If a party sought to be summoned is: (a) an individual who is a nonresident of this state and known or believed to be absent therefrom, or (b) a corporation or a partnership or unincorporated association which is subject to suit under a common name, having no agent in this state known to the plaintiff upon whom a summons may be lawfully served, or (c) an individual who has been absent from the state for four months or who has departed therefrom with the intent to delay or defraud his creditors, or (d) an individual who has left the county of his residence to avoid the service of a summons or has so concealed himself that a summons cannot be served upon him, or (e) an individual whose name or place of residence is unknown to the plaintiff; the clerk shall forthwith, subject to the provisions of Rule 4.06, make an order upon the complaint warning the party to appear and defend the action within 50 days.
Rule 4.05.Parties who may be constructively served.
Current through June 18, 2026 · Last verified July 9, 2026
In one sentenceRule 4.05 lists the five circumstances under which a party can be constructively served rather than personally served — nonresidency, an association with no known Kentucky agent, four months' absence or flight from creditors, evasion of service, or an unknown name or residence — and directs the clerk to issue a warning order giving the party 50 days to appear and defend.
Full Text of Rule 4.05
Amendment History
(Amended October 18, 1978, effective January 1, 1978.)
Plain-English Summary
Rule 4.05 covers what happens when a defendant cannot be reached by ordinary personal service. It lists five situations: the party is an individual who lives outside Kentucky and is known or believed to be gone from the state; the party is a corporation, partnership, or unincorporated association with no agent in Kentucky known to the plaintiff who could lawfully be served; the party is an individual who has been absent from the state for four months, or who left to delay or defraud creditors; the party left the county to dodge service or has hidden so a summons cannot be served; or the party's name or residence is unknown to the plaintiff.
When one of these applies, the clerk — subject to the affidavit requirement in Rule 4.06 — issues a warning order. That order gives the party 50 days to appear and defend the action. This is Kentucky's constructive-service mechanism: instead of a sheriff handing papers to the defendant, the clerk's order stands in for personal notice when personal notice is not possible.
Frequently Asked Questions
What is a warning order in a Kentucky lawsuit?
A warning order is what the clerk issues under Rule 4.05 when a defendant falls into one of the rule's listed categories — for example, an absent nonresident or a defendant whose name or address is unknown. It warns the party to appear and defend within 50 days.
How long does a defendant have to respond to a warning order?
Rule 4.05 gives the party 50 days to appear and defend the action after the warning order issues.
Can a defendant who is hiding to avoid service still be sued in Kentucky?
Yes. Rule 4.05(d) covers an individual who has left the county to avoid service of a summons or who has concealed himself so that a summons cannot be served, and allows constructive service through a warning order in that situation.
Source & verification. The rule text is reproduced verbatim from the
official Kentucky Rules of Civil Procedure (Ky. R. Civ. P. 4.05). 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: constructive service in Kentuckywarning order 50 daysserving a defendant who cannot be foundserving a nonresident defendantdefendant with unknown address