If the court determines that separate trials will be in furtherance of convenience or will avoid prejudice, or will be conducive to expedition and economy, it shall order a separate trial of any claim, cross claim, counterclaim, or third- party claim, or of any separate issue or of any number of claims, cross claims, counterclaims, third-party claims or issues.
Rule 42.02.Separate trials.
Current through June 18, 2026 · Last verified July 9, 2026
In one sentenceRule 42.02 requires a court to order a separate trial of any claim, cross claim, counterclaim, third-party claim, or issue whenever separate trials will serve convenience, avoid prejudice, or promote expedition and economy.
Full Text of Rule 42.02
Amendment History
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
This rule works in the opposite direction from consolidation. Instead of combining cases, it lets a court split pieces of a single action into separate trials. If the court finds that trying a claim or issue on its own will serve convenience, avoid prejudice to a party, or move the case along more efficiently, it must order a separate trial.
The rule reaches claims, cross claims, counterclaims, third-party claims, or any separate issue, and it applies whether that means splitting off one matter or several. Unlike the discretionary language in Rule 42.01, once the court makes the required finding here, ordering a separate trial is mandatory.
Frequently Asked Questions
When will a Kentucky court split a case into separate trials?
When the court determines that separate trials will serve convenience, avoid prejudice, or promote expedition and economy. Once it makes that finding, it must order the separate trial.
Can a counterclaim or third-party claim be tried separately from the main case?
Yes. The rule allows a separate trial of any claim, cross claim, counterclaim, or third-party claim, and of any separate issue or any number of claims or issues.
What's the difference between Rule 42.01 and Rule 42.02?
Rule 42.01 lets a court combine separate actions that share a common question of law or fact. Rule 42.02 does the reverse: it requires the court to split parts of a case into separate trials when convenience, avoiding prejudice, or expedition and economy call for it.
Source & verification. The rule text is reproduced verbatim from the
official Kentucky Rules of Civil Procedure (Ky. R. Civ. P. 42.02). 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: separate trial Kentucky civil casesplit trial for counterclaim KentuckyCR 42.02avoid prejudice separate trialbifurcated trial Kentucky civil procedure