Kentucky Service of Process Rules
Kentucky
State Serve Rules
Additional Rules
Additional rules - TM
Clerk at time of filing suit, at direction of filer, makes service mail or transfer for service to authorized person (no specific age)
Affidavit
Notary
Not Required
Refusal service
No, leaving papers is considered personal service
Mailing
Mail for corporate substitute service
Not Required
Mail for substitue service
n/a
Minors, Incapacitated, and Jail
Incapacitated individuals + care/custody
Guardian if none, parent and if neither, person in state having control
Jail Care Custody Service
Facility-specific policy
Jail Personal Service
Facility-specific policy
Service to a minor
guardian if none, parent and if neither, person in state having control
Proof Specialists
Mirrors Fed Rules
No
M&O
Not required for service
Substitute Service Rules - Business / Entity
Corporate subservice at a residence
Not Permissible
Government substitute service
Yes, may serve a designated employee
Service of Corporate Person in charge
No, must serve agent/officer
Workplace substitute service
Not Permissible
Substitute Service Rules - Individuals
Due diligence prior to substitute service
n/a
Minimum age for substitute service
n/a
Residential substitute service
Not Permissible
Spousal Service
Not Permissible
Subpoena Personal Service Only?
Yes
Substitute serve by posting (Nail & Mail)
Not permissible, must serve documents
When and where can you serve?
Endorcing the Summons prior to serving
Not required
Serve at a nursing home
Client policy
Sunday Service
Permissible
Eviction Summons Rules
Additional Rules - Eviction Summons
Additional rules - TM
Sheriff only
Mailing
Certified Mail
n/a
Mail always?
n/a
Mail if posted
n/a
Mail if subserve
n/a
Posting Rules
Due Diligence Prior to Posting
n/a
Posting
n/a
Eviction Posting Rules
Affidavit
Notary for Notice
Not required
Mailing
Certified Mail
No
Mail always?
No
Mail SLA
3
Proof Specialists
Server/Marshal Required?
Sheriff
**By Whom Served.** Cause the summons and complaint … to be transferred for service to any person authorized…to deliver them, who shall serve [the documents], and his return endorsed thereon shall be proof of the time and manner of service.
**Personal Service, Individuals.** Service shall be made upon an individual within this Commonwealth … by delivering a copy of the summons and complaint to him person-ally…or…to an agent authorized by appointment or by law to receive service of process for such individual.
**Corporations.** Service shall be made upon a corporation by serving an officer or managing agent thereof .. or any other agent authorized by appointment or by law to receive service on its behalf.
**Case Note.** A company is not required by law to admit into its plant or shop a constable, deputy sheriff or any official qualified under the law to serve civil process for the purpose of serving civil process on an employee, and furthermore, if such official stays after a request to leave, he or she could be trespassing, nor does it make a difference if the summons is in connection with a civil or divorce action. Opinion of the Attorney General 79-123.
**Subpoena.** A subpoena may be served by any person over 18 years of age, and the affidavit endorsed thereon by such person shall be proof of service… Service of the subpoena shall be made by delivering a copy thereof to the person to whom it is directed.
**Return of Service.** Proof of service shall be made … by affidavit of the person making such service, upon or appended to the summons, stating the time and place of service and the fact that the individual served was personally known to him. Such service without an appearance shall not authorize a personal judgment…
