DocDraft Logo

Kentucky Motion to Dismiss

In Kentucky you move to dismiss under Ky. R. Civ. P. 12.02 within the 20-day answer window.

Introduction

In Kentucky you challenge a complaint before answering by filing a motion to dismiss under the Kentucky Rules of Civil Procedure, cited as CR 12.02. Kentucky numbers its civil rules with decimals, so the rule is CR 12.02, not the federal 12(b) style, and the failure-to-state-a-claim ground is CR 12.02(f). The rule lists defenses a defendant may raise by motion at the pleader's option, including lack of subject-matter jurisdiction, lack of personal jurisdiction, improper venue, insufficiency of process, insufficiency of service of process, failure to state a claim upon which relief can be granted under CR 12.02(f), and failure to join a party under CR 19. A CR 12 motion must be 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; if the court denies the motion, the answer is due within 10 days after entry of the order under CR 12.01. The motion form is governed by CR 7.02, and many local rules require a brief statement of the grounds with citation of authorities. Missing the window risks default judgment. DocDraft drafts a Kentucky-formatted motion to dismiss from your facts, with attorney review available before you file.

0/5000

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.

Key Decisions

Choosing the Grounds for Dismissal

Timing and Strategy

Filing and Serving the Motion

Customize your Motion to Dismiss Template with DocDraft

IN THE ______________ [CIRCUIT / DISTRICT] COURT ______________ COUNTY, COMMONWEALTH OF KENTUCKY

____________________________, Plaintiff,

 v.                                    Case No. ______________
                                       Division ____________

____________________________, Defendant.

DEFENDANT'S MOTION TO DISMISS UNDER CR 12.02

Comes now the Defendant, ____________________, and pursuant to Ky. R. Civ. P. (CR) 12.02 and CR 7.02, moves this Court for an order dismissing Plaintiff's Complaint. This motion is made before the service of a responsive pleading and within the time otherwise allowed for the answer under CR 12.01. The grounds for this motion are stated below and supported by the accompanying brief statement of grounds and citation of authorities.

GROUNDS FOR DISMISSAL

Defendant moves to dismiss on the following ground(s) enumerated in CR 12.02:

____ (a) lack of jurisdiction over the subject matter; ____ (b) lack of jurisdiction over the person; ____ (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; ____ (g) failure to join a party under CR 19.

[State the specific facts and basis for each ground checked above. Re-confirm the exact CR 12.02 subsection wording against the published rule before filing.]

BRIEF STATEMENT OF GROUNDS AND CITATION OF AUTHORITIES

[Set out the legal authorities and argument supporting dismissal. 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. No statewide page limit was found; page limits, fonts, and motion-hour timing are set by local rule and vary by circuit and district. Check the local rules of this court and conform this brief accordingly.]

WHEREFORE, Defendant respectfully requests that this Court dismiss Plaintiff's Complaint and grant such other and further relief as the Court deems just and proper.

Respectfully submitted,

[Name] [Address] [Telephone] / [Email] [Bar number, if represented by counsel] Defendant / Counsel for Defendant

[NOTE: Many Kentucky local rules require a separate proposed order to accompany the motion. Confirm the requirement for your filing court and tender a proposed order if required.]

CERTIFICATE OF SERVICE

I certify that a copy of the foregoing Motion to Dismiss was served upon ____________________, [Plaintiff / counsel for Plaintiff], at ____________________ by ____________________ [method of service] on this ____ day of ________, 20.

[Name]

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.

Frequently Asked Questions

File a written motion to dismiss under Ky. R. Civ. P. 12.02 before serving your answer, identifying which CR 12.02 grounds apply. Under CR 7.02 the motion must be in writing, state the grounds, and set out the relief sought. A CR 12 motion must be made before the responsive pleading where a further pleading is permitted. Many local rules require a brief statement of grounds with citation of authorities.

A CR 12.02 motion is filed within the answer window: 20 days after service of the summons under Ky. R. Civ. P. 12.01, because it must be made before the responsive pleading. Serving the motion suspends the 20-day answer clock. There is no separate longer deadline for the motion itself.

The defense raised most often is failure to state a claim upon which relief can be granted, which Kentucky numbers CR 12.02(f): even accepting the allegations as true, the complaint states no legal claim. Ky. R. Civ. P. 12.02 lists the defenses a defendant may raise by motion, also reaching lack of subject-matter jurisdiction, lack of personal jurisdiction, improper venue, insufficiency of process, insufficiency of service of process, and failure to join a party under CR 19. The grounds map to subsections (a) through (g).

No statewide meet-and-confer requirement was found as a precondition to filing a CR 12.02 motion to dismiss. Notice of the motion hearing must be served and the motion set on the court's civil motion docket, and those mechanics are governed by local rules that vary by circuit and district. Check the local rules of the court where your case is pending.

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 Ky. R. Civ. P. 12.01. This is a 10-day clock running from the date of the order, not a fresh 20-day answer window.

File in Circuit Court when the amount in controversy exceeds $5,000, and in District Court when it does not, under KRS 24A.120. Kentucky has a two-tier trial court split keyed to the $5,000 amount-in-controversy line. File with the clerk of the court where the action is pending.