The office of the clerk with the clerk or deputy in attendance shall be open during business hours on all days except Sundays and legal holidays. All motions and applications in the clerk's office for issuing mesne process, for issuing final process to enforce and execute judgments, and for other proceedings which do not require allowance or order of the court are grantable of course by the clerk; but his action may be suspended or altered or rescinded by the court upon cause shown.
Rule 77.03.Clerk's office and orders by clerk.
Current through June 18, 2026 · Last verified July 9, 2026
In one sentenceRule 77.03 keeps the clerk's office open during business hours except Sundays and holidays, and authorizes the clerk to grant routine motions and applications, like issuing process, without a judge's order, subject to the court's power to suspend, alter, or rescind that action for good cause.
Full Text of Rule 77.03
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
Rule 77.03 sets the clerk's office hours: open for business every day except Sundays and legal holidays, with the clerk or a deputy in attendance. It also draws a line between what the clerk can do alone and what needs a judge. Routine matters -- issuing mesne process, issuing final process to enforce and execute a judgment, and other applications that don't call for the court's allowance or order -- the clerk grants as a matter of course, without waiting on a judge. But the court has the last word: on a showing of cause, it can suspend, alter, or rescind whatever the clerk did.
Frequently Asked Questions
What days is the clerk's office open in Kentucky?
Rule 77.03 requires the clerk's office to stay open during business hours every day except Sundays and legal holidays.
Does a clerk need a judge's approval to issue process?
Not for routine matters. Rule 77.03 lets the clerk grant motions and applications for issuing mesne process, issuing final process to enforce a judgment, and other proceedings that don't require the court's allowance or order, as a matter of course.
Can a judge overrule something the clerk did?
Yes. Rule 77.03 lets the court suspend, alter, or rescind the clerk's action upon a showing of cause.
Source & verification. The rule text is reproduced verbatim from the
official Kentucky Rules of Civil Procedure (Ky. R. Civ. P. 77.03). 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: CR 77.03Kentucky clerk office hoursclerk issue process without judgeclerk grant motions of course KentuckyKentucky Rule of Civil Procedure 77.03