Expenses and attorney's fees are not to be imposed upon the commonwealth under Rule 37.
Rule 37.05.Expenses against the commonwealth.
Current through June 18, 2026 · Last verified July 9, 2026
In one sentenceRule 37.05 provides that expenses and attorney's fees are not to be imposed on the commonwealth under any part of Rule 37's discovery-sanctions scheme.
Full Text of Rule 37.05
Amendment History
(Amended effective October 1, 1971.)
Plain-English Summary
Rule 37.05 is short and narrow. Rule 37 otherwise lets courts shift the reasonable expenses and attorney's fees of discovery disputes onto the losing side, whether on a motion to compel, a failure to obey a discovery order, a wrongful denial of a request for admission, or a party's total failure to respond to discovery. Rule 37.05 carves the commonwealth out of that expense-shifting: expenses and attorney's fees are not to be imposed on the commonwealth under Rule 37.
Frequently Asked Questions
Can the commonwealth of Kentucky be ordered to pay my attorney's fees for a discovery dispute?
No. Rule 37.05 provides that expenses and attorney's fees are not to be imposed on the commonwealth under Rule 37.
Does this exemption cover every expense-shifting provision in Rule 37?
Rule 37.05 refers to expenses and attorney's fees under Rule 37 generally, without limiting itself to one subsection of the rule.
Source & verification. The rule text is reproduced verbatim from the
official Kentucky Rules of Civil Procedure (Ky. R. Civ. P. 37.05). 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: commonwealth immune from discovery feesattorney fees against the state Kentuckydiscovery expenses against a government partyRule 37 fees against the commonwealthsanctions against Kentucky government in discovery