Section 13 - Electronic Service of Documents(1) Consent to electronic service through the eFiling system. (a) An eFiler who is listed as a party or counsel for a party in an existing action does not automatically consent to electronic service by registering with the eFiling system as described in Section 6 of these rules.(b) In order to consent to electronic service in a supported action, the eFiler must either electronically transmit to the court an Entry of Appearance or other eligible document using the eFiling system or if available, use a supported feature to give consent in multiple cases.(c) Electronic service through the eFiling system will not begin until the eFiler receives either an NCP accepting the transmitted document or a system confirmation from a supported feature as described in paragraph (b) above.(d) Electronic service through the eFiling system will not be made on parties who have not consented to electronic service as described in paragraph (b) above.(2) Transmission of an email generated by the eFiling system, containing the NEF and a hyperlink to the document, constitutes service under CR 5 and RAP 5. No other service on the parties who receive the email is required.(3) Parties must serve a copy of any eFiling in the manner required by CR 5 and RAP 5 on a party or other person entitled to service who has not consented to electronic service in accordance with subsection (1) of this Section. It is the responsibility of a party to review the list of eFilers who will receive electronic service as indicated by the eFiling system and determine whether any other persons require conventional service.(a) Counsel for a party who has consented to electronic service in accordance with subsection (1) of this Section will continue to receive the NEFs generated for the action until they have filed a proper withdrawal of appearance in the action and, if applicable, obtained an order allowing the withdrawal.(b) If a party who has electronically transmitted a document to the court using the eFiling system learns or has reason to know that the eFiling system did not generate and/or transmit an email with the NEF to another party or person who was entitled to service, then electronic service is not effective. To the extent service is required, the party must serve the eFiling by traditional methods pursuant to CR 5 or RAP 5 immediately upon discovering that the email was deficient or that transmission was otherwise unsuccessful.(4) Service of process. Electronic service of process is not permitted for purposes of obtaining jurisdiction over persons or property, i.e., CR 4 service, with the exception of the service of summons on a cross, counter, or third-party complaint where the defendant to such complaint is an eFiler who has already consented to receive electronic service in the action in accordance with subsection (1) of this Section. All other service of process must be effected in the traditional manner. The plaintiff or petitioner need not present the summons to the clerk along with the initiating document; the clerk will generate the summons and issue it as set out below in paragraphs (a) and (b). The summons shall bear the date and time indicated on the NEF, regardless of when the clerk processes the eFiling and issues an NCP. (a) Summonses will be issued as follows: (i) For service by certified mail under CR 4.01(1)(a), the clerk will issue the summons, and cause service of the summons and complaint to be made via certified mail;(ii) For service by the sheriff under CR 4.01(1)(b), the clerk will issue the summons and cause the summons and complaint to be transferred to the sheriff for service;(iii) For service by a process server or other authorized person under CR 4.01(1)(b), other than the sheriff, the summons will be issued by the clerk and electronically returned to the initiating party for service; or(iv) At the request of the initiating party, in accordance with CR 4.01(1)(c), the clerk will issue the summons and electronically return it to the initiating party for service.(v) For service by warning order attorney under CRs 4.05, 4.06, and 4.07, the party requesting the warning order attorney shall upload a copy of the affidavit as provided by CR 4.06. Such affidavits shall be filed as stand-alone documents and not included within the body of an initiating document or pleading. The clerk shall appoint a practicing attorney of the court to serve as warning order attorney for the defendant pursuant to CR 4.07. The eFiling system may assess a non-refundable deposit for the warning order attorney, which may or may not constitute the entirety of his or her legal fees under CR 4.07(6).(vi) For service of process through the Secretary of State in accordance with KRS 454.210, the clerk will issue the summons, and cause copies of the summons and attested copies of the initiating party's complaint to be transferred to the Secretary of State.(b) The return of service must be imaged in a PDF or PDF/A format and electronically transmitted to the court using the eFiling system by the party at whose request the summons was issued and served if proof of service is returned to that party.(5) Service of subpoenas. Subpoenas issued pursuant to CR 45 must be served as provided in CR 45.03(1) and not by use of the eFiling system. Notices required to be served on each party pursuant to CR 45.03(3) may be served electronically by mutual consent consistent with CR 5.02, but not via the court's eFiling system. Proof of service pursuant to CR 45.03(1) and RCr 7.02 may be electronically transmitted to the court using the court's eFiling system. (6) Certificate of Service. A certificate of service must be included with all eFilings. A certificate of service must show parties who received service and the manner in which they were served.(7) Additional time after electronic service. Electronic service under these rules is treated the same as service by mail under CR 6.05 for the purpose of adding three (3) days to the prescribed period.Ky. Admin. P. Ct. Justice. 13
Adopted by Order 2014-09, eff. 5/1/2014; amended by Order 2015-2, eff. 1/15/2015; amended by Order 2018-11, eff. 8/1/2018; amended by Order 2022-65, eff. 12/20/2022; amended by Order 2024-17, eff. 6/17/2024.