Kentucky Rules of Civil Procedure (2023)

Does a process server have to be licensed in Kentucky?

No. Visit ServeNow.com’s Become a Process Server page for more information.

Kentucky Process Server Requirements

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. However,civil summonses may be served by sheriffs, constables or court-appointed special bailiffs.

Kentucky Rules of Civil Procedure

Please note that lobbyists are active in the state of Kentucky and laws concerning civil procedure and process serving can change. Therefore the information listed below may have been amended. For updated process serving legislation, please visit the Kentucky Courts website.

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Rule 4. Process.

  • Rule 4.01. Summons – Issuance – By whom served
  • Rule 4.02. Summons – Form
  • Rule 4.03. Summons – Return
  • Rule 4.04. Personal service – Summons and initiating document
  • Rule 4.05. Parties who may be constructively served
  • Rule 45.01. For attendance of witnesses – Form – Issuance
  • Rule 45.02. For production of documentary evidence
  • Rule 45.03. Service [of subpoena]

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:
    1. 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
    2. 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.

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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.

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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.)

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Rule 45.03. Service [of subpoena].

(1) A subpoena may be served in any manner that a summons might be served. It may also be served by any person over eighteen years of age, and the affidavit endorsed thereon by such person shall be proof of service or the witnesses may acknowledge service in writing on the subpoena. Service of the subpoena shall be made by delivering or offering to deliver a copy thereof to the person to whom it is directed. A subpoena may be served at any place within this state. Proof of service shall be made by filing with the issuing court a statement showing the date and manner of service and the names of the persons served. The statement must be certified by the server.

(2) Copies of all documents received in response to the subpoena 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 shall be forthwith made available for inspection by all other parties to the action.

(3) Before any subpoena is served, notice of that subpoena, except those issued for trial, shall be served on each party and any person or entity whose information is being requested.

You should contact a Kentucky Process Server if you have specific questions about Process Serving in Kentucky.

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FAQs

How long does a defendant have to answer a complaint in Kentucky? ›

A defendant shall serve his/her answer within 20 days after service of the summons upon him/her. A party served with a pleading stating a cross claim against him/her shall serve an answer thereto within 20 days after the service upon him/her.

How long does a plaintiff have to serve a defendant in Kentucky? ›

Service is deemed complete 30 days after entry of the warning order attorney.

How long does a judge have to rule on a motion in Kentucky? ›

On any motions submitted to the Court for decision, the Court is to make all reasonable efforts to enter a decision on the motion within thirty (30) days after date of submission. F.

How long do you have to respond to discovery in Kentucky? ›

The questions are mailed to the Plaintiff, Defendant or the attorney for response in writing. The answers or responses are usually due between 20-30 days.

What is the statute of limitations on a civil suit in Kentucky? ›

LIMITATIONS PERIOD

The statute of limitations is five years, for actions on a liability created by statute, when no other time is fixed by the statute creating the liability (Ky. Rev. Stat. Ann.

What happens if a defendant does not respond? ›

The defendant doesn't reply

The court can decide you've won because the defendant didn't reply. Ask the court for 'judgment by default'. You can ask for a judgment by default by: requesting a judgment on Money Claim Online if you made your claim online.

How long do you have to serve proceedings after issue? ›

Service of a claim form

(2) Where the claim form is to be served out of the jurisdiction, the claim form must be served in accordance with Section IV of Part 6 within 6 months of the date of issue.

How much time do you have to serve in Kentucky? ›

501 Ky. Admin. Regs. 1:030
Sentence Being ServedTime Service Required Before First Review (Minus Jail Credit)
2 1/2 years up to 3 years8 months
3 years10 months
More than 3 years, up to and including 9 years1 year
More than 9 years, up to and including 15 years2 years
6 more rows

How long does each side get to present their case before the court? ›

During oral arguments, each side has approximately 30 minutes to present its case, however, attorneys are not required to use the entire time. The petitioner argues first, then the respondent.

How do you get a judge to rule in your favor? ›

How to Persuade a Judge
  1. Your arguments must make logical sense. ...
  2. Know your audience.
  3. Know your case.
  4. Know your adversary's case.
  5. Never overstate your case. ...
  6. If possible lead with the strongest argument.
  7. Select the most easily defensible position that favors your case.
  8. Don't' try to defend the indefensible.
1 Nov 2008

How do you get a judge to rule on a motion? ›

It may not be necessarily to include a memorandum of law with your motion for a judge to grant it. You can also use an affidavit or several affidavits in support of your motion to show the judge the seriousness of the matter and to support your request for the relief.

