No case shall be assigned for trial without giving reasonable notice to all parties not in default of the day on which a trial date will be fixed.
Rule 40.Assignment of cases for trial.
Current through June 18, 2026 · Last verified July 9, 2026
In one sentenceRule 40 requires courts to give every party who is not in default reasonable notice of the day a trial date will be set, before assigning the case for trial.
Full Text of Rule 40
Amendment History
(Amended effective June 1, 1960.)
Plain-English Summary
Rule 40 protects parties from being blindsided by a trial date. Before the court sets a case for trial, it must give reasonable notice to every party who is not in default of the day it plans to fix that date.
The rule does not set a fixed number of days; it asks only that the notice be reasonable, leaving the court room to judge what counts given the case and the parties involved.
Frequently Asked Questions
How much notice must a Kentucky court give before setting a trial date?
Rule 40 requires reasonable notice of the day the trial date will be fixed, but does not specify an exact number of days. What counts as reasonable depends on the circumstances.
Does a defaulting party get notice of the trial date under Kentucky Rule 40?
Rule 40 requires notice only to parties who are not in default. A party in default is not entitled to notice of the day the trial date will be set.
Source & verification. The rule text is reproduced verbatim from the
official Kentucky Rules of Civil Procedure (Ky. R. Civ. P. 40). 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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