(1) All papers after the complaint required to be served upon a party shall be filed with the court either before service or within a reasonable time thereafter.
Rule 5.05.Filing.
Current through June 18, 2026 · Last verified July 9, 2026
In one sentenceRule 5.05 requires that any paper served on a party after the complaint also be filed with the court, treats the clerk's date stamp as the act of filing with no court order needed, and lets a poor litigant's filing date relate back to the day papers were handed in with a good-faith in forma pauperis motion.
Full Text of Rule 5.05
(2) The filing of pleadings and other papers with the court as required by these rules shall be made by filing them with the clerk of the court, except that the judge may permit the papers to be filed with him, in which event he shall note thereon the filing date and forthwith transmit them to the office of the clerk.
(3) The clerk shall indorse upon every pleading and other papers filed with him in an action the date of its filing. Such indorsement shall constitute the filing of the pleading or other paper and no order of court shall be required.
(4) If accompanied by a motion for leave to proceed in forma pauperis and a supporting affidavit, and made in good faith, any matter to be filed under these rules, including appeals, shall be considered filed on the date it is tendered. If the motion to proceed in forma pauperis is denied, the moving party shall then have thirty (30) days to pay any required fees or costs or to appeal the decision. If the moving party fails to pay the required fees or costs, or to seek review, the matter shall be treated as though not timely filed. The time for certifying the record on appeal under CR 73.08 shall run from the date the motion to proceed in forma pauperis is granted.
Amendment History
(Amended July 5, 1985, effective January 1, 1986; amended July 14, 1988, effective July 14, 1988; amended November 3, 2010, effective January 1, 2011.)
Plain-English Summary
Once a case is underway, every paper you serve on the other side also has to reach the court. Rule 5.05 says filing happens through the clerk's office, not the judge's chambers — though a judge who accepts a paper directly must note the date and send it straight to the clerk. The moment the clerk marks a paper with a filing date, it is filed. No separate order is required to make that official.
The rule also protects litigants who cannot afford filing fees. If someone files a motion to proceed in forma pauperis, backed by a supporting affidavit and made in good faith, the underlying matter counts as filed on the date it was tendered — even before the court rules on the fee motion. If that motion is denied, the filer gets thirty days to pay the required fees or costs, or to seek review of the denial. Miss that window, and the matter is treated as though it had never been timely filed. When the in forma pauperis motion is granted, the clock for certifying the appellate record under CR 73.08 starts running from the grant date, not from the original tender date.
Frequently Asked Questions
What date counts as my filing date in a Kentucky civil case?
The date the clerk endorses on the paper when it is received. That endorsement alone completes the filing — no court order is needed to make it official.
Can I hand a document to the judge instead of the clerk?
A judge may permit it, but the judge must note the filing date on the paper and send it to the clerk's office right away. The clerk's office remains the official filing point.
What happens if my motion to proceed in forma pauperis is denied?
You get thirty days from the denial to pay the required fees or costs, or to seek review of the decision. If you do neither, the matter is treated as though it was never timely filed.
Source & verification. The rule text is reproduced verbatim from the
official Kentucky Rules of Civil Procedure (Ky. R. Civ. P. 5.05). 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: when is a document officially filedfiling with the clerk instead of the judgein forma pauperis filing deadline Kentuckywhat does indorse mean on a filed paperpoor person affidavit filing dateCR 73.08 appeal record deadline