What is a motion hour in Kentucky? ›

1:00pm. 1:30pm. Think of motion hour as a mechanism for taking care of the weekly business so that divorce, legal separation, child custody, and support cases keep moving forward.

Does Kentucky have a discovery rule? ›

Kentucky's discovery rule provides that a cause of action does not accrue until the plaintiff discovers, or in the exercise of reasonable diligence should have discovered, both his injury and the responsible party.

Can a party ever refuse to produce certain documents for discovery? ›

If they produce documents which prove not to be producible under R. 7-1(1), they may be guilty of breaching their client's confidence; yet if they decline to produce they may breach their duty as officer of the court.

Can a settlement be reached during a discovery? ›

Discuss the Examination for Discovery With Your Lawyer

A potential settlement could be reached after the examination process; however, it is more likely that your claim will proceed to a mediation.

How much does it cost to file a civil suit in Kentucky? ›

Fee Schedule
FeeDescriptionAmount
Filing FeeCivil Action, Suit or Proceeding ($350 Filing Fee + $52 Administrative Fee)$402.00
Filing FeePetition for Writ of Habeas Corpus$5.00
Filing FeeNotice of Appeal (includes a $500.00 docketing fee and the $5.00 filing fee required by 28 U.S.C. §1917)$505.00
24 more rows

Is there a time limit on civil claims? ›

The limitation period for negligence claims (that are not personal injury) is six years from the date of the negligent act. If you only become aware of the negligence much later you have three years from the date you discovered, or could reasonably have discovered it.

What is Kentucky Civil Rights Act? ›

The Commission enforces the Kentucky Civil Rights Act, which prohibits discrimination in employment, housing, places of accommodations and credit based on race, sex, age (40 and above in employment only), national origin, color, religion, disability, or familial status (housing only).

How long does a defendant have to respond to civil claim? ›

The letter must give a reasonable time to respond which is normally between 14 days and three months depending on the complexity of the claim. Failure to send a 'letter before action' which is compliant with the Civil Procedure Rules can result in costs orders against the defaulting party once proceedings are issued.

What happens if you win a civil suit? ›

When you "win" a civil case in court, the jury or judge may award you money damages. In some situations the losing party against whom there is a judgment (also known as a debtor), either refuses to follow the court order or cannot afford to pay the amount of the judgment.

What is a N30 Judgement? ›

Once you have sent the N1 form back to the creditor or their agent, they will then decide on what action to take. If the offer is accepted then you will be sent a CCJ detailing how, when and where to make your payments. This form will be called Judgement Acceptance N30 (1).

At what point do proceedings become active? ›

Active proceedings

"Active" is defined in Schedule 1 Contempt of Court Act 1981 and proceedings are active if a summons has been issued or a defendant arrested without warrant.

What happens after proceedings are issued? ›

Once proceedings are issued, the court will send your lawyer a timetable designed to manage your claim through to a final hearing. Once court proceedings are started, the defendant's side will typically instruct a solicitor to manage the case on their behalf, who will liaise with your lawyer throughout the process.

Can you counter sue someone for suing you? ›

Overview. If you are being sued in small claims court, you can file a “counterclaim” (a claim against the person who is suing you) if you believe that the plaintiff owes you money.

Does Kentucky have mandatory minimums? ›

Many crimes carry mandatory minimum sentences under Kentucky law. Examples of criminal offenses that could result in mandatory minimum sentencing for a conviction include, but are not limited to: Violent crimes, including many sex crimes. Some alcohol-related crimes, including DUIs.

Who can serve civil process in Kentucky? ›

(1) A subpoena may be served in any manner that a summons might be served. It may also be served by any person over eighteen years of age, and the affidavit endorsed thereon by such person shall be proof of service or the witnesses may acknowledge service in writing on the subpoena.

How does Mrs work in Kentucky? ›

MRS is the statutorily mandated release to community supervision of any inmate who is not excluded from MRS eligibility under KRS 439.3406(2)(a)-(f) and who has not been granted discretionary parole six (6) months prior to the projected completion date of the inmate's sentence.

What should you not say to a judge? ›

Most judges can sense when a witness is stretching the truth, and they do not appreciate it. Also, avoid statements like “honestly” or “to tell you the truth.” Everything you say to a judge should be honest and truthful.

