If a party becomes incompetent, the court upon motion served as provided in Rule 25.01 may allow the action to be continued by or against his representative.
Rule 25.02.Incompetency.
Current through June 18, 2026 · Last verified July 9, 2026
In one sentenceRule 25.02 lets a Kentucky court, on motion served the same way a substitution motion under Rule 25.01 is served, allow a lawsuit to continue by or against a representative when a party becomes incompetent during the case.
Full Text of Rule 25.02
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 25.02 covers what happens when a party to a pending case loses the legal capacity to handle their own affairs -- becoming incompetent -- while the lawsuit is still going on. Rather than forcing the case to stall or restart, the rule lets the court allow the action to continue with the incompetent party's representative, such as a guardian or conservator, standing in for them.
To make that happen, someone has to bring a motion, served the same way a motion to substitute parties after a death is served under Rule 25.01. The court then decides whether to allow the representative to carry on the case in the incompetent party's place.
Frequently Asked Questions
What happens if a party to a lawsuit becomes incompetent?
Rule 25.02 lets the court allow the case to continue by or against the incompetent party's representative, such as a guardian, once a motion for that substitution is served the same way a motion to substitute parties after death is served under Rule 25.01.
Who serves the motion to substitute a representative for an incompetent party?
Rule 25.02 does not create its own service procedure. It relies on the method of service for substitution motions set out in Rule 25.01.
Source & verification. The rule text is reproduced verbatim from the
official Kentucky Rules of Civil Procedure (Ky. R. Civ. P. 25.02). 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: substituting a guardian for an incompetent partyparty becomes incompetent during lawsuitCR 25.02continuing a case for an incapacitated party