Ky. Cir. Ct. Clerks' Manual CIVIL ACTIONS

16 CIVIL ACTIONS

CR 3, 4

Circuit and District Courts

 In Forma Pauperis

 Civil Actions Filed by Inmates

 Civil Summons

 Service of Process

 Warning Order Attorney

 Guardian Ad Litem

 Amended Complaints

 Counterclaims and Cross Claims

 Third Party Complaint

 Voluntary Dismissal of Action

 Civil Case Cover Sheet

16.1 Fees

1. Before the complaint, petition, or other initiating document is filed, collect filing fees as

set forth in the Accounting Manual and give a receipt. Do not apply the FILED stamp or

process the initiating document until the filing fees are paid.

EXCEPTIONS: The following are exempted from filing fees:

• In Forma Pauperis Granted. See Section 57 Motion for Leave to Proceed In Forma

Pauperis.

• Petitioner is the Commonwealth. KRS 453.010.

NOTE: City and county governments are not exempt from paying filing fees unless the

action is filed in the name of the Commonwealth.

2. If the party is seeking to proceed in forma pauperis, the initiating must be accompanied

by a Motion for Leave to Proceed In Forma Pauperis and a supporting affidavit or AOC

Form 026. See Section 57 Motion for Leave to Proceed In Forma Pauperis for

instructions on how to process a Motion for Leave to Proceed In Forma Pauperis and the

tendered initiating document.

NOTE: If the motion is denied, the moving party has thirty (30) days to pay any required

filing fees or costs or to appeal the decision. If the time has lapsed and no notice of

appeal filed or filing fees collected, present the case file to the judge.

Process Map

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EXCEPTONS: See Civil Actions Filed by Inmates.

3. If you receive an order from your circuit judge assessing additional costs in cases

requiring extraordinary services, apply the ENTERED stamp to the order; add your date

and your initials. Enter the order on the docket sheet in your

General/Administrative/Miscellaneous Order File. Mail a copy of the order to your local

bar. CR 3.02(3)(a),(b),(c). Refer to the Accounting Manual regarding collection of

extraordinary services.

16.2 Civil Case Cover Sheet

Per Supreme Court order 2019-17 the use of the AOC- 104 Civil Case Cover Sheet is

mandatory effective January 1st, 2021. The cover sheet should be included with all filings

excluding DNA, DVO/IPO, Small Claims, and Mental Health.

Note: eFilers will enter the required data as part of the submission process and will not

submit the cover sheet separately. If a file is received by mail without the Cover Sheet,

please accept the filing and return notice to the filer that additional information is

required. You may use this template for your return to the filer.

16.3 Petition/Complaint

1. Assign to a division using the procedure in your local court rules. Refer to Quick Reference

Case Add section of KyCourts Manual for instructions on opening the case.

Circuit Civil CI cases

2. Generate the next case number in the computer for circuit civil CI cases or or District Civil C

district civil C cases or use the next pre-numbered file folder. cases

3. DO NOT proceed with the following steps unless filing fees have been paid,

In Forma Pauperis has been granted, or the petitioner is the

Commonwealth.

4. The plaintiff must file enough copies of the complaint for service upon

each defendant in addition to the original which is filed in your office. If

you make the copies, collect a copy fee as set forth in the Accounting

Manual and give a receipt.

File, date, intial

5. Apply the FILED stamp add the date and your initials.

Note: Correction to Birth Certificates should be filed as a Circuit Civil action. Corrections

to Marriage Certificates may be filed as a Circuit Civil action. Effective June 27, 2025, and

pursuant to KRS 402.235, a county clerk where a marriage license was

issued or recorded, upon receipt of an affidavit executed by both parties to Office of the

the marriage, may correct a marriage application or marriage license that Attorney General,

contains errors or omitted information. Consumer

Protection Division

16.3.1 Complaint Involving a Constitutional Challenge 1024 Capital Center

KRS 452.005 Venue for Claims against the Commonwealth. Challenges to the Drive

constitutionality of a Kentucky Statute; Executive Order; Administrative Frankfort, KY 40601

Regulation; or Order of any cabinet, program cabinet, or department

established under KRS Chapter 12.

