(1) A written motion, other than one which may be heard ex parte, and notice of the hearing thereof shall be served a reasonable time before the time specified for the hearing, unless a specific period is fixed by these rules or by order of the court. Such an order may for cause shown be made on ex parte application.
Rule 6.04.For motions -- Affidavits.
Current through June 18, 2026 · Last verified July 9, 2026
In one sentenceRule 6.04 requires that written motions and hearing notice — other than motions heard ex parte — be served a reasonable time before the hearing, and sets affidavit timing: a supporting affidavit is served with the motion, while an opposing affidavit is served no later than one day before the hearing unless the court allows otherwise.
Full Text of Rule 6.04
(2) When a motion is supported by affidavit, the affidavit shall be served with the motion; and, except as otherwise provided in Rule 59.03, opposing affidavits may be served not later than one day before the hearing, unless the court permits them to be served at some other time.
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
Before a written motion can be heard, the other side needs fair warning. Rule 6.04 requires that the motion and notice of the hearing be served a reasonable time before the hearing date, unless some other rule or a court order sets a specific period instead. Motions that can properly be heard ex parte — without notice to the other side — fall outside this notice requirement, and a court may allow that kind of ex parte application for cause shown.
When a motion relies on an affidavit, that affidavit has to go out with the motion itself. The other side's opposing affidavits can come later — served no later than one day before the hearing — unless Rule 59.03 says otherwise or the court permits a different schedule.
Frequently Asked Questions
How much advance notice do I need to give before a motion hearing?
A reasonable time before the hearing, unless a specific rule or court order sets a different period. Motions properly heard ex parte are not subject to this notice requirement.
When do I have to serve an affidavit supporting my motion?
It has to be served along with the motion itself, not held back for later.
How late can I serve an affidavit opposing someone else's motion?
No later than one day before the hearing, unless Rule 59.03 applies or the court permits it to be served at some other time.
Source & verification. The rule text is reproduced verbatim from the
official Kentucky Rules of Civil Procedure (Ky. R. Civ. P. 6.04). 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
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