(1) The warning order provided in Rule 4.05 shall be made by the clerk only upon an affidavit of the plaintiff or his attorney, or if the plaintiff is under disability, of the party suing in his behalf or his attorney, stating the ground of the application for such order. The affiant shall state the last known address of the defendant, or, if the defendant is one designated in Rule 4.05(b) and its address is unknown, the last known address of one upon whom service may be had in its behalf, or shall state his ignorance of such of those facts as he does not know. If the affidavit is made by one other than the plaintiff, stating any grounds mentioned in Rule 4.05, the affidavit shall state the affiant's connection with the plaintiff and the affiant's belief that the plaintiff is ignorant of such facts as are unknown to the affiant.
Rule 4.06.Warning order -- Affidavit.
Current through June 18, 2026 · Last verified July 9, 2026
In one sentenceRule 4.06 requires the clerk to issue a warning order only on the strength of an affidavit from the plaintiff or the plaintiff's attorney stating the grounds for constructive service and the defendant's last known address, and treats an uncontroverted affidavit as sufficient evidence supporting both the warning order and the action itself.
Full Text of Rule 4.06
(2) An affidavit made pursuant to the provisions of Rule 4.06 (1), unless it is controverted by the defendant's affidavit, shall be sufficient evidence of the facts therein stated for the support of the action as well as of the warning order.
Amendment History
(Amended November 21, 1977, effective January 1, 1978.)
Plain-English Summary
Rule 4.06 controls the paperwork behind a warning order. The clerk cannot issue one on request alone — it takes an affidavit from the plaintiff or the plaintiff's attorney, or, if the plaintiff is under a disability, from whoever is suing on the plaintiff's behalf or that person's attorney. The affidavit has to state the ground for asking for constructive service under Rule 4.05, the defendant's last known address, or, for a corporation or association under Rule 4.05(b) whose own address is unknown, the last known address of someone who could be served on its behalf. Where the affiant does not know these facts, the affidavit says so instead.
If someone other than the plaintiff signs the affidavit, it must also explain that affiant's connection to the plaintiff and state the affiant's belief that the plaintiff does not know the missing facts. Once filed, an affidavit that the defendant does not controvert with a competing affidavit stands as sufficient evidence both for the warning order and for the underlying action.
Frequently Asked Questions
Who has to swear out the affidavit for a warning order in Kentucky?
Rule 4.06 requires the affidavit from the plaintiff or the plaintiff's attorney, or, if the plaintiff is under a disability, from the person suing on the plaintiff's behalf or that person's attorney.
What must the affidavit for a warning order say?
It must state the ground for the warning order under Rule 4.05 and the defendant's last known address, or, if that address is unknown, the affiant's ignorance of it. If the affiant is not the plaintiff, the affidavit must also state the affiant's connection to the plaintiff and belief that the plaintiff does not know the missing facts.
Can a defendant challenge the affidavit behind a warning order?
Yes. Rule 4.06(2) makes the affidavit sufficient evidence supporting the warning order and the action only if it is not controverted by the defendant's own affidavit.
Source & verification. The rule text is reproduced verbatim from the
official Kentucky Rules of Civil Procedure (Ky. R. Civ. P. 4.06). 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: affidavit for warning orderhow to get a warning order issuedproving a defendant cannot be foundlast known address affidavit