Ky. Rev. Stat. » Chapter 413
Kentucky Revised Statutes

Ky. Rev. Stat. § 413.250 (2026)

When action commences

✓ current as of May 2026
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An action shall be deemed to commence on the date of the first summons or process issued in good faith from the court having jurisdiction of the cause of action. Effective: October 1, 1942 History: Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2524.

Notes of Decisions
Cited in 46 cases (11 in the last 5 years), 1944–2025 · leading case: Bradford v. Bracken Cnty., 767 F. Supp. 2d 740 (E.D. Ky. 2011).
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Bradford v. Bracken Cnty., 767 F. Supp. 2d 740 (E.D. Ky. 2011). · cites it 8× “” KRS § 413.250. Correspondingly, Kentucky Rule of Civil Procedure (CR) 3 provides that “[a] civil action is commenced by the filing of a complaint with the court and the issuance of a summons or warning order thereon in good faith.”
Ken Isaacs v. Jeff Caldwell Member of Georgetown-Scott Cnty. Plan. Comm'n, 530 S.W.3d 449 (Ky. 2017). · cites it 2× “" Similarly, KRS 413.250 provides that "[a civil] action shall be deemed to commence on the date of the first summons or process issued in good faith from the court having jurisdiction of the cause of action.”
Nanny v. Smith, 260 S.W.3d 815 (Ky. 2008). · cites it 2× “” Nanny argues that she performed her duties, and that she should not be required to supervise the clerk.”
Riley v. Ohio Cas. Ins., 855 F. Supp. 2d 662 (W.D. Ky. 2012). · cites it 5× “” KRS § 413.250 (emphasis added). The statute does not contemplate a new date of commencement when subsequent service of process is issued for later defendants.”
Montgomery v. Milam, 910 S.W.2d 237 (Ky. 1995). · cites it 2× “The trial court, correctly, determined that these acts failed to comprise commencement of an action, in good faith, under KRS 413.250. Provisions of the Bankruptcy Code, as to an automatic stay, do not apply to judicial proceedings that may be initiated by the debtor.”
Wm. H. McGee & Co. v. Liebherr Am., Inc., 789 F. Supp. 861 (E.D. Ky. 1992). · cites it 2× “This rule is itself based on Ky.Rev.Stat.Ann. § 413.250, which provides: “An action shall be deemed to commence on the date of the first summons or process issued in good faith from the court having jurisdiction of the cause of action.”
Graham v. Harlin, Parker & Rudloff, 664 S.W.2d 945 (Ky. Ct. App. 1983). · cites it 2× “245, the applicable statute of limitation for professional mal *947 practice, and KRS 413.250, the statute defining when an action commences.”
Mills v. Curioni, Inc., 238 F. Supp. 2d 876 (E.D. Mich. 2002). “See Ky.Rev.Stat. Ann. § 413.250 and Rule 3 of the Kentucky Rules of Civil Procedure.”
Kelter v. WASP, Inc., 5 F. Supp. 3d 856 (W.D. Ky. 2014). · cites it 2× “Ky.Rev.Stat. § 413.250 (“An action shall be deemed to commence on the date of the first summons or process issued.”
Commonwealth, Nat. Resources & Env't Prot. Cabinet v. Kentucky Ins. Guar. Ass'n, 972 S.W.2d 276 (Ky. Ct. App. 1997). · cites it 2× “2d 318, 319 (1984), the Cabinet insists that the limitations statutes in KRS Chapter 413 generally are operative only within the sphere of judicial actions: KRS 413.250 provides that an action “shall be deemed to commence on the date of the first summons or process issued in…”
Norman v. Sundance Spas, Inc., 844 F. Supp. 355 (W.D. Ky. 1994). “KRS 413.250 (Michie 1982). 9 . Although § 1441(c) applied both to diversity and federal question cases, the 1990 amendment eliminated the removal of diversity cases under this section.”
Steadman v. Gentry, 314 S.W.3d 760 (Ky. Ct. App. 2010). “” In the case sub judice, using the guidance set forth above, Steadman commenced his action against Gentry on March 18, 2008, the date a summons was issued by the Barren Circuit Court. Clearly, this is outside the one-year time limitation established by KRS 413.”
Show all 46 citing cases →
— Ky. Rev. Stat. § 413.250(1) — 1 case
Boggs v. Bd. of Educ. of Fayette Cnty., Kentucky (E.D. Ky. 2024).
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