Kentucky Motion to Dismiss

Introduction

Key Things to Know

1. 1

   Kentucky's vehicle is a motion to dismiss under Ky. R. Civ. P. 12.02, cited as CR 12.02. Kentucky uses decimal rule numbering, so the failure-to-state-a-claim ground is CR 12.02(f), not the federal 12(b)(6).

2. 2

   CR 12.02 lists defenses a defendant may raise by motion at the pleader's option, mapping to subsections (a) through (g): (a) lack of subject-matter jurisdiction, (b) lack of personal jurisdiction, (c) improper venue, (d) insufficiency of process, (e) insufficiency of service of process, (f) failure to state a claim upon which relief can be granted, and (g) failure to join a party under CR 19. Re-confirm exact subsection wording against the published rule before filing.

3. 3

   A CR 12 motion is made before the responsive pleading where a further pleading is permitted, so it falls within the answer window: 20 days after service of the summons under CR 12.01. Serving the motion suspends that 20-day answer clock.

4. 4

   If the court denies the motion, the defendant must serve the answer within 10 days after entry of the court's order under CR 12.01. This is a 10-day clock from the order, not a fresh 20 days.

5. 5

   Any motion to dismiss should be accompanied by a brief statement of the grounds with citation of authorities; the motion form is governed by CR 7.02 (motions in writing stating the grounds and the relief sought). No statewide page limit was found, and brief and format details are set by local rule and vary by circuit or district, so check the local rules of the court where you file.

6. 6

   The most common ground is CR 12.02(f), failure to state a claim upon which relief can be granted, which tests the legal sufficiency of the complaint.

7. 7

   File in Circuit Court when the amount in controversy exceeds $5,000, and in District Court when it does not, under KRS 24A.120. Many local rules also require a separate proposed order with the motion; confirm the rule for your filing court.

Kentucky Requirements for Motion to Dismiss

• File within the 20-day answer window

  A CR 12 motion must be made before the responsive pleading where a further pleading is permitted, so it is filed within the answer window: 20 days after service of the summons under Ky. R. Civ. P. 12.01. Serving the motion suspends the 20-day answer clock.

• Calculate your 20 days from the service date

  Confirm the date the summons and complaint were served on you. The 20-day window under CR 12.01 runs from that service date. Miss it without filing the motion and you risk a default judgment.

• Select your CR 12.02 grounds

  Identify which CR 12.02 grounds apply, mapping to subsections (a) through (g): (a) lack of subject-matter jurisdiction, (b) lack of personal jurisdiction, (c) improper venue, (d) insufficiency of process, (e) insufficiency of service of process, (f) failure to state a claim upon which relief can be granted, or (g) failure to join a party under CR 19. Re-confirm exact subsection wording against the published rule.

• Consider the CR 12.02(f) failure-to-state-a-claim ground

  The most common ground is CR 12.02(f), failure to state a claim upon which relief can be granted. It tests the legal sufficiency of the complaint rather than the underlying facts.

• Attach a brief statement of grounds and citation of authorities

  Under the cited local rule, a motion to dismiss should be accompanied by a brief statement of the grounds with citation of authorities relied upon, and the motion form is governed by CR 7.02. No statewide page limit was found; page limits and format are set by local rule and vary by circuit and district. Check the local rules of the court where you file and conform the brief accordingly.

• Tender a proposed order if your local rules require one

  Proposed-order practice is common across Kentucky circuits but is set by local rule, not a statewide Civil Rule. Under the cited local rule, no motion is accepted for filing unless accompanied by a separate proposed order. Confirm the rule for your filing court and tender a proposed order if required.

• Track the 10-day answer clock if the motion is denied

  If the court denies the motion to dismiss, the defendant must serve the answer within 10 days after entry of the court's order under CR 12.01. This is a 10-day clock from the order, not a fresh 20 days.

• File in the correct trial court and serve the other party

  File in Circuit Court when the amount in controversy exceeds $5,000, and in District Court when it does not, under KRS 24A.120. File with the clerk of the court where the action is pending, serve a copy on the plaintiff or plaintiff's counsel, and include a certificate of service. Notice and motion-hour mechanics vary by local rule.