Trial counsel of record must be present in order to make binding stipulations and set firm hearing dates at all hearings. Alternate counsel may be designated only if that counsel is empowered to stipulate on matters and has counsel of record's office calendar information so that he may firmly bind counsel of record in event-setting and other decisions.
Rule 97.Presence of counsel.
Current through June 18, 2026 · Last verified July 9, 2026
In one sentenceRequires trial counsel of record, or an alternate who can bind counsel of record on stipulations and scheduling, to attend every hearing so binding stipulations and firm hearing dates can be set on the spot.
Full Text of Rule 97
Amendment History
(Adopted September 10, 1982, effective October 1, 1982.)
Plain-English Summary
Rule 97 keeps hearings from stalling because the lawyer who knows the case isn't in the room. It requires trial counsel of record to show up in person at hearings where the court will take binding stipulations or set firm hearing dates. A firm date, once set, holds the case to a schedule the court and the other side can rely on.
A lawyer who cannot attend may send someone else, but only if that alternate has real authority to strike stipulations for counsel of record and knows counsel of record's calendar well enough to commit to hearing dates without checking back later. An alternate who lacks that authority, or who has to call the office to confirm open dates, does not satisfy the rule.
The rule matters most in the Economical Litigation Docket, where cases move on compressed timelines. A court can hold a scheduling or status hearing and expect an answer that sticks, rather than a placeholder pending confirmation from someone who isn't there.
Frequently Asked Questions
Who has to attend a hearing under Kentucky CR 97?
Trial counsel of record must attend hearings where the court will take binding stipulations or set firm hearing dates. Someone else may appear instead, but only if that person can bind counsel of record to stipulations and has access to counsel of record's calendar to commit to dates.
Can another lawyer from the same office cover a hearing?
Yes, if that lawyer is empowered to make binding stipulations on counsel of record's behalf and has counsel of record's office calendar information so hearing dates set at the appearance will firmly bind counsel of record.
What happens if the attorney who appears cannot commit to a date?
Rule 97 is built around firm commitments made at the hearing. An appearance by someone without authority to bind counsel of record on stipulations or scheduling does not meet what the rule requires.
Source & verification. The rule text is reproduced verbatim from the
official Kentucky Rules of Civil Procedure (Ky. R. Civ. P. 97). 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: Kentucky CR 97presence of counsel Kentuckywho must attend a hearing Kentucky civil casealternate counsel hearing Kentuckyfirm hearing date Kentucky ELD