Rule 19 is subject to the provisions of Rule 23.
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Rule 19.04.Exception of class actions.
Current through June 18, 2026 · Last verified July 9, 2026
In one sentenceRule 19.04 states that Rule 19's requirements for joining necessary parties give way to Rule 23 whenever a case is brought as a class action, so the class-action mechanism, not individual joinder, determines who must be part of the suit.
Full Text of Rule 19.04
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
Rule 19 tells a court who must be joined as a party before a case can go forward. Rule 19.04 carves out an exception: none of that applies once a case is structured as a class action. Instead, Rule 23 controls who represents the class and how absent members are bound by the outcome.
In practice, this means a plaintiff bringing a class action does not have to name every affected person as an individual party under Rule 19's joinder standards. The class representative stands in for the group, and Rule 23's certification requirements take the place of the ordinary joinder analysis.
Frequently Asked Questions
Does Rule 19 apply if my case is a class action?
No. Rule 19.04 removes class actions from Rule 19's joinder requirements entirely. A class action is governed by Rule 23 instead, which controls who can serve as a class representative and how the rest of the class is bound.
Why doesn't a class action need to join every affected person under Rule 19?
Because Rule 23 already has its own mechanism for representing absent class members through a representative party. Rule 19.04 makes clear that mechanism takes the place of Rule 19's joinder rules rather than working alongside them.
Source & verification. The rule text is reproduced verbatim from the
official Kentucky Rules of Civil Procedure (Ky. R. Civ. P. 19.04). 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: rule 19 exception for class actionsdoes joinder apply to class actionsCR 19.04 Kentuckynecessary parties in a class actionrelationship between rule 19 and rule 23