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Rule 18.02.Dependent claims.

Current through June 18, 2026 · Last verified July 9, 2026

In one sentencePermits a claim that could formerly be brought only after another claim reached a conclusion, such as a fraudulent-conveyance claim tied to an unliquidated debt, to be joined with that other claim in a single action, with relief granted only in line with the parties' actual substantive rights.

Full Text of Rule 18.02

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Whenever a claim is one heretofore cognizable only after another claim has been prosecuted to a conclusion, the two claims may be joined in a single action; but the court shall grant relief in that action only in accordance with the relative substantive rights of the parties. In particular, a plaintiff may state a claim for money and a claim to have set aside a conveyance fraudulent as to him, without first having obtained a judgment establishing the claim for money.

Amendment History

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

Some claims traditionally could not be pursued until another claim had already been resolved. A creditor, for instance, once had to win a judgment on a debt before it could go after property the debtor had fraudulently transferred away. Rule 18.02 lets both claims travel together in one lawsuit instead of forcing two separate cases filed one after the other.

Joining the claims does not change the underlying order of rights. The court still has to sort out relief according to how the parties' substantive rights line up, so a court can, for example, resolve the money claim and the fraudulent-conveyance claim in a single judgment without treating the second claim as ripe before the first is decided. The rule's own example: a plaintiff can state a claim for money and a claim to set aside a fraudulent conveyance in the same complaint, without first obtaining a judgment on the money claim.

Frequently Asked Questions

Can I sue to set aside a fraudulent transfer in the same case where I'm suing for the underlying debt?

Yes. Rule 18.02 lets a plaintiff state a claim for money and a claim to set aside a conveyance fraudulent as to him in the same action, without first obtaining a judgment on the money claim.

What does 'dependent claim' mean under Kentucky's joinder rules?

It refers to a claim that was once cognizable only after another claim had been prosecuted to a conclusion. Rule 18.02 allows the two claims to be joined in a single action instead.

Does joining a dependent claim change how relief is decided?

No. The court grants relief in the joined action only in accordance with the relative substantive rights of the parties, so joinder does not shortcut the underlying legal order of those rights.

Source & verification. The rule text is reproduced verbatim from the official Kentucky Rules of Civil Procedure (Ky. R. Civ. P. 18.02). 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: dependent claims joinderfraudulent conveyance claim with debt claimsetting aside fraudulent transfer lawsuitjoining sequential claims one action