The plaintiff (or other initiating party) may at any time before judgment have the summons and the copy of the complaint (or other initiating document) served on the defendant (or other respondent) if found in this state though a warning order may have been entered against him, and after such service the case shall proceed as in other cases of actual service.
Rule 4.09.Personal service in addition to constructive service.
Current through June 18, 2026 · Last verified July 9, 2026
In one sentenceAllows a plaintiff to have a defendant personally served in Kentucky at any time before judgment even after a warning order has issued, converting the case to an ordinary personal-service action once that service happens.
Full Text of Rule 4.09
Amendment History
(Amended effective July 1, 1975.)
Plain-English Summary
A warning order is not the only path forward once a case starts down the constructive-service route. If the defendant later turns up, or was in the state all along, Rule 4.09 lets the plaintiff have the summons and a copy of the complaint served on that defendant directly — at any point before judgment, regardless of the warning order already on file.
Once that personal service happens, the case stops running on the constructive-service track. It proceeds as in other cases of actual service, meaning the defendant now has the same notice and standing as any personally served party.
Frequently Asked Questions
Can a defendant still be personally served after a Kentucky court has entered a warning order against them?
Yes. Rule 4.09 allows the plaintiff to have the summons and complaint served on the defendant at any time before judgment, even though a warning order has already been entered.
What changes once a defendant is personally served after a warning order?
The case proceeds as in other cases of actual service — the constructive-service track no longer governs once real service has occurred.
Who can arrange this later personal service?
The plaintiff or other initiating party may have it done, provided the defendant or other respondent is found in the state.
Source & verification. The rule text is reproduced verbatim from the
official Kentucky Rules of Civil Procedure (Ky. R. Civ. P. 4.09). 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: can you personally serve someone after a warning order in Kentuckyswitching from constructive to personal serviceCR 4.09 Kentuckyserving a defendant found in the state after a warning orderpersonal service overrides warning order