The courts of this commonwealth shall be deemed always open for the purpose of filing any pleading or other proper paper, of issuing and returning mesne and final process, and of making and directing all interlocutory motions, orders and rules.
Rule 77.01.Courts always open.
Current through June 18, 2026 · Last verified July 9, 2026
In one sentenceRule 77.01 declares Kentucky's courts always open for filing pleadings and papers, issuing and returning process, and entering interlocutory motions, orders, and rules, so procedural deadlines don't hinge on a courtroom being in session.
Full Text of Rule 77.01
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 77.01 makes clear that Kentucky's courts don't shut down between sessions. A litigant can file a pleading or other proper paper, get mesne or final process issued and returned, or ask a judge to make or direct an interlocutory motion, order, or rule at any time -- the courts are deemed always open for those purposes. This matters because filing and procedural deadlines don't wait for a judge to be sitting on the bench or a formal term of court to be underway.
Frequently Asked Questions
Are Kentucky courts ever closed for filing documents?
No. Rule 77.01 states that Kentucky's courts are always open for filing pleadings and other proper papers, so a document can be filed even when court isn't formally in session.
Can a judge issue an interlocutory order outside a regular court term?
Yes. Rule 77.01 lists making and directing interlocutory motions, orders, and rules among the matters the courts are always open to handle.
What does 'always open' mean under Rule 77.01?
It means the courts are open for filing pleadings and papers, for issuing and returning mesne and final process, and for interlocutory motions, orders, and rules -- these procedural steps aren't tied to a specific term or session of court.
Source & verification. The rule text is reproduced verbatim from the
official Kentucky Rules of Civil Procedure (Ky. R. Civ. P. 77.01). 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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