In pleading an official document or official act, it is sufficient to aver that the document was issued or the act done in compliance with law.
Rule 9.04.Official document or act.
Current through June 18, 2026 · Last verified July 9, 2026
In one sentenceA pleading that relies on an official document or an official act may aver that the document was issued or the act performed in compliance with law, without pleading the underlying facts that establish its validity.
Full Text of Rule 9.04
Amendment History
(Adopted effective July 1, 1953.)
Plain-English Summary
When a claim or defense turns on something an official did -- issuing a permit, recording a deed, entering an order -- Rule 9.04 spares the pleader from reciting every statute and procedural step that made the act lawful. It is enough to say the document was issued, or the act was done, in compliance with law.
This shorthand shifts the work downstream. If the opposing party thinks the official act was not lawfully done, that objection surfaces later, through a denial, a motion, or proof at trial -- not through a demand that the complaint or answer spell out the chain of authority behind every official document it relies on.
Frequently Asked Questions
Do I need to explain why an official act was valid?
No. Rule 9.04 lets a pleading state that a document was issued or an act was done in compliance with law, without detailing the legal basis for its validity.
What kinds of documents does this cover?
The rule refers to official documents or official acts generally -- things like government filings, recordings, or actions taken by public officers -- rather than listing specific categories.
Can the other side still challenge whether the act was lawful?
Yes. Rule 9.04 governs how the act is pleaded, not whether it can be disputed. The opposing party remains free to contest its validity through the normal course of the case.
Source & verification. The rule text is reproduced verbatim from the
official Kentucky Rules of Civil Procedure (Ky. R. Civ. P. 9.04). 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
Also known as: pleading an official document KentuckyCR 9.04averring compliance with lawpleading official acts of public officersshorthand for government records in pleadings