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Kentucky
Process Serving Laws
(Rules of Civil Procedure in the
United States)
Quick Answers:
Who can be a process server in
Kentucky?
Any adult over the age of eighteen
(18) years old, that is not a party
to the case, or a member of a
corporation or organization that is
a party, may serve (deliver) the
papers.
Does Kentucky require process
servers to be licensed?
No.
Are there any day or time restrictions to
service of process in Kentucky?
No.
Kentucky Rules of Civil Procedure
are from
CivilProcedure.info
Federal Rules of Civil Procedure
site
Because the laws of process service
may change from time to time, please
check the
Kentucky Courts website for
updated rules of civil procedure in
Kentucky.
Rules of Civil
Procedure in Kentucky:
From Rule 4.
Process.
Rule 4.01.
Summons - Issuance - By whom served.
- 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:
- 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
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- Service shall be made upon
the Commonwealth or any agency
thereof by serving the
Attorney-General or any
assistant attorney-general.
- 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.
- 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.
- 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].
- 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.
- 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.)
Search-For-Servers.com does not warrant the accuracy of these laws. The laws
listed on Search-For-Servers.com are
only a starting point for reference,
and are not meant to be legal advice or a replacement for legal console. Please consult a process
server in your area, county, or
state if you have any questions
about process service there.
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