The Kentucky Rules of Civil Procedure lay down the rules that should be followed by Kentucky courts. The rules are promulgated for the smooth and efficient functioning of state courts. A civil action commences with the filing of a complaint with the court and the issuance of a summons. Party who commences the action is called the plaintiff, and the opposite party is called the defendant. A civil action can be classified into various stages that include: pleading stage, discovery stage, trial stage, and judgment stage.
Different types of pleadings in Kentucky courts include: Complaint, Answer to Complaint, Counter claim, Reply to counterclaim, Cross claim, Reply to cross claim, Third party complaint and Third party answer. A complaint should be filed by the real party in interest. If the real party in interest is an unmarried infant or of unsound mind, the person’s guardian or committee should file the complaint. If the unmarried infant or person of unsound mind does not have a guardian or if the guardian cannot act, s/he may file the action through a next friend. If found necessary, the court will appoint a guardian ad litem to represent the unmarried infant or unsound person.
Discovery is obtained by parties through:
- oral examination or written questions;
- written interrogatories;
- requests for admission;
- request for production of documents or other information;
- request for permission to enter into land or other property for inspection or other purpose; and/or
- physical and mental examinations.
After commencement of the action, a party may demand for trial by jury. A judgment is passed after trial. The judgment may include a decree or an order upon which an appeal is permissible. Generally, cost of litigation is adjudged to the prevailing party.
