A civil action is commenced by the filing of a complaint with the court and the issuance of a summons or warning order thereon in good faith.
Rule 3.Commencement of Action; Fees and Costs.
Current through June 18, 2026 · Last verified July 9, 2026
In one sentenceRule 3 marks the exact moment a Kentucky civil case legally begins: when a party files a complaint with the court and the court issues, in good faith, a summons or warning order based on it.
Full Text of Rule 3
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 3 answers a question that matters for deadlines: when does a lawsuit officially start? In Kentucky, filing the complaint alone isn't enough. The action commences only when that filing is paired with issuance of a summons — or, where a defendant can't be reached directly, a warning order — and both steps happen in good faith. A complaint sitting in the clerk's office without a summons or warning order behind it hasn't yet commenced an action under this rule.
Frequently Asked Questions
When does a lawsuit officially start in Kentucky?
A civil action commences when the complaint is filed with the court and a summons or warning order is issued on it in good faith. Filing alone doesn't start the action.
What is a warning order in a Kentucky civil case?
Rule 3 lists a warning order as an alternative to a summons for commencing an action. It is issued on the complaint along with, or in place of, a summons, provided the issuance is in good faith.
Does filing a complaint by itself commence a lawsuit in Kentucky?
Not on its own. Rule 3 requires both the filing of the complaint and the issuance of a summons or warning order for the action to be considered commenced.
Source & verification. The rule text is reproduced verbatim from the
official Kentucky Rules of Civil Procedure (Ky. R. Civ. P. 3). 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: when is a civil action commenced in Kentuckyhow to start a lawsuit in Kentuckywhat is a warning order Kentucky civil procedurefiling a complaint Kentucky CR 3commencement of a civil action Kentucky