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. The plaintiff shall serve his/her reply to a counterclaim in the answer within 20 days after service of the answer or, if a reply is ordered by the court, within 20 days after service of the order, unless the order otherwise directs. The service of a motion permitted under Rule 12 alters these periods of time as follows unless a different time is fixed by order of the court: (1) if the court denies the motion or postpones its disposition until the trial on the merits, the responsive pleading shall be served within ten (10) days after entry of the court's order; (2) if the court grants a motion for a more definite statement, the responsive pleading shall be served within 10 days after the service of the more definite statement.
Rule 12.01.When presented.
Current through June 18, 2026 · Last verified July 9, 2026
In one sentenceRule 12.01 sets the deadlines for responsive pleadings -- 20 days to answer a summons, 20 days to answer a cross-claim, and 20 days to reply to a counterclaim -- then adjusts those deadlines when a Rule 12 motion has been filed and resolved.
Full Text of Rule 12.01
Amendment History
(Amended December 3, 1998, effective January 1, 1999.)
Plain-English Summary
Once a defendant is served with a summons and complaint, the clock starts running: Kentucky gives 20 days to serve an answer. The same 20-day period applies to a party served with a cross-claim, and to a plaintiff who must reply to a counterclaim raised in the answer, or, if the court orders a reply to something else, 20 days from that order.
Filing certain motions under Rule 12 pauses and resets that clock. If a party moves to dismiss or raises another Rule 12 defense instead of answering, and the court denies the motion or defers ruling until trial, the responsive pleading is due 10 days after entry of the court's order. If the court instead grants a motion for a more definite statement, the responsive pleading is due 10 days after the more definite statement is served. In each case, the court can set a different deadline by order.
Frequently Asked Questions
How many days does a defendant have to answer a complaint in Kentucky?
Under Rule 12.01, a defendant must serve an answer within 20 days after being served with the summons.
If I file a motion to dismiss instead of answering, when is my answer due if the motion is denied?
Rule 12.01 gives the responsive pleading 10 days after entry of the court's order denying the motion or postponing it until trial, unless the court sets a different deadline.
How long do I have to reply to a counterclaim in Kentucky?
Rule 12.01 gives 20 days after service of the answer containing the counterclaim, or 20 days after a court order requiring a reply if one is ordered, unless the order directs otherwise.
Source & verification. The rule text is reproduced verbatim from the
official Kentucky Rules of Civil Procedure (Ky. R. Civ. P. 12.01). Prescribed by the Supreme Court of Kentucky (Ky. Const. § 116). The plain-English summary is original and written by us. Last verified July 9, 2026. ·
Official source
Also known as: deadline to answer complaint Kentuckytime to file answer CR 12.01how long to respond to counterclaimanswer deadline after motion to dismiss denied20 day answer ruletime to answer cross-claim