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A plaintiff who is a resident of Kentucky shall file a complaint or petition in the office of the

Circuit Court clerk in the county where the plaintiff resides. A plaintiff who is not a resident

of Kentucky shall file a complaint or petition in the Franklin Circuit Court. The plaintiff shall

certify in the complaint or petition filed under this section that a copy of the complaint or

petition has been served upon the Attorney General before or at the time of filing.

This complaint should be filed in Circuit Court using the case type CCHAL.

16.3.2 Complaint Involving Consumer Protection

Mail a copy of any complaint involving consumer protection issues to Office of the Attorney

General.

16.3.3 Complaint Involving Medical Malpractice

A certificate of merit is required to be filed with a complaint for medical malpractice. A

certificate of merit is an affidavit or declaration that the claimant has reviewed the facts of

the case and consulted with at least one expert qualified pursuant to the Kentucky Rules of

Civil Procedure and the Rules of Evidence and that the expert has concluded there is a

reasonable basis to commence the action. The clerk is not obligated to review pleadings to

determine if a certificate of merit is included.

16.3.4 Verified Petition Pursuant CR 27.01

This is a petition filed in anticipation of future court action. For questions on processing,

please contact Court Services.

16.3.5 Summons Issuance

The clerk is required under CR 4.01(1) to issue a summons immediately upon the filing of a

complaint/petition. A complaint/petition sought to be filed without payment of filing fees is

not filed until an order granting in forma pauperis is entered or filing fees are paid. See

Section 57 Motion for Leave to Proceed In Forma Pauperis.

EXCEPTIONS:

• Civil Actions Filed by Inmates

• Warning Order Service

Generate a summons for each defendant, by completing a summons screen for each

defendant in the case. CR 4.02, CR 4.04(1). See Civil Summons.

16.3.6 Service of Summons

The petitioner will direct whether service is by certified mail, personal service, or return to

the petitioner. See Service of Process.

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16.4 Warning Order Service

1. If a warning order is requested to obtain constructive service, do not issue Quick Reference

a summons. CR 4.05, 4.06.

2. A complaint/affidavit will be filed with you stating the reason the

defendant cannot be served and the defendant's last known address, or

affiant's ignorance of such fact.

3. Consult your roster of attorneys and make the appointment. You may not

appoint the plaintiff or the attorney as the warning order attorney, and

these persons may not suggest anyone for the appointment. CR 4.07(1).

4. Prepare and sign the warning order form; apply the FILED stamp, add the File, date, initial

date and your initials.

5. Make a copy and attach to a copy of the complaint and deliver to the

warning order attorney.

6. File the warning order by completing a document screen using document

type AWOA. Document type

7. Complete a party screen for the warning order attorney. AWOA

Complete party

screen

16.5 Appointment of Guardian Ad Litem

CR 4.04

1. Upon receipt of an affidavit stating that the defendant has no guardian,

curator, or conservator residing in this state known to the affiant and

request for an appointment of a Guardian Ad Litem, apply the FILED

stamp to the affidavit; add the date and your initials. KRS 387.305(1). File, date, initial

2. File the affidavit by completing a document screen, using document type Document type AFF

AFF and memo GAL in the memo field. Memo GAL

3. Consult your roster of attorneys and make an appointment unless your

judge wishes to make these appointments.

4. Prepare and sign the appointment of Guardian Ad Litem form.

File, date, initial

5. Apply the FILED stamp; add the date and your initials.

Document type

6. File the appointment by completing a document screen, using document AGAL

type AGAL.

7. Make a copy of the appointment and attach the copy to a summons and

complaint to be served on the defendant through the guardian ad litem.

8. A copy of the appointment is also given to the attorney for the plaintiff and

all other parties.

NOTE: If a guardian ad litem was not appointed when the complaint was

filed, then the court, not the clerk, appoints a guardian ad litem to defend

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the action. You may make this appointment only when the judge is not present in the

county. CR 17.03(2).

9. Complete a party screen for the guardian ad litem.

16.6 Motions/Pleadings

1. When motions or other pleadings are filed in the case, apply the FILED Quick Reference

stamp; add the date and your initials. File, date, initial

2. Complete the appropriate screen, i.e., scheduled events, motion or

document screen.

