FREE KY Bar Civil Procedure Questions and Answers
What is the standard for a motion for summary judgment in Kentucky civil procedure?
A motion for summary judgment is granted when there is no genuine dispute over any material facts and the moving party is entitled to judgment based on the law. This standard helps avoid unnecessary trials when the facts are clear.
Under Kentucky Rules of Civil Procedure, when can a defendant file a motion to dismiss for failure to state a claim upon which relief can be granted?
A defendant can file a motion to dismiss for failure to state a claim within 30 days after service of the complaint. This motion challenges the sufficiency of the plaintiff's allegations to support a legal claim.
In Kentucky, what is the time limit for filing a complaint in a civil action?
In Kentucky, the plaintiff must file a complaint within 90 days after the initiation of a civil action. This is governed by the Kentucky Rules of Civil Procedure (CR) and ensures timely adjudication of disputes.
What is the purpose of a "discovery" in Kentucky civil procedure?
Discovery is the pre-trial process where parties exchange evidence and information relevant to the case. This helps each side prepare for trial and promotes fair adjudication by ensuring both parties have access to relevant facts.
What is the rule regarding service of process in Kentucky civil cases?
In Kentucky, service of process generally must be made by a process server or sheriff. Proper service ensures that the defendant is formally notified of the lawsuit and has an opportunity to respond.