Should it appear to the satisfaction of the court at any time that any of the affidavits presented pursuant to this rule are presented in bad faith or solely for the purpose of delay, the court shall forthwith order the party employing them to pay to the other party the amount of the reasonable expenses which the filing of the affidavits caused him to incur, including reasonable attorney's fees, and any offending party or attorney may be adjudged guilty of contempt.
Rule 56.07.Affidavits made in bad faith.
Current through June 18, 2026 · Last verified July 9, 2026
In one sentenceCR 56.07 requires a court to order a party who files a summary-judgment affidavit in bad faith or solely to delay the case to pay the other side's reasonable expenses, attorney's fees included, and lets the court hold the offending party or attorney in contempt.
Full Text of Rule 56.07
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
Rule 56.07 backstops the summary-judgment process set out in the rest of Rule 56. When a party supports or opposes a summary-judgment motion with an affidavit, the rule assumes that affidavit was made in good faith. If the court later finds an affidavit was filed in bad faith or filed only to stall the case, it must order the party who filed it to cover the other side's reasonable expenses caused by the affidavit, attorney's fees included.
The rule reaches beyond the party itself. The court may also hold the offending party or the attorney who submitted the affidavit in contempt. That gives judges a direct check on affidavits used as a tactic rather than as sworn testimony.
Frequently Asked Questions
What happens if someone files a bad-faith affidavit in a Kentucky summary-judgment fight?
The court must order the party who filed it to pay the other side's reasonable expenses caused by the affidavit, including attorney's fees.
Can an attorney be punished for a bad-faith summary-judgment affidavit, not just the client?
Yes. Rule 56.07 allows the court to adjudge the offending party or the attorney guilty of contempt.
Does this rule cover affidavits filed just to delay a case?
Yes. It applies to affidavits presented in bad faith or solely for the purpose of delay.
Source & verification. The rule text is reproduced verbatim from the
official Kentucky Rules of Civil Procedure (Ky. R. Civ. P. 56.07). 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: bad faith affidavit summary judgment Kentuckysanctions for false affidavitcontempt for bad faith affidavitattorney fees for bad faith affidavit CR 56.07affidavit filed to delay a casesummary judgment affidavit sanctions