(1) Immediately upon the entry in the trial court of a judgment, a final order, an order which affects the running of time for taking an appeal, or an order which by its terms is required to be served, the clerk shall serve a notice of the entry by mail in the manner provided in Rule 5 upon every party who is not in default for failure to appear. Service of notice of entry of any judgment or order under this rule may be waived by the filing of a writing signed by the party or his attorney of record.
Rule 77.04.Notice of entry of judgments and orders.
Current through June 18, 2026 · Last verified July 9, 2026
In one sentenceRule 77.04 requires the clerk to mail notice when a judgment or appeal-deadline order is entered, fixes the appeal clock to the docketed service date, lists orders that must carry notice of entry, and states that a missed notice doesn't void the judgment or extend appeal deadlines beyond RAP 3.
Full Text of Rule 77.04
(2) The clerk shall make a note in the case docket of the service required in paragraph (1) of this rule and the notation shall show the date of service. The date of the notation on the docket of the service of notice of entry, or the date of filing a waiver if prior thereto, shall be the date of entry for the purpose of fixing the running of the time for appeal under RAP 3.
(3) The trial court shall require in the order, service of notice of entry of all orders made under Rules 6.03 (2), 12.01, 12.05, 43.04, 50.02, 52.02, 54.02, 59, 62.01, 62.04, and RAP 20 and all orders heard ex parte, or any other order it deems advisable.
(4) Failure of the trial court to require service of notice of entry of any judgment or order under this rule or the failure of the clerk to serve such notice, or the failure of a party to receive notice, shall not affect the validity of the judgment or order, and does not affect the time to appeal or relieve or authorize the court to relieve a party for failure to appeal within the time allowed, except as permitted in RAP 3.
Amendment History
(Amended effective July 1, 1976; amended October 18, 1977, effective January 1, 1978; amended October 25, 2022, effective January 1, 2023.) KENTUCKY RULES ANNOTATED Copyright © 2026 by Matthew Bender & Company, Inc. a member of the LexisNexis Group. All rights reserved
Plain-English Summary
Rule 77.04 governs how parties learn that a judgment or order has been entered -- information that starts the clock running on an appeal. As soon as the trial court enters a judgment, a final order, an order that affects the running of time for taking an appeal, or an order that by its own terms must be served, the clerk mails notice of that entry to every party who isn't in default for failing to appear. A party can waive that notice by filing a signed writing.
The clerk notes the date of that service on the case docket, and that docketed date -- or the date a waiver is filed, if it comes first -- fixes the date of entry for computing the time to appeal under RAP 3. The appeal clock doesn't necessarily start the day the judge signs the order; it starts the day the clerk notes service, or files a waiver, in the docket.
The rule also lists specific kinds of orders where the trial court must require notice of entry: orders under Rules 6.03(2), 12.01, 12.05, 43.04, 50.02, 52.02, 54.02, 59, 62.01, and 62.04, orders under RAP 20, any order heard ex parte, and any other order the court thinks warrants it.
Finally, the rule builds in a safeguard against clerical slips undoing the substance of a case. If the trial court doesn't require notice, if the clerk doesn't send it, or if a party never receives it, none of that affects the validity of the judgment or order. It doesn't change the time to appeal, and it doesn't let a court excuse a late appeal, except to the extent RAP 3 allows.
Frequently Asked Questions
When does the clock start running on an appeal in Kentucky?
Under Rule 77.04, the date the clerk notes service of notice of entry on the case docket -- or the date a written waiver of notice is filed, if that comes first -- fixes the date of entry for computing the time to appeal under RAP 3.
What happens if the clerk never sends notice that a judgment was entered?
Rule 77.04 states that a clerk's failure to serve notice of entry, or a party's failure to receive it, doesn't affect the validity of the judgment or order and doesn't change the time to appeal, except as RAP 3 permits.
Can a party waive notice of entry of a judgment?
Yes. Rule 77.04 allows a party or their attorney of record to waive service of notice of entry by filing a signed writing, and the filing date of that waiver can fix the date of entry if it comes before the clerk's docketed service.
Source & verification. The rule text is reproduced verbatim from the
official Kentucky Rules of Civil Procedure (Ky. R. Civ. P. 77.04). 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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