Kentucky Revised Statutes, Chapter 418 — Summary Proceedings -- Declaratory Judgments

Title XXXVII — Special Proceedings

Includes enactments through the 2026 Regular Session.

The KRS database was last updated on 2026-09-01.

Title XXXVII Special Proceedings

Chapter 418 Summary Proceedings -- Declaratory Judgments

418.005 Judgment may be obtained on motion.

A judgment may be obtained, on motion, by a surety against his principal or cosurety for money paid; by a client against his attorney for money collected or property received; by a party or officer against a surety for costs; and by a party against an officer for money collected or property received, and for the damages which such party is entitled to recover; and in all other cases specially authorized by statute; and the service of the notice shall be regarded as the commencement of the proceeding.

Effective: July 1, 1953

History: Transferred 1952 Ky. Acts ch. 84, sec. 1, effective July 1, 1953, from C.C. sec. 444.

418.010 Service and form of notice.

(1) Notice of such motion shall be served on the party against whom judgment is sought, at least ten (10) days before the motion is made. The motion and notice thereof shall be served by an officer authorized to serve a summons, and the service and return shall be made in the manner prescribed for service of summons by the Rules of Civil Procedure.

(2) The notice shall state the nature and grounds of the motion, and the day on which it will be made.

Effective: July 1, 1953

History: Transferred and amended 1952 Ky. Acts ch. 84, secs. 1 and 18, effective July 1, 1953, from C.C. secs. 445, 446.

418.015 No written pleadings required -- Judgment.

The motion may be heard and determined upon or without written pleadings, and judgment shall be given according to law and the rules of equity.

Effective: July 1, 1953

History: Transferred 1952 Ky. Acts ch. 84, sec. 1, effective July 1, 1953, from C.C. sec. 449.

418.020 Agreed case may be submitted to court -- Affidavit -- Proceedings.

Parties to a question which might be the subject of a civil action may, without action, state the question and the facts upon which it depends, and present a submission thereof to any court which would have jurisdiction if an action had been brought. But it must appear by affidavit that the controversy is real, and the proceedings in good faith, to determine the rights of the parties. The court shall, thereupon, hear and determine the case, and render judgment as if an action were pending.

Effective: July 1, 1953

History: Transferred 1952 Ky. Acts ch. 84, sec. 1, effective July 1, 1953, from C.C. sec. 637.

418.025 Record.

The case, the submission and the judgment shall constitute the record.

Effective: July 1, 1953

History: Transferred 1952 Ky. Acts ch. 84, sec. 1, effective July 1, 1953, from C.C. sec. 638.

418.030 Judgment -- Appeal.

The judgment shall be with costs, and may be enforced, and shall be subject to reversal, in the same manner as if it had been rendered in an action, unless otherwise provided in the submission.

Effective: July 1, 1953

History: Transferred 1952 Ky. Acts ch. 84, sec. 1, effective July 1, 1953, from C.C. sec. 639.

418.040 Plaintiff may obtain declaration of rights if actual controversy exists.

In any action in a court of record of this Commonwealth having general jurisdiction wherein it is made to appear that an actual controversy exists, the plaintiff may ask for a declaration of rights, either alone or with other relief; and the court may make a binding declaration of rights, whether or not consequential relief is or could be asked.

Effective: July 1, 1953

History: Transferred 1952 Ky. Acts ch. 84, sec. 1, effective July 1, 1953, from C.C. sec. 639a-1. -- Created 1922 Ky. Acts ch. 83, sec. 1.

418.045 Persons who may obtain declaration of rights -- Enumeration not exclusive.

Any person interested under a deed, will or other instrument of writing, or in a contract, written or parol; or whose rights are affected by statute, municipal ordinance, or other government regulation; or who is concerned with any title to property, office, status or relation; or who as fiduciary, or beneficiary is interested in any estate, provided always that an actual controversy exists with respect thereto, may apply for and secure a declaration of his right or duties, even though no consequential or other relief be asked. The enumeration herein contained does not exclude other instances wherein a declaratory judgment may be prayed and granted under KRS 418.040, whether such other instance be of a similar or different character to those so enumerated.

Effective: July 1, 1953

History: Transferred 1952 Ky. Acts ch. 84, sec. 1, effective July 1, 1953, from C.C. sec. 639a-2. --Created 1922 Ky. Acts ch. 83, sec. 2.

418.050 Action for declaration to be heard as motion.

Any action in which a declaration of rights or determination of questions of construction is the relief asked, may be docketed for early hearing as in the case of a motion.

History: Amended 1966 Ky. Acts ch. 255, sec. 272. -- Transferred 1952 Ky. Acts ch. 84, sec. 1, effective July 1, 1953, from C.C. sec. 639a-3. -- Created 1922 Ky. Acts ch. 83, sec 3.

418.055 Further relief based on declaratory judgment.

Further relief, based on a declaratory judgment, order or decree, may be granted whenever necessary or proper. The application therefor shall be by petition to a court having jurisdiction to grant the relief, either in the same proceeding wherein the declaratory judgment, order or decree, was entered, or, in an independent action. If the application be deemed sufficient, the court shall, on reasonable notice, require any adverse party whose rights have been adjudicated by the declaratory judgment, order or decree, to show cause why further relief should not be granted forthwith.

Effective: July 1, 1953

History: Transferred 1952 Ky. Acts ch. 84, sec. 1, effective July 1, 1953, from C.C. sec. 639a-4. -- Created 1922 Ky. Acts ch. 83, sec. 4.

