Current through June 18, 2026 · Last verified July 9, 2026
In one sentenceRule 12.04 requires the defenses and relief listed in Rules 12.02 and 12.03 to be heard and decided before trial when a party asks, unless the court orders that hearing deferred until trial.
Full Text of Rule 12.04
Text size
The defenses and relief enumerated in Rules 12.02 and 12.03, whether made in a pleading or by motion, shall be heard and determined before trial on application of any party unless the court orders that the hearings and determination thereof be deferred until the trial.
The source reproduced here (current through June 18, 2026) records no amendment to this rule since its original adoption — no History line appears for it in the compiled rules. For the underlying adopting order and any later amendments, see the West’s Rules & Procedures.
Plain-English Summary
Rule 12.04 addresses when the court rules on the defenses raised under Rules 12.02 and 12.03, whether those defenses show up in a motion or in a pleading. If any party asks, the court must hear and decide them before trial. The one exception is if the court orders that the hearing and decision be put off until trial itself.
Frequently Asked Questions
When does a Kentucky court rule on a motion to dismiss or motion for judgment on the pleadings?
Rule 12.04 requires the court to hear and decide the defenses raised under Rules 12.02 and 12.03 before trial if any party asks, unless the court orders that the hearing be deferred until trial.
Can a Kentucky court wait until trial to decide a Rule 12.02 defense?
Yes. Rule 12.04 allows the court to order that the hearing and determination of these defenses be deferred until trial, instead of resolving them beforehand.
Source & verification. The rule text is reproduced verbatim from the
official Kentucky Rules of Civil Procedure (Ky. R. Civ. P. 12.04). 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:preliminary hearing on defenses KentuckyCR 12.04when is a motion to dismiss heardhearing on motion before trial