Rule 60.02 shall not limit the power of any court to entertain an independent action to relieve a person from a judgment, order or proceeding on appropriate equitable grounds. Relief shall not be granted in an independent action if the ground of relief sought has been denied in a proceeding by motion under Rule 60.02, or would be barred because not brought in time under the provisions of that rule.
Rule 60.03.Independent actions.
Current through June 18, 2026 · Last verified July 9, 2026
In one sentenceRule 60.03 preserves a Kentucky court's power to hear an independent action for equitable relief from a judgment, order, or proceeding, but bars that relief if the same ground was already denied on a CR 60.02 motion or would be time-barred under CR 60.02.
Full Text of Rule 60.03
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
Alongside the motion practice in CR 60.02, Kentucky courts keep an older tool available: the independent action. CR 60.03 confirms that CR 60.02 does not limit a court's power to entertain a separate lawsuit seeking relief from a judgment, order, or proceeding on equitable grounds.
That power has limits built in. A court will not grant relief in an independent action if the same ground for relief was already raised and denied in a CR 60.02 motion, and it will not grant relief if the claim would be barred because it was not brought in time under CR 60.02. In other words, the independent action is not a way around CR 60.02's deadlines or a second chance at a ground already rejected.
Frequently Asked Questions
Can I file a separate lawsuit to set aside a judgment instead of a CR 60.02 motion?
Yes. CR 60.03 preserves a court's power to entertain an independent action to relieve a person from a judgment, order, or proceeding on equitable grounds.
Can I use an independent action to get around the one-year deadline in CR 60.02?
No. Relief will not be granted in an independent action if it would be barred because it was not brought in time under CR 60.02.
If my CR 60.02 motion was already denied, can I bring the same claim as an independent action?
No. Relief is not available in an independent action if the ground for relief was already denied in a proceeding by motion under CR 60.02.
Source & verification. The rule text is reproduced verbatim from the
official Kentucky Rules of Civil Procedure (Ky. R. Civ. P. 60.03). 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 60.03independent action to set aside judgment Kentuckyequitable relief from judgment Kentuckyget around CR 60.02 deadlineCR 60.03 explained