418.060 Appeals.

Any party aggrieved by a declaratory judgment, order or decree, rendered in the Circuit Court, may take and perfect an appeal to the Court of Appeals in the manner provided in the Rules of Civil Procedure for appeals.

History: Amended 1976 Ky. Acts ch. 62, sec. 124. -- Transferred and amended 1952 Ky. Acts ch. 84, secs. 1 and 22, effective July 1, 1953, from C.C. sec. 639a-5. -- C.C. sec. 639a-5 amended 1922 Ky. Acts ch. 83, sec. 5.

418.065 When court may refuse to declare rights -- Scope of review -- Remand of case by appellate court.

The court may refuse to exercise the power to declare rights, duties or other legal relations in any case where a decision under it would not terminate the uncertainty or controversy which gave rise to the action, or in any case where the declaration or construction is not necessary or proper at the time under all the circumstances. The appellate court in its consideration of the case, shall not be confined to errors alleged or apparent in the record. When, in its opinion, further pleadings or proof is necessary to a final and correct decision of the matters involved, or that should be involved, it shall remand the case for that purpose; or if in its opinion the action is prematurely brought, or where a ruling in the appellate court is not considered necessary or proper at the time under all the circumstances, it may direct a dismissal without prejudice in the lower court.

Effective: July 1, 1953

History: Transferred 1952 Ky. Acts ch. 84, sec. 1, effective July 1, 1953, from C.C. sec. 639a-6. -- Created 1922 Ky. Acts ch. 83, sec. 6.

418.070 Costs.

The parties to a proceeding to obtain a declaratory judgment, order or decree, may stipulate with reference to the allowance of costs and in the absence of such stipulation the court may make such award of costs as may seem equitable and just.

Effective: July 1, 1953

History: Transferred 1952 Ky. Acts ch. 84, sec. 1, effective July 1, 1953, from C.C. sec. 639a-8. -- Created 1922 Ky. Acts ch. 83, sec. 8.

418.075 Necessary parties -- Notice to Attorney General in proceedings and appeals -- Notice to Legislative Research Commission -- Consent to suit required for certain actions involving legislative branch.

When declaratory relief is sought, all persons shall be made parties who have or claim any interest which would be affected by the declaration, and no declaration shall prejudice the rights of persons not parties to the proceeding.

(1) In any proceeding which involves the validity of a statute, the Attorney General of the state shall, before judgment is entered, be served with a copy of the petition, and shall be entitled to be heard, and if the ordinance or franchise is alleged to be unconstitutional, the Attorney General of the state shall also be served with a copy of the petition and be entitled to be heard.

(2) In any appeal to the Kentucky Court of Appeals or Supreme Court or the federal appellate courts in any forum which involves the constitutional validity of a statute, the Attorney General shall, before the filing of the appellant's brief, be served with a copy of the pleading, paper, or other documents which initiate the appeal in the appellate forum. This notice shall specify the challenged statute and the nature of the alleged constitutional defect.

(3) The Attorney General shall notify the Legislative Research Commission of:

(a) The receipt of a petition and the nature of any proceedings involving the validity of a statute; and

(b) The entering of a final judgment in those proceedings, if the Attorney General is a party to that action.

(4) Pursuant to Sections 43 and 231 of the Constitution of Kentucky, members of the General Assembly, organizations within the legislative branch of state government, or officers or employees of the legislative branch shall not be made parties to any action challenging the constitutionality or validity of any statute or regulation, without the consent of the member, organization, or officer or employee.

Effective: June 24, 2003

History: Amended 2003 Ky. Acts ch. 152, sec. 1, effective June 24, 2003. -- Amended 1996 Ky. Acts ch. 202, sec. 2, effective July 15, 1996. -- Transferred 1952 Ky. Acts ch. 84, sec. 1, effective July 1, 1953, from C.C. sec. 639a-9. -- Created 1922 Ky. Acts ch. 83, sec. 9.

418.080 Remedial purpose -- Construction.

KRS 418.040 to 418.090 is declared to be remedial; their purpose is to make courts more serviceable to the people by way of settling controversies, and affording relief from uncertainty and insecurity with respect to rights, duties and relations, and are to be liberally interpreted and administered.

Effective: July 1, 1953

History: Transferred 1952 Ky. Acts ch. 84, sec. 1, effective July 1, 1953, from C.C. sec. 639a-10. -- Created 1922 Ky. Acts ch. 83, sec. 10.

418.085 Definition of "person."

The word "person" wherever used in KRS 418.040 to 418.090, shall be construed to mean any person, partnership, joint stock company, incorporated association, or society, or municipal or other corporation of any character whatsoever.

Effective: July 1, 1953

History: Transferred 1952 Ky. Acts ch. 84, sec. 1, effective July 1, 1953, from C.C. sec. 639a-11. -- Created 1922 Ky. Acts ch. 83, sec. 11.

418.090 Repealer -- Effect of partial invalidity.

All statutes, or laws in conflict or inconsistent with the provisions of KRS 418.040 to 418.090, are hereby repealed. It is intended that KRS 418.040 to 418.090 shall be valid to the fullest extent possible; and that the invalidity, if any, of any part or feature thereof, shall not affect or render the remainder of KRS 418.040 to 418.090 invalid, or inoperative.

Effective: July 1, 1953

History: Transferred 1952 Ky. Acts ch. 84, sec. 1, effective July 1, 1953, from C.C. sec. 639a-12. -- Created 1922 Ky. Acts ch. 83, sec. 12.