In a certified class action the court shall approve or award reasonable attorney's fees and nontaxable costs that are authorized by law or by the parties' agreement. The following procedures apply:
Rule 23.08.Attorney's fees and nontaxable costs.
Current through June 18, 2026 · Last verified July 9, 2026
In one sentenceCR 23.08 lets a court approve or award reasonable attorney's fees and nontaxable costs in a certified class action, through a noticed motion that class members and payors can object to, with findings under CR 52.01 and authority to refer the amount to a Commissioner under CR 53.
Full Text of Rule 23.08
(1) A claim for an award must be made by motion to be heard at a time the court sets. Notice of the motion must be served on all parties and, for motions by class counsel, directed to class members in a reasonable manner.
(2) A class member, or a party from whom payment is sought, may object to the motion.
(4) The court may refer issues related to the amount of the award to a Commissioner, as provided in CR 53.
Amendment History
(Adopted November 3, 2010, effective January 1, 2011.) KENTUCKY RULES ANNOTATED Copyright © 2026 by Matthew Bender & Company, Inc. a member of the LexisNexis Group. All rights reserved
Plain-English Summary
CR 23.08 governs how attorney's fees and nontaxable costs get approved in a certified class action, whether the entitlement comes from a statute or from an agreement among the parties. Whoever wants an award has to bring it by motion at a time the court sets, with notice served on all parties; when class counsel is the one moving for fees, notice also has to reach class members. A class member, or whoever would end up paying the award, can object to the motion.
The court can hold a hearing on the request, and it has to make findings of fact and state its legal conclusions the way CR 52.01 requires. Because figuring out the right dollar amount can get detailed, the court has the option to refer that piece of the analysis to a Commissioner under CR 53 rather than working through it alone.
Frequently Asked Questions
How does class counsel request attorney's fees in a Kentucky class action?
Under CR 23.08, a claim for attorney's fees or nontaxable costs must be made by motion, heard at a time the court sets, with notice served on all parties. When class counsel brings the motion, notice must also reach class members.
Can a class member object to a fee request in a class action?
Yes. CR 23.08 allows a class member, or any party who would have to pay the award, to object to the fee motion.
Who decides how much class counsel gets paid?
The court decides, and must state findings of fact and legal conclusions under CR 52.01. The court can also refer the question of how much to award to a Commissioner under CR 53.
Source & verification. The rule text is reproduced verbatim from the
official Kentucky Rules of Civil Procedure (Ky. R. Civ. P. 23.08). 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: class action attorney fees kentuckyobjecting to class counsel feesnontaxable costs class actionhow are class action lawyers paidCR 23.08