3. When a hearing or trial is scheduled, complete a scheduled event screen.

16.7 Amended Complaints Process Map

CR 15.01

A complaint may be amended once without leave of court at any time before a responsive

pleading is served. Otherwise, consent from adverse party(ies) must be

obtained. CR 15.01.

 There are no filing fees for the filing of an amended complaint.

NOTE: If the filer indicates the amended complaint exceeds the

jurisdictional limit of the court the original case is filed in, collect the Statutory amount

difference in the filing fees from the current jurisdiction and the that designates a

jurisdiction that the case is being transferred to as appropriate based upon case within a

the amount in controversy contained in the amended complaint. jurisdiction, i.e.;

small claims,

1. Upon receipt of an amended complaint; apply the FILED stamp and add district civil, circuit

the date and your initials. civil.

2. File on a document screen using document type AMC.

File, date, initial

3. Prepare a summons by completing a summons screen for each defendant

in the case.

Document type

NOTE: Send notice/service as directed by party/attorney filing the AMC

amendment. If the filer does not direct service, return the summons to the

filer for service.

4. Attach a copy of the amended complaint and the original complaint to one

copy of the summons.

NOTE: The plaintiff should furnish sufficient copies of the complaint for

service on the defendant(s), in addition to the original, which is filed in

your office. If you make the copies, collect a copy fee as set forth in the

Accounting Manual and give a receipt.

5. Serve the defendants as requested by the plaintiff or attorney, following

the instructions for personal service, certified mail, warning order or

guardian ad litem. See Service of Process.

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16.8 Counterclaims and Cross Claims Process Map

CR 13

 Counterclaim is a claim for relief asserted against an opposing party after an original claim

has been made; a defendant's claim in opposition to or as a setoff against the plaintiff's

claim.

 A cross claim is a claim asserted between co-defendants or co-plaintiffs in a case and that

relates to the subject of the original claim or counterclaim.

16.8.1 Filing Fees

 There are no filing fees for a counterclaim or cross claim in a circuit court case. KRS

23A.200.

 In district court there is no filing fee unless the cross claim or counterclaim raises the

amount in controversy to a higher filing category.

If a counterclaim or cross claim exceeds the jurisdictional limit of the court the original case

is filed in, collect the difference in the filing fees from the current jurisdiction and the

jurisdiction that the case is being transferred to as appropriate based upon the amount in

controversy contained in the counterclaim or cross claim. See additional information below

for Small Claims, District Civil $500 or less and District Civil $500 -$5,000.

NOTE: Do not stamp FILED or process the counterclaim or cross claim until the filing fees

are paid.

EXCEPTIONS:

• In Forma Pauperis Granted. See Section 57 Motion for Leave to Proceed In Forma

Pauperis.

• Petitioner is the Commonwealth. KRS 453.010.

NOTE: City and county governments are not exempt from paying filing fees unless the action

is filed in the name of the Commonwealth.

Small Claims KRS 24A.230; 24A.290; 24A.310(1)

$2,500 or Less: No filing fees

If the amount of the counterclaim or No transfer of the case is required

cross claim does not exceed

$2,500.00 (exclusive of interest and

cost)

Exceeds $2,500 but does not exceed Collect filing fees per Accounting

$5,000: Manual

Transfer the case to Civil District

Court

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If the amount of the counterclaim or

cross claim exceeds $2,500.00 but

does not exceed $5,000.00

Exceeds $5,000: Collect filing fees per Accounting

Manual

If the amount of the counterclaim or

cross claim exceeds $5,000.00 Transfer the case to Circuit Court

When a counterclaims or cross claims is received in a District Court case:

District Civil: Amount in Controversy is $500 or less (not filed in Small

Claims)

$500.00 or Less: Do not collect filing fees

If the amount of the counterclaim or No transfer is required

cross claim is $500.00 or less

Exceeds $500.00 but does not Collect filing fees per Accounting

exceed $5000.00: Manual

If the amount of the counterclaim or No transfer is required

cross claim exceeds $500.00 but does

not exceed $5,000.00

Exceeds $5,000.00: Collect filing fees per Accounting

Manual

If the amount of the counterclaim or

cross claim is over $5,000.00 Transfer the case to Circuit Court.

