(1) All trials upon the merits, except as provided in Rule 43.04, shall be conducted in open court and, so far as convenient, in a regular court room. All other acts or proceedings, except jury trials, may be done or conducted by a judge in chambers without the attendance of the clerk or other court officials, and at any place either within or without the judicial district; but no hearing, other than one ex parte, shall be conducted outside the judicial district without the consent of all parties affected thereby.
Rule 77.02.Trials and hearings -- Orders in chambers -- Review of trial dockets.
Current through June 18, 2026 · Last verified July 9, 2026
In one sentenceRule 77.02 requires trials on the merits to happen in open court, permits judges to handle other matters in chambers without the clerk present, restricts hearings held outside the judicial district without party consent, and requires trial courts to review stale dockets annually and dismiss inactive cases after notice.
Full Text of Rule 77.02
(2) At least once each year trial courts shall review all pending actions on their dockets. Notice shall be given to each attorney of record of every case in which no pretrial step has been taken within the last year, that the case will be dismissed in thirty days for want of prosecution except for good cause shown. The court shall enter an order dismissing without prejudice each case in which no answer or an insufficient answer to the notice is made.
Amendment History
(Amended October 14, 1977, effective January 1, 1978; amended July 12, 1989, effective August 28, 1989.)
Plain-English Summary
Rule 77.02 splits the courtroom from the judge's chambers. Trials on the merits must happen in open court, and so far as convenient, in a regular courtroom, except as Rule 43.04 provides otherwise. But most other business in a case -- any act or proceeding that isn't a jury trial -- can happen in chambers, without the clerk or other court officials present, and the judge can handle it from anywhere inside or outside the judicial district. The one limit: a hearing outside the district that isn't ex parte needs the consent of every party it affects.
The second part pushes trial courts to clear stale cases off their dockets. At least once a year, the court reviews every pending case. If a case has sat for a year without any pretrial step, the court notifies the attorney of record that the case will be dismissed in thirty days unless someone shows good cause to keep it alive. If no answer comes in, or the answer doesn't hold up, the court dismisses the case without prejudice.
Frequently Asked Questions
Can a judge hold a hearing in chambers instead of a courtroom?
Yes, for anything other than a trial on the merits or a jury trial. Rule 77.02 lets a judge conduct other acts or proceedings in chambers, without the clerk or other court officials present, from any location inside or outside the judicial district.
Can a hearing be held outside the county or judicial district?
Rule 77.02 permits it, but if the hearing isn't ex parte, every party affected by it has to consent before it can be held outside the judicial district.
Can a case get dismissed for sitting untouched too long?
Yes. Rule 77.02 requires trial courts to review their dockets at least once a year, notify the attorney of record in any case with no pretrial step in the last year, and dismiss the case without prejudice in thirty days unless good cause is shown to keep it open.
Source & verification. The rule text is reproduced verbatim from the
official Kentucky Rules of Civil Procedure (Ky. R. Civ. P. 77.02). 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: CR 77.02trial in open court Kentuckyjudge hearing in chambers Kentuckydismissal for want of prosecution Kentuckyannual docket review Kentucky courtsKentucky Rule of Civil Procedure 77.02