(1) The summons and complaint (or other initiating document) shall be served together. The initiating party shall furnish the person making service with such copies as may be necessary.
Rule 4.04.Personal service -- Summons and initiating document.
Current through June 18, 2026 · Last verified July 9, 2026
In one sentenceRule 4.04 sets out how personal service of a summons and initiating document is made on each category of defendant in Kentucky — individuals, infants and persons of unsound mind, partnerships, corporations, the Commonwealth, counties and cities, and nonresidents — specifying exactly whom the server must hand the papers to.
Full Text of Rule 4.04
(2) Service shall be made upon an individual within this Commonwealth, other than an unmarried infant or person of unsound mind, by delivering a copy of the summons and of the complaint (or other initiating document) to him personally or, if acceptance is refused by offering personal delivery to such person, or by delivering a copy of the summons and of the complaint (or other initiating document) to an agent authorized by appointment or by law to receive service of process for such an individual.
(3) Service shall be made upon an unmarried infant or a person of unsound mind by serving his resident guardian or committee if there is one known to the plaintiff or, if none, by serving either his father or mother within this state or, if none, by serving the person within this state having control of such individual. If there are no such persons enumerated above, the clerk shall appoint a practicing attorney as guardian ad litem who shall be served. If any of the persons directed by this section to be served is a plaintiff, the person who stands first in the order named who is not a plaintiff shall be served.
(4) Service shall be made upon a partnership or unincorporated association subject to suit under a common name by serving a partner or managing agent of the partnership or an officer or managing agent of the association, or an agent authorized by appointment or by law to receive service on its behalf.
(5) Service shall be made upon a corporation by serving an officer or managing agent thereof, or the chief agent in the county wherein the action is brought, or any other agent authorized by appointment or by law to receive service on its behalf.
(6) Service shall be made upon the Commonwealth or any agency thereof by serving the Attorney-General or any assistant attorney-general.
(7) Service shall be made upon a county by serving the county judge or, if he is absent from the county, the county attorney. Service shall be made upon a city by serving the chief executive officer thereof or an official attorney thereof. Service on any public board or other such body, except state agencies, shall be made by serving a member thereof.
(8) Service may be made upon an individual out of this state, other than an unmarried infant, a person of unsound mind or a prisoner, either by certified mail in the manner prescribed in Rule 4.01 (1) (a) or by personal delivery of a copy of the summons and of the complaint (or other initiating document) by a person over 18 years of age. Proof of service shall be made either by the return receipt mentioned in Rule 4.01 (1) (a) or by affidavit of the person making such service, upon or appended to the summons, stating the time and place of service and the fact that the individual served was personally known to him. Such service without an appearance shall not authorize a personal judgment, but for all other purposes the individual summoned shall be before the courts as in other cases of personal service.
(9) Service may be made upon a nonresident individual who transacts business through an office or agency in this state, or a resident individual who transacts business through an office or agency in any action growing out of or connected with the business of such office or agency, by serving the person in charge thereof.
Amendment History
(Amended effective July 1, 1975; amended October 14, 1977, effective January 1, 1978; amended May 14, 1979, effective July 1, 1979.)
Plain-English Summary
Rule 4.04 is the rule that tells a process server whom to hand the papers to, depending on who is being sued. The summons and complaint (or other initiating document) must be served together, and the party who started the case has to supply enough copies.
For an adult individual within Kentucky, service means personal delivery, or offering personal delivery if the person refuses to accept it, or delivering to an agent authorized to accept service on that person's behalf. An unmarried infant or person of unsound mind is served through a resident guardian or committee if one exists; if not, through a parent, then through whoever has control of that person, and if none of those exist, the clerk appoints a practicing attorney as guardian ad litem to be served. A partnership or unincorporated association is served through a partner, managing agent, officer, or authorized agent. A corporation is served through an officer, managing agent, the chief agent in the county where the action is filed, or another authorized agent. The Commonwealth or one of its agencies is served through the Attorney General or an assistant attorney general. A county is served through the county judge, or the county attorney if the judge is absent from the county; a city, through its chief executive officer or an official attorney; other public boards, through a member.
The rule also reaches outside Kentucky's borders. An individual out of state, other than an unmarried infant, a person of unsound mind, or a prisoner, may be served by certified mail under Rule 4.01(1)(a) or by personal delivery from someone over 18. Proof comes from the return receipt or from an affidavit describing the time and place of service and confirming the server personally knew the individual served. That out-of-state service, without an appearance, does not support a personal judgment, though the individual is otherwise treated as if personally served. A nonresident who transacts business through a Kentucky office or agency, or a resident being sued over business connected to an office or agency, can be served on the person in charge of that office.
Frequently Asked Questions
Can someone refuse to accept service of a summons in Kentucky?
Refusal does not stop service. Rule 4.04 allows service by offering personal delivery to the individual even if acceptance is refused.
How is a corporation served with a lawsuit in Kentucky?
Rule 4.04(5) allows service on an officer or managing agent of the corporation, the chief agent in the county where the action is brought, or any other agent authorized to receive service for the corporation.
Can an out-of-state defendant be served by mail?
Rule 4.04(8) allows service on an individual outside Kentucky by certified mail under Rule 4.01(1)(a), or by personal delivery by someone over 18, but this method alone does not support a personal judgment without an appearance.
Who is served on behalf of a child or a person of unsound mind?
Rule 4.04(3) directs service on a resident guardian or committee if one is known; if none, on a parent within the state; if none, on whoever has control of the individual; and if none of those exist, the clerk appoints a practicing attorney as guardian ad litem to be served.
Source & verification. The rule text is reproduced verbatim from the
official Kentucky Rules of Civil Procedure (Ky. R. Civ. P. 4.04). 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: who gets served for a corporationserving a minor or incapacitated defendantservice by certified mail out of stateserving a partnership or associationserving a county or cityrefusing to accept service