Kentucky Motion for Summary Judgment
Kentucky requires only 10 days' notice before a summary judgment hearing, and unlike most states sets no fixed number of days for the opposing party to respond: opposing affidavits are due any time before the day of the hearing.
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Introduction
A Kentucky motion for summary judgment is governed by Kentucky Rule of Civil Procedure 56.01 through 56.06, cited in practice as CR 56, which has not been amended since 1963 despite predating the modern federal rule. A claimant may move for summary judgment no earlier than 20 days after the action commences, unless the adverse party has already served its own summary judgment motion, in which case the claimant may move immediately; a defending party may move for summary judgment at any time, with no waiting period (CR 56.01, 56.02). Kentucky sets no statewide cutoff for how close to trial a motion may be filed; that cutoff, if any, comes from the individual circuit court's own scheduling order. The motion must be served at least 10 days before the hearing date, and that 10-day notice period is presumed to count calendar days under CR 6.01's general computation rule, although CR 56.03 itself does not say calendar or court days (CR 56.03). Unlike most states, Kentucky's rule sets no fixed number of days by which the opposing party must respond: the adverse party may serve opposing affidavits any time prior to the day of the hearing, and the only hard deadline in the statewide rule is the movant's 10-day advance notice (CR 56.03). A circuit court's own scheduling order commonly sets an additional opposition or reply deadline, so a respondent should confirm the local judge's briefing schedule rather than relying on CR 56 alone. The motion is granted only if the pleadings, depositions, answers to interrogatories, stipulations, admissions, and any affidavits show there is no genuine issue as to any material fact and the moving party is entitled to judgment as a matter of law (CR 56.03). A motion may be filed with or without supporting affidavits; any affidavit used must be made on personal knowledge, set out facts that would be admissible in evidence, show the affiant is competent to testify, and have sworn or certified copies of any paper it references attached to or served with it (CR 56.05). Kentucky has no statewide requirement for a separate statement of undisputed material facts and no statewide page limit. Partial summary judgment is not a separate procedure in Kentucky: CR 56.01 and 56.02 already authorize judgment on all or any part of a claim, counterclaim, or cross-claim, and CR 56.03 separately allows an interlocutory judgment on liability alone even when the amount of damages remains genuinely disputed. When a motion does not dispose of the whole case, CR 56.04 directs the court, if practicable, to specify which material facts are not genuinely controverted, and those facts are then deemed established at trial. Kentucky has no separately named no-evidence motion like Texas, but a defending party's right to move at any time without submitting affidavits functions similarly by forcing the claimant to come forward with evidence. This page covers a civil motion for summary judgment in a Kentucky circuit court. If you are testing the sufficiency of a complaint before answering it, see DocDraft's motion to dismiss page; if you are trying to undo a default judgment, see DocDraft's motion to set aside a default; a federal civil case follows Federal Rule of Civil Procedure 56, not CR 56, and is outside the scope of this page. Summary judgment is technical and is often lost on procedure rather than the merits, and a motion is not automatically granted just because the other side does not respond. Attorney review is available before you file or respond.
Key Things to Know
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A Kentucky summary judgment motion must be served at least 10 days before the hearing, presumed to be calendar days under CR 6.01, since CR 56.03 itself does not say calendar or court days; unlike most states, Kentucky's rule sets no fixed number of days for the opposing party to respond, only that opposing affidavits be served before the day of the hearing (CR 56.03).
- 2
If you were served with a Kentucky motion for summary judgment, do not assume you have a set number of days to respond: CR 56.03 lets you serve opposing affidavits any time up to the day of the hearing, but the circuit court's own scheduling order commonly sets an earlier opposition deadline, so confirm the local briefing schedule.
- 3
A Kentucky motion for summary judgment is not automatically granted just because the other side does not respond; the court must still find there is no genuine issue as to any material fact and that the movant is entitled to judgment as a matter of law (CR 56.03).
- 4
When a Kentucky summary judgment motion does not dispose of the whole case, CR 56.04 directs the court, if practicable, to specify which material facts exist without substantial controversy, and those facts are then deemed established at trial.
- 5
A claimant may move for summary judgment no earlier than 20 days after the action commences, unless the adverse party has already served its own summary judgment motion; a defending party may move at any time, with no waiting period (CR 56.01, 56.02).
- 6
A motion may be filed with or without supporting affidavits; Kentucky has no statewide separate statement of undisputed material facts and no statewide page limit, but any affidavit used must be on personal knowledge and show the affiant is competent to testify (CR 56.05).
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Partial summary judgment is built directly into CR 56.01 and 56.02, not a separate procedure, and CR 56.03 also allows an interlocutory judgment on liability alone even when damages remain disputed. This page does not cover a motion to dismiss, a motion to set aside a default judgment, or a federal court motion, which follows Federal Rule of Civil Procedure 56.
Key decisions before you file
Before you file a Motion for Summary Judgment in Kentucky, a few decisions shape the document: which option to choose and what each one means. The Motion for Summary Judgment guide walks through them.
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Kentucky Requirements for Motion for Summary Judgment
10-Day Notice Required Before Hearing
A Kentucky motion for summary judgment must be served at least 10 days before the time fixed for the hearing (CR 56.03); CR 56.03 does not say calendar or court days, and the period is presumed to count calendar days under CR 6.01.
No Fixed Statewide Response Deadline
Kentucky's statewide rule sets no fixed number of days for the opposing party to respond; the adverse party may serve opposing affidavits any time prior to the day of the hearing (CR 56.03).
Claimant Must Wait 20 Days Unless Adverse Party Already Moved
A claimant may move for summary judgment no earlier than 20 days after the action commences, unless the adverse party has already served its own summary judgment motion, in which case the claimant may move immediately (CR 56.01).
Defending Party May Move at Any Time
A defending party may move for summary judgment at any time, with no waiting period after the action commences (CR 56.02).
No Statewide Filing Cutoff Before Trial
Kentucky's statewide rule sets no cutoff for how close to trial a summary judgment motion may be filed; any such cutoff comes from the individual circuit court's own scheduling order (CR 56.01, 56.02).
No Genuine Issue of Material Fact Standard
Judgment is rendered only if the pleadings, depositions, answers to interrogatories, stipulations, admissions, and any affidavits show no genuine issue as to any material fact and that the moving party is entitled to judgment as a matter of law (CR 56.03).
Affidavits Optional But Must Meet CR 56.05 Requirements
A motion may be filed with or without supporting affidavits; any affidavit used must be made on personal knowledge, set out admissible facts, show the affiant's competence to testify, and have sworn or certified copies of any referenced paper attached to or served with it (CR 56.05).
No Separate Statement of Undisputed Facts Required
Kentucky has no statewide requirement for a standalone separate statement of undisputed material facts and no statewide page limit for a summary judgment motion (CR 56.01, 56.03).
Partial and Interlocutory Judgment Built Into CR 56
CR 56.01 and 56.02 authorize judgment on all or any part of a claim, counterclaim, or cross-claim, CR 56.03 allows an interlocutory judgment on liability alone when only damages remain disputed, and CR 56.04 lets the court specify undisputed facts when the whole case is not resolved.