How long does a judge have to rule on a motion? ›

Under T.R. 53.2, if a judge takes a cause tried to the court under advisement and fails to determine any issue of law or fact within ninety (90) days of the submission of all pending matters, the case may be withdrawn from the judge. Ind.

What should a witness never do with their testimony? ›

After a witness has testified in court, he/she should not tell other witnesses what was said during the testimony until after the case is completely over. Thus, do not ask other witnesses about their testimony and do not volunteer information about your own testimony.

What impresses a judge? ›

Be Respectful of The Judge At All Times When Speaking – And When Listening. “Your Honor.” If you want to impress the judge, make those two words part of your courtroom vocabulary. Your thoughtfulness is a sign of respect for the position the judge holds.

What's the best color to wear to court? ›

The best color to wear to court is probably navy blue or dark gray. These colors suggest seriousness. At the same time, they do not come with the negative connotations that are often associated with the color black (for instance, some people associate black with evil, coldness, and darkness).

Can you call a judge Sir? ›

In person: In an interview, social event, or in court, address a judge as “Your Honor” or “Judge [last name].” If you are more familiar with the judge, you may call her just “Judge.” In any context, avoid “Sir” or “Ma'am.” Special Titles.

How do you beat a case in a motion? ›

  1. Understand Judicial Attention Spans:
  2. Be Certain Your Brief and Arguments Tell the Story. ...
  3. Employ Innocence by Association. ...
  4. Avoid “Red Flag” Clues for the Judicial Reader. ...
  5. Avoid Ad Hominem Attacks and Language. ...
  6. Argue to Win. ...
  7. Never Squander Credibility.

How do you argue a motion in front of a judge? ›

Arguing Your First Motion
  1. You've written a motion and submitted it to the court. ...
  2. Read the rules. ...
  3. Know the judge. ...
  4. Review your written motion. ...
  5. Shepardize your cases again. ...
  6. Review opposing counsel's written motion. ...
  7. Note cases that are directly opposed to your argument. ...
  8. Prepare your argument.
24 Apr 2009

How do you win an argument in court? ›

FOUR THINGS TO REMEMBER TO WIN A COURT CASE
  1. Tell the Court Everything That It Wants to Know. ...
  2. Know the Facts and Questions of Law. ...
  3. Present Your Case Convincingly. ...
  4. Avoid Lengthy Unreasonable Arguments & Tiresome Cross Examination.

What is a Williams motion? ›

A complementary motion, known as “Williams” based on People v. Williams (1999) 20 Cal. 4th 119, 128- 138, which held that a defendant need only allege that a search was unreasonable because it was conducted without the benefit of a warrant.

What is a CMC motion? ›

Case Management Conference. A case management conference (CMC) is when both sides, the lawyers (if any), and the judge meet to talk about how to handle the case. Most civil cases have a CMC and it usually happens between 120 and 180 days from filing of the lawsuit.

How long do you have to file a response to a motion in Kentucky? ›

Unless otherwise ordered by the Court, a party opposing a motion must file a response within 21 days of service of the motion. Failure to timely respond to a motion may be grounds for granting the motion. A party may file a reply within 14 days of service of the response.

Does Kentucky have a homewrecker law? ›

Most states have removed homewrecker laws from their books. The Kentucky State Supreme Court ruled in 1992 that a person can't own affection between spouses. However, it remains an option for civil complaints in six states.

What are the blue laws in Kentucky? ›

A century ago, Henderson's spiritual leaders were demanding enforcement of Kentucky's Blue Law, which dates to the earliest days of the commonwealth and prohibits most commercial activity on Sunday.

Is Kentucky a must identify state? ›

If you fail to provide identification after being stopped on the street, there is no consequence under Kentucky law, because Kentucky is not a “stop and identify” state.

What is Rule 37 court? ›

The purpose of Rule 37 is to establish and regulate a judicial case management system to apply at any stage after notice of intention to defend or oppose is filed.

What is the Rule 31? ›

(1) A party may take the testimony of any person, including a party, by deposition upon written questions without leave of court except as provided in paragraph (2). The attendance of witnesses may be compelled by the use of subpoena as provided in Rule 45.

What is the rule of 32? ›

- A party does not make a person his own witness for any purpose by taking his deposition.

Why do lawyers drag out cases? ›

Their goal is to drag the case on and pay out as little as possible. This earns more money for the attorney, who gets paid by the hour, and also can help frustrate the plaintiff into making a better settlement for them out of desperation.

