Rule 99.04.No stay of proceedings.

Current through June 18, 2026 · Last verified July 9, 2026

In one sentenceSending a case to mediation does not pause the lawsuit itself; discovery and other proceedings keep moving unless the court orders a stay or the parties agree in writing to one.

Full Text of Rule 99.04

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Referral of a case to mediation shall not operate as a stay of discovery or other proceedings unless otherwise ordered by the court or agreed to in writing by the parties.

Amendment History

Plain-English Summary

A referral to mediation does not stop the rest of the case. Discovery keeps running, deadlines keep coming, and any other pending court proceedings continue on schedule.

The only way to pause the case during mediation is for the court to order a stay or for both parties to agree to one in writing. Without that order or agreement, work on the case continues alongside the mediation process.

Frequently Asked Questions

Does mediation pause my Kentucky court case?

No. Under CR 99.04, referral to mediation does not stay discovery or other proceedings unless the court orders a stay or the parties agree in writing to pause the case.

Can both sides agree to pause the case during mediation?

Yes. CR 99.04 allows the parties to agree in writing to a stay of proceedings while mediation is pending.

Do discovery deadlines still apply once a case is referred to mediation?

Yes. Unless the court orders otherwise or the parties agree in writing, discovery and other deadlines continue running during mediation.

Source & verification. The rule text is reproduced verbatim from the official Kentucky Rules of Civil Procedure (Ky. R. Civ. P. 99.04). 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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