(1) Actions involving adult prisoners confined either within or without the State may be brought or defended by the prisoner. If for any reason the prisoner fails or is unable to defend an action, the court shall appoint a practicing attorney as guardian ad litem, and no judgment shall be rendered against the prisoner until the guardian ad litem shall have made defense or filed a report stating that after careful examination of the case he or she is unable to make defense.
Rule 17.04.Prisoners.
Current through June 18, 2026 · Last verified July 9, 2026
In one sentenceLets a confined adult prisoner sue or defend an action personally, requires the court to appoint a practicing attorney as guardian ad litem if the prisoner cannot mount a defense, and caps attorney fees awarded to counsel appointed for prisoners in dependency, abuse, neglect, or parental-rights-termination cases at the statutory maximums.
Full Text of Rule 17.04
(2) Fees allowed to counsel appointed to represent prisoners as respondents in dependency, abuse or neglect cases, or in parental rights termination cases, under the Juvenile Code, shall not exceed the amounts specified in KRS 620.100 or KRS 625.080. Counsel fee awards shall not exceed the statutory maximum, regardless of the number of persons represented in a proceeding by the counsel.
Amendment History
(Amended September 22, 1995, effective November 1, 1995.)
Plain-English Summary
A prisoner, whether held inside or outside Kentucky, can bring or defend a civil action without special permission from the court. Confinement alone does not strip someone of the ability to sue or be sued.
The rule adds a backstop for prisoners who cannot mount their own defense. If a prisoner fails to defend or is unable to, the court must appoint a practicing attorney to serve as guardian ad litem. That attorney has to look into the case before anything moves forward. A judgment cannot be entered against the prisoner until the guardian ad litem either files a defense or reports back that a careful review turned up no defense to raise.
The second part of the rule addresses attorney fees in a different setting: appointed counsel who represent prisoners as respondents in dependency, abuse or neglect cases, or in parental rights termination cases under the Juvenile Code. Those fee awards cannot exceed the caps set by KRS 620.100 or KRS 625.080, and the cap holds no matter how many people that attorney represents in the proceeding.
Frequently Asked Questions
Can an inmate file or defend a lawsuit in Kentucky?
Yes. Rule 17.04 allows an adult prisoner, confined within or outside the state, to bring or defend an action directly.
What happens if a prisoner cannot defend a lawsuit filed against them?
The court appoints a practicing attorney to act as guardian ad litem. No judgment can be entered against the prisoner until that attorney either files a defense or reports that a careful examination of the case found none available.
Is there a cap on attorney fees for lawyers appointed to represent prisoners in juvenile cases?
Yes. Fees for counsel appointed to represent prisoners as respondents in dependency, abuse or neglect, or parental rights termination cases cannot exceed the amounts set in KRS 620.100 or KRS 625.080, regardless of how many people the attorney represents in the proceeding.
Source & verification. The rule text is reproduced verbatim from the
official Kentucky Rules of Civil Procedure (Ky. R. Civ. P. 17.04). 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: prisoner lawsuit ruleinmate suing or being suedguardian ad litem for prisonerappointed counsel fees prisonercan a prisoner defend a civil casedependency abuse neglect counsel fees cap