(1) Judgment by default for want of appearance shall not be different in kind from or exceed in amount that prayed for in the demand for judgment. If the demand for judgment is for an unliquidated sum, and therefore unspecified as required by CR 8.02(2), then the amount of the default judgment shall not exceed the amount proved.
Rule 54.03.Demand for judgment.
Current through June 18, 2026 · Last verified July 9, 2026
In one sentenceRule 54.03 caps a default judgment entered against a defendant who never appeared at what the demand for judgment sought (or, if the sum was unliquidated, at the amount proved), while every other final judgment can grant relief a party is entitled to even if the pleadings never demanded it.
Full Text of Rule 54.03
(2) Except as to a party against whom a judgment is entered by default for want of appearance, every final judgment shall grant the relief to which the party in whose favor it is rendered is entitled, even if the party has not demanded such relief in his pleadings.
Amendment History
(Amended July 1, 1987, effective January 1, 1988; amended July 12, 1989, effective August 28, 1989.)
Plain-English Summary
Rule 54.03 sets two different limits on what a judgment can award, depending on how the case got there. If a defendant never appeared and the court enters judgment by default against that defendant, the judgment cannot differ in kind from, or exceed in amount, what the demand for judgment asked for. If the demand sought an unliquidated sum - an amount not pinned down because the rules did not require it to be - the default judgment cannot exceed what the plaintiff proved.
Every other final judgment works differently. Outside a default for failure to appear, the rule lets the court grant the relief a party is entitled to even when that party never asked for it in the pleadings. The pleadings frame the dispute, but they do not box in the ultimate remedy the way they do for an absent, unanswering defendant.
Frequently Asked Questions
Can a Kentucky default judgment award more than what the plaintiff asked for?
No. When a defendant fails to appear and judgment is entered by default, Rule 54.03 does not let that judgment differ in kind from, or exceed in amount, what the demand for judgment requested. If the demand was for an unliquidated sum, the judgment cannot exceed the amount proved.
Can a court award relief a party never requested in its pleadings?
Yes, in most cases. Rule 54.03 says that except for a default judgment entered against a party for failing to appear, every final judgment grants the relief the prevailing party is entitled to, even without a specific demand for it in the pleadings.
What counts as an unliquidated sum under this rule?
The rule points to CR 8.02(2), which covers demands for judgment that do not specify a dollar amount because the claim is for an unliquidated sum. In that situation, a default judgment can go no higher than the amount the plaintiff proves.
Source & verification. The rule text is reproduced verbatim from the
official Kentucky Rules of Civil Procedure (Ky. R. Civ. P. 54.03). 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: Kentucky CR 54.03default judgment amount limit Kentuckydemand for judgment Kentucky rulecan default judgment exceed amount requestedunliquidated damages default judgment Kentucky