Ky. Rev. Stat. » Chapter 418
Kentucky Revised Statutes

Ky. Rev. Stat. § 418.020 (2026)

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

✓ current as of May 2026
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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.

Notes of Decisions
Cited in 33 cases, 1953–2020 · leading case: Appalachian Racing, LLC v. Fam. Trust Found. of Kentucky, Inc., 423 S.W.3d 726 (Ky. 2014).
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Appalachian Racing, LLC v. Fam. Trust Found. of Kentucky, Inc., 423 S.W.3d 726 (Ky. 2014). · cites it 11× “Together, as Joint-Petitioners, Appellants filed an action for a declaration of rights in the Franklin Circuit Court as an “agreed case” pursuant to KRS 418.020. The Petition requested the court to declare that: 1.”
Veith v. City of Louisville, 355 S.W.2d 295 (Ky. Ct. App. 1962). · cites it 8× “The suit was in the form of an agreed case under KRS 418.020 and sought a declaration of rights.”
Matthews v. Ward, 350 S.W.2d 500 (Ky. Ct. App. 1961). · cites it 4× “This is an agreed case prosecuted under KRS 418.020. The question concerns the validity of a contract between the Commonwealth (on behalf of the Department of Highways) and one of its employees in which the Commonwealth, in consideration of the employee’s transfer to a new work…”
Indus. Dev. Auth. v. E. Kentucky Reg'l Plan. Comm'n, 332 S.W.2d 274 (Ky. Ct. App. 1960). · cites it 2× “This was an agreed case submitted under KRS 418.020. It arose when the Commissioner of Finance refused to transfer funds to the Industrial Development Finance Authority created by the Act.”
Texas Am. Energy Corp. v. Citizens Fid. Bank & Trust Co., 736 S.W.2d 25 (Ky. 1987). · cites it 2× “Texas American requested and received an opinion that the gas is personal property and thus subject to a security interest.”
McConnell v. Commonwealth, 655 S.W.2d 43 (Ky. Ct. App. 1983). · cites it 3× “HAYES, Chief Judge: This is an agreed case submitted pursuant to KRS 418.020 in order to resolve the question of whether the infrared evidential breath tester technology qualifies as a “chemical test” within the meaning of KRS 186.”
S. Bell Tel. & Tel. Co. v. Commonwealth, 266 S.W.2d 308 (Ky. Ct. App. 1954). “This proceeding was filed prior to July 1, 1953, as an Agreed Case under Section 637, Carroll’s Civil Code, which is now embodied in KRS 418.020. The petition seeks a determination of whether or not, under the agreed facts, Southern Bell Telephone and Telegraph Company is…”
Griffin v. City of Bowling Green, 458 S.W.2d 456 (Ky. Ct. App. 1970). “This case was presented to the circuit court for determination upon an agreed statement as provided in KRS 418.020. The circuit court held that such an election would be void and of no effect and therefore that the election could not be held.”
City of Bowling Green v. Bd. of Educ., 443 S.W.2d 243 (Ky. Ct. App. 1969). “This is an agreed case submitted under authority of KRS 418.020. The action was instituted by the Board of Education of Bowling Green Independent School District against the City of Bowling Green, hereinafter referred to as “Board” and “City,” respectively.”
Gregory v. City of Lewisport, 369 S.W.2d 133 (Ky. Ct. App. 1963). “A citizen and taxpayer of the City of Lewisport, Kentucky, appearing on behalf *135 of himself and others similarly situated, joined with the city and with Harvey Aluminum, Incorporated, in submitting to the circuit court, under the procedure provided for in KRS 418.020,…”
Lámar v. Bd. of Educ. of Hancock Co. Sch. Dist., 467 S.W.2d 143 (Ky. Ct. App. 1971). · cites it 2× “In a class action (CR 23) the parties to this appeal submitted to the trial court certain questions in a proceeding authorized by KRS 418.020, a part of the Declaratory Judgment Act.”
Iroquois Post No. 229, Am. Legion v. City of Louisville, 279 S.W.2d 13 (Ky. Ct. App. 1955). “to the extraordinary relief sought in this action.”
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