KRS 24A.120(1).

District Civil including original actions of Administrative Agencies, Special

Districts or Boards. CR 3.03, KRS 24A.010

$500.01 to $5000.00: Do not collect a filing fee

If the amount of the counterclaim or No transfer is required

cross claim does not exceed

$5,000.00

Exceeds $5,000.00 Collect filing fees per Accounting

Manual

If the amount of the counterclaim or

cross claim exceeds $5,000.00 Transfer the case to Circuit Court.

KRS 24A.120(1).

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16.8.2 Counterclaim/Cross Claim

1. Upon receipt of a counterclaim or cross claim apply the FILED stamp; add Quick Reference

the date and your initials. File, date, initial

Document code CC-

2. File by completing a document screen using document code CC

Counterclaim

(Counterclaim) or CR (Cross claim).

Document code CR-

Cross Claim

16.8.3 Case Transfer When Amount Exceeds Jurisdictional Limit

Originating Court

1. If you are the originating court note the transfer in the case screen memo

field. Complete the closing information on the case screen.

2. Transfer the contents of the case file including a copy of the case history

and a copy of the docket sheet, if a docket sheet exists.

3. Place the file folder in the numerical order with other cases in that

category. Note on the file folder the court to which the case was

transferred and the new case number if you know it.

4. Prepare AOC Form 122, Notice of Transfer of Action. Apply the FILED AOC Form 122

stamp; add the date and your initials to the notice. File, date, initial

5. File the notice by completing a document screen using document type Document type

NTA. Mail a copy of the notice to the plaintiff and defendant. NTA

Receiving Court

1. If you are the receiving court apply the FILED stamp to the entire record File, date, initial

from the originating court; add the date and you initials.

2. Refer to Case Add section of KyCourts Manual for instructions on opening

the case.

3. Generate the next case number for district civil C or circuit civil CI cases or District Civil C cases

use the next pre-numbered file folder. Circuit Civil CI cases

4. File the entire record from the originating court as a single item on a

document screen using the document type DCF. Document type DCF

16.8.4 Summons

See Civil Summons.

If the court orders the summonsing of new parties:

1. Ask the counter claimant or cross claimant to provide enough copies of his/her pleading,

including the original complaint, for service on the new parties. If you make the copies,

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collect a copy fee as set forth in Accounting Manual from the counter claimant or cross

claimant and give a receipt. KRS 24A.170.

2. Enter any new parties by completing a party screen and issue summons by completing a

summons screen on the appropriate party.

3. The counter claimant or cross claimant will decide if service is to be made by certified

mail or personally delivered by the sheriff or other authorized person. CR 4.01(1). See

Service of Process.

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16.9 Third-Party Complaint

CR 14.01

Quick Reference

A complaint may be filed by a defendant against a third party, alleging that the third File, date, initial

party may be liable for some or all of the damages that the plaintiff is trying to

recover from the defendant.

1. When you receive an order allowing the filing of a third party complaint,

apply the ENTERED stamp; add the date and your initials.

2. File by completing the document screen using document type OITC, Order Document type

Intervening Third Party Complaint. OITC

16.9.1 Motion/Order to File a Third-Party Complaint.

1. Collect filing fees as set forth in the Accounting Manual and give a receipt.

Do not stamp FILED or process the complaint until the filing fees are

paid.

EXCEPTIONS:

• In Forma Pauperis-Granted. See Section 57.

• Petitioner is the Commonwealth. KRS 453.010.

NOTE: City and county governments are not exempt from paying filing fees

unless the action is filed in the name of the Commonwealth.

2. If the party is seeking to proceed In Forma Pauperis, the initiating

document must be accompanied by a Motion for Leave to Proceed In

Forma Pauperis and a supporting affidavit or AOC Form 026. See Section

57 Motion for Leave to Proceed In Forma Pauperis for instructions on how AOC Form 026

to process a Motion for Leave to Proceed In Forma Pauperis and the

tendered initiating document. DO NOT proceed with the following steps

unless filing fees have been paid, In Forma Pauperis has been granted, or

the petitioner is the Commonwealth.

