Rule 4.13.Plaintiff may be examined touching his claim.
Current through June 18, 2026 · Last verified July 9, 2026
In one sentenceAuthorizes a Kentucky court, before entering judgment against a defendant who was constructively summoned and never appeared, to have the plaintiff examined under oath about the complaint and any defenses or counterclaims, with the examination available to be written up and filed.
Full Text of Rule 4.13
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Before rendering judgment against a defendant constructively summoned and who has not appeared, the court may cause the plaintiff to appear personally in court, or before a commissioner, and answer under oath concerning the statements of the complaint, or any defense thereto, including counterclaims, and may order the examination reduced to writing and filed with the papers of the action.
The source reproduced here (current through June 18, 2026) records no amendment to this rule since its original adoption — no History line appears for it in the compiled rules. For the underlying adopting order and any later amendments, see the West’s Rules & Procedures.
Plain-English Summary
When a defendant reached only by warning order never appears, no one is on hand to test the plaintiff's claims. Rule 4.13 gives the court a check before it enters judgment in that situation: it may cause the plaintiff to appear personally in court, or before a commissioner, and answer under oath about the statements of the complaint, or any defense to it, including counterclaims.
The court may also order that examination reduced to writing and filed with the papers of the action, so the record reflects what the plaintiff swore to before judgment was entered against the absent defendant.
Frequently Asked Questions
Does a plaintiff have to testify before winning a judgment against a defendant served by warning order?
The court may require it. Rule 4.13 lets the court cause the plaintiff to appear personally, or before a commissioner, and answer under oath before rendering judgment against a defendant who was constructively summoned and has not appeared.
What can the court ask the plaintiff about during this examination?
The statements of the complaint, or any defense to it, including counterclaims.
Is the plaintiff's examination kept as part of the case record?
It can be. The court may order the examination reduced to writing and filed with the papers of the action.
Source & verification. The rule text is reproduced verbatim from the
official Kentucky Rules of Civil Procedure (Ky. R. Civ. P. 4.13). 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:plaintiff testify before default judgment Kentuckyexamination of plaintiff under constructive serviceCR 4.13 Kentuckycourt questions plaintiff before judgment against absent defendantproving a claim against a warning order defendant