(1) Whenever under these rules service is required or permitted to be made upon a party represented by an attorney, which shall not include a warning order attorney, the service shall be made upon the attorney unless service upon the party is ordered by the court. Except as provided in paragraph (2) of this rule, service upon the attorney or upon a party shall be made by delivering a copy to the attorney or party or by mailing it to the attorney or party at the last known address of such person; or, if no address is known, by leaving it with the clerk of the court. Service is complete upon mailing unless the serving party learns or has reason to know that it did not reach the person to be served. Delivery of a copy within this rule means handing it to the attorney or to a party; or leaving it at the office of the attorney or party with the person in charge thereof; or, if there is no one in charge, leaving it in a conspicuous place therein; or, if the office is closed or the person to be served has no office, leaving it at his dwelling house or usual place of abode with some person of suitable age and discretion then residing therein.
Rule 5.02.Service -- How made.
Current through June 18, 2026 · Last verified July 9, 2026
In one sentenceRule 5.02 sets the mechanics of service in a pending Kentucky case, requiring service on a party's attorney rather than the party, describing delivery and mail as the default methods, and permitting attorneys or parties to elect electronic service by filing and serving a notice that supplies an electronic notification address.
Full Text of Rule 5.02
(2) An attorney or party may elect to effectuate and receive service via electronic means to and from all other attorneys or parties in the action by filing a notice of such election with the clerk and serving a copy of such election by personal delivery or by mail as provided for in paragraph (1) of this rule, except that such notice may be sent electronically to any other party or attorney who has already filed and served a notice of election of electronic service hereunder. The notice must include the electronic notification address at which the attorney or party agrees to accept service. Methods of electronic service that may be elected under this rule include electronic mail or telecopy (facsimile). Documents sent through electronic mail shall be sent as an attachment in PDF or similar format unless otherwise agreed by the parties. Once an attorney or party files a notice of election of electronic service and serves the notice on all other attorneys or parties in the case, all other attorneys or parties shall promptly provide the requesting party or attorney with an electronic notification address at which the other attorneys or parties may be served, and shall thereafter serve the requesting attorney or party through electronic means whenever service of a document is required by these rules. Upon motion of an attorney or party and for good cause shown, the court may relieve the attorney or party of the obligation to make or receive service by electronic means. Unrepresented parties who are unable to utilize electronic service methods may continue to serve all other attorneys or parties through any method permitted by these rules. Electronic service of documents that are filed with the clerk shall be made on or before the day they are filed. Service is complete upon electronic transmission, but electronic transmission is not effective if the serving party learns or has reason to know that it did not reach the person to be served. When documents are too large or numerous to be processed electronically by the sender or recipient, the serving attorney or party shall serve them by mail or personal delivery. The signature of an attorney or party on a document served by electronic mail may be represented by "/s/" followed by the typed name of the person signing the document or by a scanned version of an original signature. Signature in such manner is equivalent to a hand-signed original signature for all purposes under these Rules.
Amendment History
(Amended November 3, 2010, effective January 1, 2011; amended October 7, 2013, effective January 1, 2014.) Page 2 of 4 Rule 5.02. Service -- How made.
Plain-English Summary
Paragraph (1) establishes the default rule: when a party has a lawyer, papers go to the lawyer, not the party, unless the court orders otherwise. Service can be made by handing a copy to the attorney or party, or by mailing it to their last known address; if no address is known, it can be left with the court clerk instead. Mailed service counts as complete once mailed, unless the person serving it learns or has reason to know it never arrived. The rule also spells out what counts as hand delivery: giving it directly to the attorney or party, leaving it at their office with whoever is in charge (or in a conspicuous place if no one is there), or leaving it at the person's home with someone of suitable age and discretion if the office is closed or there is no office.
Paragraph (2) lets an attorney or party opt into electronic service. Doing so requires filing a notice of the election with the clerk and serving a copy on everyone else in the case, and the notice must state the electronic address where service will be accepted — email or fax are both listed as acceptable methods, with emailed documents sent as a PDF or similar attachment unless the parties agree otherwise. Once someone elects electronic service and serves that notice, everyone else in the case must supply their own electronic address and then serve that person electronically going forward. Electronic service of a filed document must happen on or before the filing date, and it is complete upon transmission unless the sender learns it did not arrive. A court can excuse an attorney or party from the electronic-service obligation for good cause, and unrepresented parties who cannot use electronic methods may keep using any other method the rules allow. Oversized or numerous documents that cannot be handled electronically go out by mail or personal delivery instead, and a signature can appear as "/s/" plus a typed name, or as a scanned signature, either of which counts as a hand-signed original.
Frequently Asked Questions
If I have a lawyer, do court papers get sent to me or to my lawyer?
Under Rule 5.02(1), service goes to the attorney rather than the party whenever the party is represented, unless the court orders service on the party directly.
Can documents be served on me by email in a Kentucky case?
Yes. Rule 5.02(2) lets an attorney or party elect electronic service by filing a notice with the clerk that states an electronic notification address, with email or fax listed as acceptable methods. Once that election is made and served, the other parties must serve that person electronically.
When is mailed service considered complete?
Service by mail is complete upon mailing, unless the party who served it learns or has reason to know that it did not reach the person being served. The same rule applies to electronic transmission.
What if no address is known for the person to be served?
If no address is known for the attorney or party, the paper can be left with the clerk of the court instead.
Source & verification. The rule text is reproduced verbatim from the
official Kentucky Rules of Civil Procedure (Ky. R. Civ. P. 5.02). 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
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