3. Upon payment of the filing fees or an order to proceed in forma pauperis

is granted, apply the FILED stamp; add the date and your initials. File by

completing a new document screen using FTPC, Motion to File Third Party File, date, initial

Complaint. Document type

4. Deliver the case file to the judge or set a hearing if requested. FTPC

Stamp, date, initial

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5. When you receive an order allowing the filing of a third-party complaint, Quick Reference

apply the ENTERED stamp; add the date and your initials.

Document type

6. File by completing the document screen using document type OFTP, Order OFTP

to File Third-Party Complaint.

16.9.2 Complaint

1. DO NOT proceed with the following steps unless filing fees have been paid,

In Forma Pauperis has been granted, or the petitioner is the

Commonwealth.

2. Apply the FILED stamp to the third-party complaint; add the date and File, date, initial

your initials.

3. Enter on a document screen using document code COMT Complaint- Third Document code

Party. COMT

NOTE: Intervening Complaint requires no filing fee. Enter on document

screen using document code COMIT (Complaint- Intervening).

4. Complete a party screen(s) for new parties added.

AOC Form 120

16.9.3 Summons

Summons type TP

1. Issue a third-party summons for each party to be served by completing

AOC Form 120, Third Party Summons. Complete a summons screen for

each third-party summons issued using summons type TP.

NOTE: Complainant must file enough copies of both the original complaint

and the third-party complaint for service on each new party added. CR 4.04(1). Collect

the required copying fee as set forth in the Accounting Manual if you make these copies.

16.9.4 Service of Summons

The party filing the third-party complaint will decide if service is to be made by certified mail or

personally delivered by sheriff or other authorized person. CR 4.01(1). See Service of Process.

16.10 Intervening Complaint

CR 24

Upon application anyone shall be permitted to intervene in an action when a statute confers a right

to intervene or when the applicant claims an interest relating to the property or transaction which is

the subject of an action.

CIVIL ACTIONS

16.10.1 Application/Motion/Order

1. Upon receipt of an application/motion to intervene, apply the filed stamp;

add the date and your initials. File by completing a new scheduled event Quick Reference

screen using motion codes FIC or IN. File, stamp, initial

2. Deliver the case file to the judge or set a hearing if requested. Motion codes FIC or

IN

3. When you receive an order allowing the filing of an intervening complaint,

apply the ENTERED stamp; add the date and your initials. Stamp, date, initial

4. File by completing the document screen using document type OITC, Document type

Order Intervening Third Party Complaint, OTI Order to Intervene, or OFIC OITC, OTI, or OFIC

Order to File Intervening Complaint.

16.10.2 Filing Fees

There is no filing fee for an intervening complaint.

16.10.3 Complaint

1. Apply the FILED stamp to the intervening complaint; add the date and

your initials. File, date, initial

2. Enter on a document screen using document code COMI Complaint- Document code

Intervening. COMI

3. Complete a party screen(s) for new parties added.

Note: A summons is not required to be issued under CR 24. Pursuant to

CR 24.03 a person desiring to intervene shall serve a motion to intervene upon the

parties as provided in Rule 5.

16.11 Action to Enforce Mechanic’s Lien

KRS 376

An action to enforce a lien provided for in KRS 376.010 shall be by equitable proceedings and

conducted as other proceedings in equity in similar cases except as otherwise provided.

16.11.1 Fees

1. Before the petition is filed, collect filing fees as set forth in the Accounting Manual and give

a

receipt. Do not process the petition until the filing fees are paid.

EXCEPTIONS: The following are exempted from filing fees:

• In Forma Pauperis Granted. See Section 57.

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• Petitioner is the Commonwealth. KRS 453.010.

NOTE: City and county governments are not exempt from paying filing fees unless the action

is filed in the name of the Commonwealth.

2. If the party is proceeding in forma pauperis, the complaint is accompanied by a Motion for

Leave to Proceed In Forma Pauperis and a supporting affidavit. Any matter to be filed,

including appeals, shall be considered filed on the date it is tendered.

NOTE: If the motion is overruled, the moving party has thirty days to pay any required fees

or costs or to appeal the decision. If the moving party fails to pay the required fees or costs

or to seek review, the matter shall be treated as not timely filed. CR 5.05(4).

