The Process Server (TPS) Comprehensive Guide to Kentucky Process Serving Rules and Procedures

Rule 4.01. Summons – Issuance – By Whom Served

• Upon filing a complaint, the clerk issues the required summons.
• Summons may be sent by registered or certified mail, return receipt requested.
• Personal delivery of the summons and complaint can be done by an authorized individual over 18 years of age.

Rule 4.02. Summons – Form

• Summons must be issued in the name of the Commonwealth, dated, and signed by the clerk.
• It should contain the court's name, the style and number of the action, and notify the defendant of the legal action filed against them.

Rule 4.03. Summons – Return

• Proof of service must be promptly made to the court within the required response time for the person served.

Rule 4.04. Personal Service – Summons and Initiating Document

• The summons and complaint must be served together.
• Service can be made by delivering a copy personally or to an authorized agent.
• Special provisions exist for serving minors, individuals of unsound mind, and corporations.

Rule 4.05. Parties Who May Be Constructively Served

• Constructive service may be ordered for non-residents, individuals who have left the state to avoid service, or those whose whereabouts are unknown.

Rule 45.01 to 45.03. Subpoenas

• Subpoenas must state the name of the court and the title of the action and command attendance or document production.
• Service can be made by any person over 18 years of age, and proof of service must be provided.