If the defendants are numerous, the court upon motion or of its initiative, may order that service of the pleadings of the defendants and replies thereto need not be made as between the defendants and that any cross claim, counterclaim, or matter constituting an avoidance or affirmative defense contained therein shall be deemed to be denied or avoided by all other parties and that the filing of any such pleading with the court and service thereof upon the plaintiff constitutes due notice of it to the parties. A copy of every such order shall be served upon the parties in such manner and form as the court directs.
Rule 5.04.Service -- Numerous defendants.
Current through June 18, 2026 · Last verified July 9, 2026
In one sentenceWhen defendants are numerous, a Kentucky court may order that the defendants need not serve pleadings and replies on each other, that cross-claims, counterclaims, and affirmative defenses in those pleadings are deemed denied by the other parties, and that filing with the court plus service on the plaintiff serves as notice to everyone.
Full Text of Rule 5.04
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
Cases with many defendants can drown in paperwork if every defendant has to serve every pleading on every other defendant. Rule 5.04 gives the court a way to cut through that, either on a party's motion or on its own initiative. The court can order that defendants do not need to serve their pleadings and replies on one another.
To keep that shortcut from leaving anyone without a response on record, the rule builds in a default: any cross-claim, counterclaim, or matter raised as an avoidance or affirmative defense in those pleadings is treated as denied or avoided by all the other parties, without anyone having to file a separate response. Filing the pleading with the court and serving it on the plaintiff is treated as due notice to everyone else. Whenever the court issues an order like this, a copy has to be served on the parties in whatever manner and form the court directs.
Frequently Asked Questions
Does every defendant have to serve every other defendant in a big case?
Not necessarily. Under Rule 5.04, when defendants are numerous, the court may order that service of pleadings and replies between defendants is not required.
If I don't serve a response, is my cross-claim treated as denied automatically?
Under an order issued pursuant to Rule 5.04, any cross-claim, counterclaim, or affirmative defense in the pleadings is deemed denied or avoided by all other parties without separate service.
How do the parties find out this kind of order was entered?
The rule requires that a copy of any such order be served upon the parties in the manner and form the court directs.
Source & verification. The rule text is reproduced verbatim from the
official Kentucky Rules of Civil Procedure (Ky. R. Civ. P. 5.04). 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: numerous defendants service rule Kentuckydo all defendants have to serve each othercross-claim deemed denied without responsecourt order excusing service among defendantsmulti-defendant case service requirements