(1) The clerk at the time of making a warning order shall appoint, as attorney for the defendant, a practicing attorney of the court. The court may appoint another attorney as a substitute for the attorney appointed by the clerk. Neither the plaintiff nor his attorney shall be appointed, or be permitted to suggest the name of the defendant's attorney. Such attorney must make diligent efforts to inform the defendant, by mail, concerning the pendency and nature of the action against him, and must report the result of his efforts to the court within 50 days after his appointment.
Rule 4.07.Warning order attorney.
Current through June 18, 2026 · Last verified July 9, 2026
In one sentenceRule 4.07 requires the clerk to appoint a practicing attorney to represent a defendant served by warning order, describes that attorney's duty to try to notify the defendant by mail and report back within 50 days, bars any judgment until the report is filed, and makes clear the attorney's actions are not an appearance by the defendant.
Full Text of Rule 4.07
(2) If the warning order attorney cannot inform the defendant concerning the action, he shall so report to the court and shall then make a defense by answer if he can. If unable to make defense, he shall so report.
(3) If the warning order attorney knows or learns that the defendant is an unmarried infant or of unsound mind he shall include such information in the report required by paragraph (1) of this rule, and upon the filing of such report he shall become the guardian ad litem for such defendant as if appointed under Rule 17.03.
(4) Nothing done by the warning order attorney acting in such capacity or as guardian ad litem under paragraph (3) of this rule shall be treated as an appearance by the defendant.
(5) No judgment shall be rendered against a defendant for whom a warning order is made until a report required by this rule has been filed. Failure to file a report required by this rule without good cause may be punished as a contempt of court.
(6) The court shall allow the warning order attorney a reasonable fee for his services, to be taxed as costs.
Amendment History
(Amended October 18, 1977, effective January 1, 1978.)
Plain-English Summary
When a defendant is brought into a case through a warning order, Rule 4.07 gives that defendant a stand-in advocate. The clerk appoints a practicing attorney of the court — never someone the plaintiff or the plaintiff's attorney names or suggests — and the court can later substitute a different attorney for the one the clerk picked. That warning order attorney must make a diligent effort to notify the defendant by mail about the case and report the results to the court within 50 days of being appointed.
If the attorney cannot reach the defendant, the rule requires a report saying so, followed by an answer on the defendant's behalf if one can be made, or a report that none can be made. If the attorney learns the defendant is an unmarried infant or of unsound mind, that fact goes in the report, and filing the report makes the attorney the guardian ad litem for that defendant, the same as an appointment under Rule 17.03.
Nothing the warning order attorney does in that role, or as guardian ad litem, counts as an appearance by the defendant. And no judgment can be entered against a defendant served by warning order until the required report is on file — failing to file one without good cause can be treated as contempt of court. The court sets a reasonable fee for the attorney's work and taxes it as costs.
Frequently Asked Questions
What is a warning order attorney in Kentucky?
A warning order attorney is a practicing attorney the clerk appoints under Rule 4.07 to try to notify a defendant served by warning order and to report the results to the court, and to answer on the defendant's behalf if possible.
Does a warning order attorney's involvement count as the defendant appearing in the case?
No. Rule 4.07(4) states that nothing done by the warning order attorney, whether acting in that role or as guardian ad litem, is treated as an appearance by the defendant.
Can a court enter judgment before the warning order attorney reports?
No. Rule 4.07(5) bars judgment against a defendant served by warning order until the required report has been filed, and failure to file that report without good cause may be punished as contempt.
Source & verification. The rule text is reproduced verbatim from the
official Kentucky Rules of Civil Procedure (Ky. R. Civ. P. 4.07). 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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