Ky. Cir. Ct. Clerks' Manual SERVICE OF PROCESS

87 SERVICE OF PROCESS

A civil summons may be issued on holidays and served on Sundays and holidays. KRS

454.125. Upon the filing of a complaint or other initiating document the clerk shall

forthwith issue the required summons. CR 4.01. See Civil Summons.

87.1 Certified Mail Service

1. Upon receipt of a request of service by certified mail, attach a copy of

the complaint (or other initiating document to the summons).

2. When a third party complaint is filed, attach a copy of the original

complaint in addition to the third party complaint.

3. Collect postage fees as set forth in the Accounting Manual.

4. Mail the summons and attached pleadings by certified mail, return

receipt requested, with instructions to deliver to addressee only and to

show the address where delivered and the date of delivery on the return

receipt.

5. In order to accomplish proper service, you must check the restricted

delivery box on the return receipt (green card).

87.2 Personal Service

1. Upon request of service by the sheriff or other serving officer, make a

copy of the summons.

2. Give the plaintiff the two summons with a copy of the complaint and/or

other documents to be served attached to the copy of the summons and

instruct the plaintiff to deliver them to the officer for service. The

plaintiff will pay the officer directly.

3. Do not make a copy of the summons for the case file; the officer's return

will provide a copy.

87.3 Long-Arm Statutes

1. KRS 454.210 permits service of process to be made on defendants who

are non-residents of Kentucky in any manner authorized by the Kentucky

Rules of Civil Procedure. Under certain circumstances defendants who

are non-residents of Kentucky may be served through the Kentucky

Secretary of State. If you are asked to serve a summons by this method,

collect a fee for the Secretary of State as set forth in the Accounting

Manual.

2. Mail two attested copies of the complaint and summons by certified mail

to the Secretary of State.

Quick Reference

Attach copy of

complaint

Collect postage fees

Mail summons

using certified mail,

return receipt

Copy summons

Give plaintiff both

summons and a

copy of the

complaint.

Secretary of State

Commonwealth of

Kentucky

Capitol Building

Frankfort, Kentucky

40601

SERVICE OF PROCESS

87.4 Return of Service

87.4.1 Certified Mail

1. Apply the FILED stamp to the return receipt (green card); add the date Quick Reference

and your initials. File, date, initial

2. Enter the date of delivery in the service date field of the summons screen.

87.4.2 Personal Service

1. Apply the FILED stamp to the summons; add the date and your initials. File, date, initial

2. Enter the date the officer served the defendant in the service date field

of the summons screen. You may use the memo field to record the

service agency.

87.4.3 Long-Arm Statutes

1. If the receipt is from the Secretary of State enter the date of delivery Enter date of

shown on the return receipt (green card) in the memo field of the delivery

summons screen.

2. When the Secretary of State mails notice to you concerning service or

non-service of a defendant enter the date of service or attempted Enter date of

service in the memo field of the summons screen. service or

attempted service

NOTE: The service date field is not completed on a summons screen in memo field

when service is through the secretary of state. “Summons shall be

deemed to be served on the return of the Secretary of State and the

action shall proceed as provided in the Rules of Civil Procedure.” If the

SOS returns the summons, then service was completed. Unlike other

forms of service, the statute does not force the plaintiff to use restricted

service, only certified mail return receipt.

87.4.4 Return of Non-Service

When a summons is returned unserved, leave the service date field blank on

the summons screen and memo the reason and the date of non-service.