(1) For failure of the plaintiff to prosecute or to comply with these rules or any order of the court, a defendant may move for dismissal of an action or of any claim against him.
Rule 41.02.Involuntary dismissal -- Effect thereof.
Current through June 18, 2026 · Last verified July 9, 2026
In one sentenceRule 41.02 lets a defendant move to dismiss for the plaintiff's failure to prosecute or comply with the rules, or, in a bench trial, for failure to show a right to relief after the plaintiff rests, and specifies that most dismissals under this rule count as decisions on the merits.
Full Text of Rule 41.02
(2) In an action tried by the court without a jury, after the plaintiff has completed the presentation of his evidence, the defendant, without waiving his right to offer evidence in the event the motion is not granted, may move for a dismissal on the ground that upon the facts and the law the plaintiff has shown no right to relief. The court as trier of the facts may then determine them and render judgment against the plaintiff or may decline to render any judgment until the close of all the evidence. If the court renders judgment on the merits against the plaintiff, the court shall make findings as provided in Rule 52.01.
(3) Unless the court in its order for dismissal otherwise specifies, a dismissal under this Rule, and any dismissal not provided for in Rule 41, other than a dismissal for lack of jurisdiction, for improper venue, for want of prosecution under Rule 77.02 (2), or for failure to join a party under Rule 19, operates as an adjudication upon the merits.
Amendment History
(Amended July 12, 1989, effective August 28, 1989.)
Plain-English Summary
Rule 41.02 gives defendants two distinct grounds to end a case involuntarily, and settles what a dismissal means for the plaintiff's ability to sue again.
Under paragraph (1), a defendant can move to dismiss an action or claim because the plaintiff failed to prosecute it or failed to comply with the civil rules or a court order. This covers a case that has stalled or a plaintiff who has ignored the court's directions.
Paragraph (2) applies to a bench trial. Once the plaintiff finishes presenting evidence, the defendant can move to dismiss on the ground that the facts and the law show no right to relief, without giving up the right to put on a defense if the motion fails. The judge can rule right away, weighing the evidence as the fact-finder, or wait until all the evidence is in before deciding. If the court rules against the plaintiff on the merits at that stage, it must make findings as Rule 52.01 requires.
Paragraph (3) sets the default effect: unless the court's dismissal order says otherwise, a dismissal under Rule 41.02, and any dismissal under Rule 41 not covered elsewhere in it, counts as an adjudication on the merits. That default does not apply to dismissals for lack of jurisdiction, improper venue, want of prosecution under Rule 77.02(2), or failure to join a party under Rule 19, all of which leave the plaintiff free to refile.
Frequently Asked Questions
Can a Kentucky case be dismissed for failure to prosecute?
Yes. Rule 41.02(1) lets a defendant move to dismiss an action or claim when the plaintiff has failed to prosecute it or failed to comply with the civil rules or a court order.
What happens if the plaintiff's evidence doesn't show a right to relief at a bench trial?
After the plaintiff finishes presenting evidence in a trial without a jury, the defendant can move to dismiss on the ground that the facts and law show no right to relief. The court can rule then or wait until all the evidence is presented, and if it rules against the plaintiff on the merits, it must make findings under Rule 52.01.
Is an involuntary dismissal in Kentucky with prejudice?
Usually. Unless the court's order says otherwise, a dismissal under Rule 41.02 operates as an adjudication on the merits. The exceptions are dismissals for lack of jurisdiction, improper venue, want of prosecution under Rule 77.02(2), or failure to join a party under Rule 19, none of which bar refiling.
Source & verification. The rule text is reproduced verbatim from the
official Kentucky Rules of Civil Procedure (Ky. R. Civ. P. 41.02). 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: involuntary dismissal kentuckyfailure to prosecute dismissal kymotion to dismiss no right to reliefky cr 41.02dismissal with prejudice kentucky civil casedirected verdict bench trial kentucky