In case of any transfer of interest, the action may be continued by or against the original party, unless the court upon motion directs the person to whom the interest is transferred to be substituted in the action or joined with the original party. Service of the motion shall be made as provided in Rule 25.01.
Rule 25.03.Transfer of interest.
Current through June 18, 2026 · Last verified July 9, 2026
In one sentenceRule 25.03 allows a Kentucky lawsuit to continue in the name of the original party even after that party transfers the interest at stake in the case, unless the court, on motion, orders the person who received the interest to be substituted in or joined with the original party.
Full Text of Rule 25.03
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 25.03 addresses what happens when the interest a party holds in a pending case changes hands while the lawsuit is still active -- for example, through a sale, assignment, or other transfer. The default rule is that the case keeps going in the name of the original party, without needing to bring in the new owner of the interest.
Any party can move the court to have the person who received the interest substituted for the original party, or joined alongside them, and the court decides whether that change is warranted. The motion has to be served the same way a motion to substitute parties after death is served under Rule 25.01.
Frequently Asked Questions
Does a lawsuit end if the party transfers their interest to someone else?
No. Rule 25.03 provides that the action may continue by or against the original party even after a transfer of interest, unless the court, on motion, directs the person who received the interest to be substituted or joined in the case.
How do you bring in the new owner of a transferred interest?
A party moves the court to substitute or join the person to whom the interest was transferred. Rule 25.03 requires that motion to be served the same way a motion to substitute parties after death is served under Rule 25.01.
Source & verification. The rule text is reproduced verbatim from the
official Kentucky Rules of Civil Procedure (Ky. R. Civ. P. 25.03). 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: transfer of interest during lawsuitassignee joining a pending caseCR 25.03substituting new owner of a claimselling a claim while a lawsuit is pending