If a party fails to comply with Rules 88 through 97, the trial judge may impose as appropriate any of the sanctions specified in Rule 37.02, in the same manner as if an order of the court had been violated.
Rule 96.Sanctions.
Current through June 18, 2026 · Last verified July 9, 2026
In one sentenceThis rule authorizes the trial judge to impose any Rule 37.02 sanction on a party who fails to comply with the Economical Litigation Docket rules, Rules 88 through 97, treating the failure as if a court order had been violated.
Full Text of Rule 96
Amendment History
(Adopted September 10, 1982, effective October 1, 1982.)
Plain-English Summary
Rule 96 gives the ELD teeth. If a party fails to comply with any of Rules 88 through 97 — the full set of Economical Litigation Docket provisions covering scope, scheduling, motions, depositions, interrogatories, document production, information exchange, the certificate of compliance, and the pretrial conference — the trial judge can impose any sanction listed in Rule 37.02. The rule treats noncompliance with these ELD provisions the same way it treats violation of a direct court order, even though no separate order was ever entered requiring compliance.
Frequently Asked Questions
What happens if I miss an ELD deadline or requirement in Kentucky?
Rule 96 lets the trial judge impose any sanction available under Rule 37.02 for failing to comply with Rules 88 through 97, treating the lapse as if a court order had been violated.
Does the court need to issue a separate order before sanctioning noncompliance with ELD rules?
No. Rule 96 applies Rule 37.02 sanctions to a failure to comply with Rules 88 through 97 in the same manner as if an order of the court had been violated, without requiring a separate order first.
Which rules can trigger sanctions under Rule 96?
Any of Rules 88 through 97, the full range of Economical Litigation Docket provisions, from scope and scheduling through discovery, information exchange, and the pretrial conference.
Source & verification. The rule text is reproduced verbatim from the
official Kentucky Rules of Civil Procedure (Ky. R. Civ. P. 96). 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: KY CR 96ELD sanctions Kentuckyeconomical litigation docket noncomplianceRule 37.02 sanctions ELDfailure to comply pretrial rules Kentucky