Kentucky: Civil Procedure, Foreclosure & UCC

Civil procedure in Kentucky

Civil cases in Kentucky state courts follow the Kentucky Rules of Civil Procedure (CR). Federal courts located in Kentucky follow the Federal Rules of Civil Procedure and their own local rules. Individual Kentucky courts also publish local rules, and judges may issue standing orders — read all of them before filing.

Our procedure library explains each federal motion and filing; look up the Kentucky equivalent in the state rules, because names, deadlines and forms can differ.

Foreclosure in Kentucky

The most common foreclosure process in Kentucky is judicial: the foreclosing party files a lawsuit and needs a court judgment before a sale. The main statute: KRS § 426.005; § 426.200 et seq..

Federal mortgage servicing rules also apply to most residential loans — see federal pre-foreclosure protections. Read the current statute for notice periods, redemption rights and deficiency rules.

The Uniform Commercial Code in Kentucky

Kentucky enacted the Uniform Commercial Code and codified it in KRS Chapter 355 (Uniform Commercial Code). When a page on Lawtopolis cites a UCC section such as § 3-301 or § 9-406, read the matching section of Kentucky’s enacted code, which may contain state-specific changes.

Research checklist

• Read the current state rules of civil procedure and the local rules of your court.
• Check the state judiciary’s self-help center and official forms.
• Read the state statutes that govern your type of case.
• Find binding decisions from the state’s appellate courts.
• Confirm each source is current before relying on it.

How to research a case in this state

To research your issue for a real matter, start with the primary sources. For example, read the statute, the rule and the documents in your own file. Then look for recent appellate decisions from your state, because they control how local courts read the law. After that, compare what you found with the federal rules that may also apply. Our state procedures guide and the Research Center can help you find and check each source.