action shall proceed as if the last pleading, motion or order was made on the date of such notation.

The court to which the action is removed shall have the same power as to its trial and final disposition as the court from which it was removed, including consideration of forum non conveniens, disqualification of judges, and other matters of its jurisdiction.

In civil actions, when the judge of the court in which the case was filed determines that the court lacks venue to try the case due to an improper venue, the judge, upon motion of a party, shall transfer the case to the court with the proper venue.

KRS 452.010 to 452.090 apply only to civil actions in Circuit and District Courts.

When a criminal or penal action is pending in any Circuit Court, the judge thereof shall, upon the application of the defendant or of the state, order the trial to be held in some adjacent county to which there is no valid objection, if it appears that the defendant or the state …

(1) If the application for change of venue is made by the state, a petition stating the reasons therefor and signed by the Commonwealth's attorney shall be filed in court. Reasonable notice of the time when the application will be made shall be given in writing to the defendant o…

(1) Whenever any Circuit Judge is satisfied from his own knowledge and from the written statement of the Commonwealth's attorney of that judicial circuit that such a state of lawlessness exists in any county of his judicial circuit or that such a high state of excitement or feeli…

Not more than one (1) change of venue or application for a change of venue shall be allowed to any person or to the state in the same criminal or penal action.

(1) When a criminal or penal action is removed, the circuit clerk shall immediately transmit the original papers, together with a transcript of the orders pertaining to the action, to the clerk of the court to which the removal is ordered, after first making out and retaining a c…

If the defendant is in custody, the order for the change of venue shall be accompanied by an order for his removal by the sheriff or jailer of the county in which he is held, with such sufficient guard as the court directs, and for his delivery to the jailer of the county where t…

The court shall also take recognizances of the witnesses for their appearance at the proper court, and make such order as it considers necessary to a speedy and impartial trial upon the merits of the case.

The court to which the action is removed shall have the same jurisdiction to dispose of the case as the court from which it was removed. If the indictment is quashed or a nolle prosequi entered, a new indictment may be found, from time to time, by a grand jury of the county to wh…

Whenever the judge of any Circuit Court in which an indictment charging the defendant with a felony is pending by change of venue under KRS 452.230 is satisfied from personal knowledge or from reliable information furnished in court by affidavit or oral testimony that a state of …

A retransfer as provided in KRS 452.290 may be made upon motion of the Attorney General or of the Commonwealth's attorney of the judicial circuit in which the indictment is pending, upon ten (10) days' notice in writing to the defendant in the indictment unless notice is waived i…

In the case of a retransfer under KRS 452.290, the circuit clerk shall immediately transmit the original papers, together with a transcript of the record pertaining thereto to the clerk of the court to which the retransfer is made, after making out and retaining in his office a c…

If the defendant is in custody at the time the retransfer under KRS 452.290 is ordered, the court shall order his removal by the sheriff or jailer of the county, with such sufficient guards as the court directs, and his delivery to the jailer of the county to which the retransfer…

The court ordering the retransfer under KRS 452.290 shall also take the recognizance of all witnesses for their appearance at the proper court, and make such other orders as it considers necessary to secure a speedy and impartial trial upon the merits of the case.

KRS 452.210 to 452.330 apply to criminal or penal actions in Circuit and District Courts.

situated. Actions must be brought in the county in which the subject of the action, or some part thereof, is situated: (1) For the recovery of real property, or of an estate or interest therein; (2) For the partition of real property except as is provided in KRS 452.420; (3) For …

official bond must be brought. Except as otherwise provided by statute, actions shall be brought in the county where the cause of action, or some part thereof, arose: (1) For the recovery of a fine, penalty, or forfeiture, imposed by a statute; but if the offense for which the cl…

A proceeding to establish, or an action to set aside, a will must be brought in the county in which the will, if valid, ought, according to law, to be recorded.

be brought. Any action to settle the estate of a deceased person, of a person, corporation or company assigned for the benefit of creditors, or any estate in the hands of a receiver of court must be brought in the county in which the personal representative, assignee or receiver …

brought. An action for the distribution of the estate of a deceased person, or for its partition among his heirs, or for the sale, for payment of his debts, of property descended from or devised by him, must be brought in the county in which his personal representative was qualif…

An action by a ward against his guardian for a settlement of his accounts, for additional security, or for his removal, must be brought in the county in which the guardian was qualified.

An action against the Kentucky Board of Education, of this state, must be brought in the county that includes the seat of government.

An action, not mentioned in KRS 452.400 to 452.425, both inclusive, nor in KRS 452.440, against a prisoner in this state, or a person confined in an asylum for persons of unsound mind in this state, must be brought in the county, if known, in which he resided, or claimed his resi…

An action upon a return of no property found, pursuant to subsection (1) of KRS 426.381, must be brought in the county in which the judgment is rendered, or in which the defendant resides or is summoned.

Excepting the actions mentioned in sections KRS 452.400 to 452.420 both inclusive, and in KRS 452.440 and KRS 452.465, an action against an incorporated bank or insurance company may be brought in the county in which its principal office or place of business is situated; or, if i…

Excepting the actions mentioned in KRS 452.400 to 452.420 both inclusive, and in KRS 452.430, 452.440, 452.445, 452.455, 452.465 and 452.475, an action against a corporation which has an office or place of business in this state, or a chief officer or agent residing in this state…

brought. (1) Venue in a civil action against a tobacco grower for damages alleged as a result of use or consumption of tobacco products that may have been grown by that tobacco grower shall lie only in the county of residence of the tobacco grower. (2) Venue in a civil action aga…

for tort must be brought. Excepting the actions mentioned in KRS 452.465, an action against a common carrier, whether a corporation or not, upon a contract to carry property, must be brought in the county in which the defendant, or either of several defendants, resides; or in whi…

(1) Every other action for an injury to the person or property of the plaintiff, and every action for an injury to the character of the plaintiff, against a defendant residing in this state, must be brought in the county in which the defendant resides, or in which the injury is d…

Excepting the actions mentioned in KRS 452.400 to 452.425, both inclusive, and in KRS 452.440 and KRS 452.470, an action against a defendant who may be proceeded against by a warning order, must be brought in a county in which the defendant resides at the commencement of the acti…

An action for maintenance or dissolution must be brought in the county where the husband or wife usually resides.

Excepting the actions mentioned in KRS 452.465, an action against a contractor who undertakes to construct, in whole or in part, any turnpike, bridge, railway, lock, dam, or other public work, for labor done, or materials or supplies furnished, for the construction or promotion o…

An action which is not required by the foregoing provisions of KRS 452.400 to 452.475 to be brought in some other county may be brought in any county in which the defendant, or in which one (1) of several defendants, who may be properly joined as such in the action, resides or is…

defendant. In action brought pursuant to KRS 452.480, against a single defendant, there shall be no judgment against him, unless he be summoned in the county wherein the action is brought; or, unless he reside in such county when the action is brought and be summoned elsewhere in…

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,…