Ky. Rev. Stat. » Chapter 453

Ky. Rev. Stat. § 453.010

Commonwealth not liable for costs; exception in civil actions

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No judgment for costs shall be rendered against the Commonwealth in any action prosecuted by or against the Commonwealth in its own right, unless specifically provided by statute; provided, however, that in any civil action filed in any court of competent jurisdiction by or against the Commonwealth of Kentucky, the costs may be paid by the Commonwealth when such costs are approved and allowed by the judge of the court in which the case was filed. Costs shall not exceed the fees allowed for similar services in other civil actions. Effective: July 15, 1982 History: Repealed 1982 Ky. Acts ch. 213, sec. 4, effective July 15, 1982; reenacted and amended 1982 Ky. Acts ch. ch. 393, sec. 53, effective July 15, 1982. -- Amended 1962 Ky. Acts ch. 176, sec. 1. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 885. Legislative Research Commission Note. Although this section was repealed in 1982 Acts Chapter 213, Section 4, it was specifically reenacted and amended in 1982 Acts Chapter 393, Section 53. Pursuant to KRS 446.100, the reenactment prevails.

Notes of Decisions
Cited in 10 cases (1 in the last 5 years), 1981–2022 · leading case: Commonwealth, Natural Resources & Environmental Protection Cabinet v. Stearns Coal & Lumber Co.
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Commonwealth, Natural Resources & Environmental Protection Cabinet v. Stearns Coal & Lumber Co. (1984) ky · cites it 2× “To the extent that KRS 453.010 conflicts with Section 242 of the Kentucky Constitution, the statute is invalid.”
Central Kentucky Drying Co. v. Commonwealth, Department of Housing, Buildings, & Construction (1993) ky · cites it 2× “Accordingly, we affirm such an assessment of costs as approved by the circuit court pursuant to KRS 453.010. STEPHENS, C.J., and COMBS, REYNOLDS and WINTERSHEIMER, JJ.”
Department for Human Resources v. Paulson (1981) kyctapp · cites it 2× “KRS 453.010 allows a trial judge to assess costs against the Commonwealth, but such costs shall not exceed the fees allowed for similar services in other civil actions.”
Kentucky Retirement Systems v. Foster (2010) kyctapp “KRS 453.010 provides that: No judgment for costs shall be rendered against the Commonwealth in any action prosecuted by or against the Commonwealth in its own right, unless specifically provided by statute; provided, however, that in any civil action filed in any court of…”
Department of Revenue v. D & W Auto Supply, Inc. (1981) kyctapp · cites it 2× “KRS 453.010 provides: No judgment for costs shall be rendered against the Commonwealth in any action prosecuted by or against the Commonwealth in its own right; provided, however, that in any civil action filed in any court of competent jurisdiction by or against the…”
Barrett v. Reynolds (1991) ky “KRS 453.010 provides: (1) No judgment for costs shall be rendered against the Commonwealth in any action prosecuted by or against the Commonwealth in its own right, unless specifically provided by statute; provided, however, that in any civil action filed in any court of…”
Commonwealth v. Coleman (1985) kyctapp · cites it 3× “Following a lengthy trial, and an unsuccessful appeal by the Cabinet, the appointed counsel successfully moved the lower court to award them attorney’s fees as costs against the Commonwealth under KRS 453.010. ’ The circuit court on March 29, 1985, entered an order awarding Wade…”
Cabinet for Human Resources v. Howard (1985) kyctapp “” Because the Cabinet is in fact the “plaintiff,” dependency actions are an exception to the general prohibition of KRS 453.010(1). *938 We are not persuaded that Bradshaw v.”
John B. Baughman v. Commonwealth of Kentucky, Energy and Environment Cabinet (2019) ky · cites it 4× “Baughman classifies the monies owed to him as “costs,” and relies on KRS 453.010, which states: 12 No judgment for costs shall be rendered against the Commonwealth in any action prosecuted by or against the Commonwealth in its own right, unless specifically provided by statute;…”
Mark Stonex v. Cailtlin Higinbotham (2022) kyctapp · cites it 2× “Considering generally whether the Commonwealth must pay filing fees, KRS 453.010 provides: No judgment for costs shall be rendered against the Commonwealth in any action prosecuted by or against the Commonwealth in its own right, unless specifically provided by statute;…”
— Ky. Rev. Stat. § 453.010(1) — 2 cases
Cabinet for Human Resources v. Howard (1985) kyctapp “” Because the Cabinet is in fact the “plaintiff,” dependency actions are an exception to the general prohibition of KRS 453.010(1). *938 We are not persuaded that Bradshaw v.”
Commonwealth v. Coleman (1985) kyctapp “Following a lengthy trial, and an unsuccessful appeal by the Cabinet, the appointed counsel successfully moved the lower court to award them attorney’s fees as costs against the Commonwealth under KRS 453.010. ’ The circuit court on March 29, 1985, entered an order awarding Wade…”
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