EXCEPTONS: See Civil Actions Filed by Inmates.

16.11.2 Complaint

Quick Reference

1. Assign to a division using the procedure in your local court rules. Refer to

Case Add section of KyCourts Manual for instructions on opening the

case.

Document type CI

2. Generate the next case number in the computer for circuit civil CI cases

or C

or district civil C cases or use the next pre-numbered file folder.

3. If the petitioner is seeking to proceed in forma pauperis, the petition must

be accompanied by a Motion for Leave to Proceed In Forma Pauperis and AOC-026

a supporting affidavit, or AOC Form 026. See Section 57 Motion for Leave

to Proceed In Forma Pauperis for instructions on how to process a Motion

for Leave to Proceed In Forma Pauperis and the tendered petition. DO

NOT proceed with the following steps unless filing fees have been paid, In

Forma Pauperis has been granted, or the petitioner is the

Commonwealth.

4. The plaintiff must file enough copies of the complaint for service upon

each defendant in addition to the original which is filed in your office. If

you make the copies, collect a copy fee as set forth in the Accounting

Manual and give a receipt.

File, date, initial

5. Apply the FILED stamp add the date and your initials.

6. Create a tickler system on the scheduled events screen for 10 days from

the filing of the petition. Make a notation in the memo: “Enforcement of

Mechanics Lien- Order Referring to Master Commissioner.”

7. After the expiration of 10 days from the filing of the petition, deliver the

AOC-141

case file to the judge with a copy of the AOC-141, Order Referring Case to

Master Commissioner. Enter, date, initial

8. Upon receipt of an executed AOC-141, Order Referring Case to Master

Commissioner; apply the ENTERED stamp; add the date and your initials.

9. Provide a copy of the case file and order (AOC-141) to the Master

Commissioner.

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16.11.3 Summons

 The clerk of the court in which the petition is filed shall issue the proper process against the

resident defenders, enter warning orders against the nonresidents and appoint an attorney

to defend for them, and appoint guardians for the infants.

 The clerk is required under CR 4.01(1) to issue a summons immediately upon the filing of a

complaint/petition. See Motion to Proceed In Forma Pauperis. Sec. 57.

EXCEPTIONS:

• Civil Actions Filed by Inmates

• Warning Order Service

1. Generate a summons for each defendant, by completing a summons screen for each

defendant

in the case. CR 4.02, CR 4.04(1). See Civil Summons.

16.12 Voluntary Dismissal of Action

CR 41.01

1. Upon receipt of a notice of dismissal of an action apply the FILED stamp; File, date, initial

add the date and your initials.

2. Complete a document screen using document type NDIS. Document type

NDIS

3. Close the case by completing the disposition date, disposition type, and

judge at disposition fields on the case screen.

NOTE: Notice of entry by the clerk of a voluntary dismissal is not required.

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16.13 Judgment/Order Quick Reference

Enter, date, initial

1. Upon receipt of a signed judgment or order, apply the ENTERED stamp

to the judgment or order; add the date and your initials.

2. Enter the judgment or order on the document screen, including a brief NOE

description. Serve notice of entry on every party who is not in default or

who has not filed a written waiver of notice. Office of the Attorney

General

3. Make an entry on the document screen showing the manner (mail or Consumer Protection

personal delivery) and date of the service of notice of entry or Division

judgment. 1024 Capital Center

4. If the judgment or order involves consumer protection issues, mail a Dr.,

copy to the Office of the Attorney General. Frankfort, KY 40601

5. If the judgment or order includes child support (AOC Form 152, Uniform AOC Form 152

Child Support Order), place a copy of the order in a designated area (box

or basket) in your office for the Office of the Attorney General,

Department of Child Support Services. AOC 152 is a mandatory form. Secretary of State

Commonwealth of

6. If the judgment or order closes the case, complete the disposition date, Kentucky

disposition type and judge at disposition fields on the case screen. Capitol Building

7. If the judgment or order dissolves a business entity (statutory trust, Frankfort, KY 40601

cooperative association, corporation limited liability company, or limited http://sos.ky.gov/

liability partnership) send a certified copy to the Secretary of State.