Current through June 18, 2026 · Last verified July 9, 2026
In one sentenceRule 4.01 tells the clerk to issue a summons once the complaint is filed and lets the party who filed suit choose how it's served — by the clerk's certified mail, through another authorized process server, or by taking the summons back to arrange service directly.
(1)Upon the filing of the complaint (or other initiating document) the clerk shall forthwith issue the required summons and, at the direction of the initiating party, either:
(a)Place a copy of the summons and complaint (or other initiating document) to be served in an envelope, address the envelope to the person to be served at the address set forth in the caption or at the address set forth in written instructions furnished by the initiating party, affix adequate postage, and place the sealed envelope in the United States mail as registered mail or certified mail return receipt requested with instructions to the delivering postal employee to deliver to the addressee only and show the address where delivered and the date of delivery. The clerk shall forthwith enter the facts of mailing on the docket and make a similar entry when the return receipt is received by him or her. If the envelope is returned with an endorsement showing failure of delivery, the clerk shall enter that fact on the docket. The clerk shall file the return receipt or returned envelope in the record. Service by registered mail or certified mail is complete only upon delivery of the envelope. The return receipt shall be proof of the time, place and manner of service. To the extent that the United States postal regulations permit authorized representatives of local, state, or federal governmental offices to accept and sign for "addressee only" mail, signature by such authorized representative shall constitute service on the officer. All postage shall be advanced by the initiating party and be recoverable as costs; or
(b)Cause the summons and complaint (or other initiating document), with necessary copies, to be transferred for service to any person authorized, other than by paragraph (a) of this Rule, to deliver them, who shall serve the summons and accompanying documents, and his or her return endorsed thereon shall be proof of the time and manner of service; or
(c)At the request of the initiating party, return the summons and complaint (or other initiating document), with necessary copies, to that party for service.
(2)A summons may be issued for service in any county, against any person to be served, and separate or additional summons may be issued against any person to be served at the request of the initiating party.
Amendment History
(Amended October 14, 1977, effective January 1, 1978; amended May 4, 1978, effective June 1, 1978; amended September 7, 1994, effective October 1, 1994; amended October 7, 2013, effective January 1, 2014.)
Plain-English Summary
Rule 4.01 puts the initiating party in charge of how a Kentucky summons gets served, once the clerk issues it. There are three paths. The clerk can mail the summons and complaint by certified or registered mail, addressed to the person to be served and marked for delivery to the addressee only; the clerk logs the mailing on the docket, then logs the return receipt — or, if delivery fails, that failure — when it comes back. Under this option, service is complete only when the envelope is delivered, and the signed return receipt stands as proof of when, where, and how service happened. Postage is advanced by the party who filed suit and can be recovered later as costs.
Alternatively, the clerk can transfer the summons and complaint to another person authorized to serve process, whose endorsed return serves as proof of service. Or, at the filing party's request, the clerk can hand the summons and complaint back to that party to arrange service another way. Beyond the mechanics of service, Rule 4.01 also confirms that a summons can issue for service in any county against any person named, and that separate or additional summonses can issue whenever the filing party needs them — useful when a case involves more than one defendant in more than one place.
Frequently Asked Questions
Who serves a summons in a Kentucky civil case?
Rule 4.01 gives the initiating party a choice: the clerk can serve it by certified or registered mail, transfer it to another person authorized to serve process, or return it to the filing party to arrange service.
When is service by mail complete under Kentucky's summons rule?
Service by registered or certified mail is complete only when the envelope is delivered, and the signed return receipt serves as proof of the time, place, and manner of service.
Can a Kentucky summons be served in a county other than where the case is filed?
Yes. Rule 4.01 allows a summons to issue for service in any county against any person to be served, and additional summonses can issue as needed.
Source & verification. The rule text is reproduced verbatim from the
official Kentucky Rules of Civil Procedure (Ky. R. Civ. P. 4.01). 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
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