Are most cases are settled before trial? ›

The vast majority of personal injury cases are settled by the parties without a trial. In many cases, at-fault parties want to settle so that they can limit their liability, as judges and juries can be unpredictable.

Which action would a lawyer most likely take as part of the discovery process? ›

One of the most common methods of discovery is to take depositions. A deposition is an out-of-court statement given under oath by any person involved in the case. It is to be used at trial or in preparation for trial. It may be in the form of a written transcript, a videotape, or both.

When should a defendant file an answer? ›

RULE 11: WHEN TO FILE RESPONSIVE PLEADINGS Rule 11, Sec. 1 Answer to the complaint. The defendant shall file his answer to the complaint within fifteen (15) days after service of summons, unless a different period is fixed by the court. Answer to the complaint.

What happens if someone does not respond to a complaint? ›

Failure to Respond: If a defendant fails to answer the complaint or file a motion to dismiss within the time limit set forth in the summons, the defendant is in default. The plaintiff can ask the court clerk to make a note of that fact in the file, a procedure called entry of default.

How long does a defendant have to respond to a letter of claim? ›

Defendants should normally respond within 14 days using the standard format at Annex B. Failure to do so will be taken into account by the court and sanctions may be imposed unless there are good reasons. Where the claimant is a litigant in person, the defendant should enclose a copy of this Protocol with its letter.

How much time does a defendant have to submit the answer to the complaint apex? ›

Like the plaintiff, defendants who have been served with a complaint have several important early deadlines. Most commonly, they must file their response to the complaint within 30 days of being served.

What is the right to hear a case first? ›

Original jurisdiction means that the Supreme Court is the first, and only, Court to hear a case. The Constitution limits original jurisdiction cases to those involving disputes between the states or disputes arising among ambassadors and other high-ranking ministers.

Which element of a civil case comes first? ›

A lawsuit begins when the person bringing the suit files a complaint. This first step begins what is known as the pleadings stage of the suit. Pleadings are certain formal documents filed with the court that state the parties' basic positions.

What does do not admit to defense? ›

Unlike a failure to respond to a Statement of Claim, if you do not respond to a Defence, you are deemed to “not admit” the Defence. However, if you have not admitted an allegation you can only respond to the other party's evidence about that allegation.

What must you never do when dealing with a complaint? ›

Making promises or giving false expectations of what it will take to address the complaint, or when it will be addressed. Failing to follow up with the customer, ignoring or dismissing the complaint, or acting as if it isn't worthy of addressing.

What are the 3 things you should do when handling a complaint? ›

Three Steps for Effectively Handling a Customer Complaint
  1. Listen attentively. ...
  2. Empathize and apologize. ...
  3. Offer and execute a solution. ...
  4. Why Good Customer Service is So Important.
14 Nov 2019

How long does a person have to make a complaint? ›

Making a complaint

Complaints should normally be made within 12 months of an incident or of the matter coming to your attention. This time limit can be extended provided you have good reasons for not making the complaint sooner and it's possible to complete a fair investigation.

What happens if you ignore a letter of claim? ›

Defendants sometimes choose to ignore the letter of claim. By ignoring the letter, the defendant may think the problem will go away. Or maybe they are playing for time. If the defendant fails to acknowledge the letter of claim, your solicitor can apply to the court for an order that forces the defendant to respond.

What happens if you don't respond to a letter before claim? ›

If the defendant does not reply to your claim, you can ask the court to enter judgment 'by default' (that is, make an order that the defendant pay you the amount you have claimed because no reply has been received). You should do this as soon as possible after the 14 days have passed.

What happens if you ignore court documents when a claim is issued against you? ›

If you don't: you might have to pay extra costs - for example, if you don't provide copies of documents you might have to pay the court to copy them. the judge could decide to delay or dismiss your claim. you might not be able to call your witness.

What are the steps of civil case? ›

Civil Case Stages
  • Institution of suit.
  • Issue and service of summons.
  • Appearance of defendant.
  • Written statement, and set-off claims by defendant.
  • Replication'Rejoinder by Plaintiff.
  • Framing of Issues.

Who bears the cost of discovery? ›

The general rule in California is that each party bears the cost of financing its own litigation, including the costs of conducting and responding to discovery. Recovery of certain costs may be permitted at the end of successful litigation, but normally not during the pendency of the action.

What happens after you answer a summons and complaint? ›

Once you've filed your response, it's a waiting game. The court will present your answer to the judge and the plaintiff (or the plaintiff's attorney). Depending on your answer, the court and the plaintiff will decide the next legal actions.

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