Every order required by its terms to be served, every pleading subsequent to the original complaint unless the court otherwise orders because of numerous defendants, every paper relating to discovery required to be served upon a party unless the court otherwise orders, every written motion other than one which may be heard ex parte, and every written notice, appearance, demand, offer of judgment, designation of record on appeal, and similar papers shall be served upon each party except those in default for failure to appear. Parties so in default shall be given notice of pleadings asserting new or additional claims for relief against them by summons or warning order issued thereon as provided in Rule 4.
Rule 5.01.Service -- When required.
Current through June 18, 2026 · Last verified July 9, 2026
In one sentenceRule 5.01 lists which documents in a Kentucky case must be served on every party still in the case, from later pleadings and discovery papers to written motions and notices, while excusing service on defaulting parties except when new or additional claims are asserted against them.
Full Text of Rule 5.01
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
Once a case is underway, more than the original complaint gets passed around. Rule 5.01 sets out what has to be served on every remaining party: any order that by its terms requires service, every pleading filed after the original complaint (unless the court excuses this because there are numerous defendants), discovery papers that must be served on a party, written motions other than those that can be heard without notice to the other side, and written notices, appearances, demands, offers of judgment, designations of the record on appeal, and similar papers.
Parties who have defaulted by failing to appear are left out of this routine service — with one exception. If someone later asserts a new or additional claim for relief against a defaulting party, that party must be given notice of it through a summons or warning order issued under Rule 4, not through ordinary service on an already-absent party.
Frequently Asked Questions
Do all court filings have to be served on every party?
Rule 5.01 requires service of orders, later pleadings, discovery papers, written motions (other than ones heard without notice), and written notices and similar papers on each party still in the case, subject to the exceptions the rule states.
What if a defendant never showed up and is in default?
Parties in default for failure to appear are excluded from routine service under this rule, except that they must still be given notice, by summons or warning order under Rule 4, of any new or additional claim for relief asserted against them.
Does every motion have to be served on the other side before a hearing?
Every written motion must be served except one that may be heard ex parte, meaning without notice to the other party.
Source & verification. The rule text is reproduced verbatim from the
official Kentucky Rules of Civil Procedure (Ky. R. Civ. P. 5.01). 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: what documents must be served in a Kentucky lawsuitdo I have to serve every motion on the other partyservice requirements for pleadings after the complaintnotice to a defaulted defendantrule on serving discovery papers