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

Ky. Rev. Stat. § 418.040 (2026)

Plaintiff may obtain declaration of rights if actual controversy exists

✓ current as of May 2026
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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.

Notes of Decisions
Cited in 236 cases (82 in the last 5 years), 1954–2026 · leading case: Hon George W. Davis III v. Hon Thomas D. Wingate Judge, Franklin Circuit Court Div. II, 437 S.W.3d 720 (Ky. 2014).
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Hon George W. Davis III v. Hon Thomas D. Wingate Judge, Franklin Circuit Court Div. II, 437 S.W.3d 720 (Ky. 2014). · cites it 8× “25 So, beyond cavil, the Franklin Circuit had jurisdiction over Rosen's declaratory action.”
Rose v. Council for Better Educ., Inc., 790 S.W.2d 186 (Ky. 1989). · cites it 4× “I agree in principle with the majority's opinion that the General Assembly has failed thus far to, "by appropriate legislation, provide for an efficient system of common schools throughout the State.”
Bowling v. Kentucky Dep't of Corr., 301 S.W.3d 478 (Ky. 2010). · cites it 4× “" Baze/Bowling I implicitly recognized what we now expressly hold, namely that a single declaratory judgment action pursuant to KRS 418.040 and the civil rules is the appropriate vehicle for determination of all issues regarding implementation of the death penalty which are not…”
Whitley v. Robertson Cnty., 406 S.W.3d 11 (Ky. 2013). · cites it 12× “1993), rather than the de novo adjudication of an original action for a declaratory judgment under KRS 418.040. Because the circuit treated the Appellants action as a de novo action for declaratory judgment, giving no deference to prior “findings” of a fiscal court action, the…”
W.B. v. Commonwealth, Cabinet for Health & Fam. Servs., 388 S.W.3d 108 (Ky. 2012). · cites it 6× “, an adult citizen residing in Jefferson County, Kentucky, appeals from a decision by the Court of Appeals which affirmed the Jefferson Circuit Court’s denial of his Petition for a Declaration of Rights pursuant to KRS 418.040. The petition sought a declaration that the…”
United Specialty Ins. Co. v. Cole's Place, Inc., 936 F.3d 386 (6th Cir. 2019). “Ky. Rev. Stat. § 418.040. Although such a declaration would provide USIC with the same remedy it seeks in federal court, the state remedy has the advantage of allowing the state court to apply its own law.”
Million v. Raymer, 139 S.W.3d 914 (Ky. 2004). · cites it 4× “"A petition for declaratory judgment pursuant to KRS 418.040 has become the vehicle, whenever Habeas Corpus proceedings are inappropriate, whereby inmates may seek review of their disputes with the Corrections Department.”
Foley v. Commonwealth, 306 S.W.3d 28 (Ky. 2010). · cites it 3× “Robert Carl Foley appeals from a Franklin Circuit Court order denying his petition for declaratory judgment pursuant to KRS 418.040. In his petition Foley sought to have Kentucky’s self-defense statutes as they existed at the time of his 1991 trial (and to the extent they now…”
Mammoth Med., Inc. v. Bunnell, 265 S.W.3d 205 (Ky. 2008). · cites it 4× “KRS 418.040 provides that in any action in a court of record 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 judgment.”
Bd. of Trs. v. Attorney Gen. of the Commonwealth, 132 S.W.3d 770 (Ky. 2003). · cites it 2× “The Board of Trustees of the JFRS filed this action in the Franklin Circuit Court for a declaratory judgment pursuant to KRS 418.040, requesting that the court declare HB 389(4) valid and judicially construe its meaning.”
Smith v. O'DEA, 939 S.W.2d 353 (Ky. Ct. App. 1997). · cites it 3× “Smith petitioned for a declaration of rights pursuant to KRS 418.040 and moved for findings and conclusions pursuant to CR 52.”
Commonwealth Ex Rel. Conway v. Thompson, 300 S.W.3d 152 (Ky. 2010). · cites it 2× “[28] KRS 418.040 ("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…”
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