{"data":{"id":"us-ky/krs-452.005","jurisdiction":"us-ky","citation":"KRS 452.005","heading":"Venue for civil claims against the Commonwealth -- Change of venue --","body":"Certification of service on Attorney General -- Notice -- Legislative intent --\nRequirement of consent to be named as party -- Legislative immunity or\nprivilege. (See LRC Note below)\n(1) Except as provided in KRS 5.005 and 286.12 -135, and notwithstanding any other\nstatute to the contrary, the venue for any civil action that:\n(a) Challenges the constitutionality of a Kentucky:\n1. Statute;\n2. Executive order;\n3. Administrative regulation; or\n4. Order of any cabinet, program cabinet, or department established under\nKRS Chapter 12;\n(b) Includes a claim for declaratory judgment or injunctive relief; and\n(c) Is brought individually, jointly, or severally against:\n1. Any state official or state officer in his or her official capacity, including\nany public servant as defined in KRS 11A.010;\n2. Any body, subdivision, caucus, committee, or member of the General\nAssembly, or the Legislative Research Commission; or\n3. Any agency of the state as defined in KRS 11A.010;\nshall be as provided in this section and KRS 452.010 and 452.030.\n(2) (a) A plaintiff who is a resident of Kentucky shall file a complaint or petition in\nthe office of the Circuit Court clerk in the county whe re the plaintiff resides.\nIf more than one (1) plaintiff is a party to the action, the complaint or petition\nmay be filed in any county where any plaintiff resides.\n(b) A plaintiff who is not a resident of Kentucky shall file a complaint or petition\nin the Franklin Circuit Court.\n(3) The plaintiff shall certify in the complaint or petition filed under this section that a\ncopy of the complaint or petition has been served upon the Attorney General before\nor at the time of filing, and the Attorney General shall be entitled to be heard.\n(4) In any appeal to the Kentucky Court of Appeals or Supreme Court, or the federal\nappellate courts in any forum that involves the constitutional validity of a statute,\nexecutive order, administrative regulation, or order of any cabinet, program cabinet,\nor department established under KRS Chapter 12, the Attorney General shall,\nbefore the filing of the appellant's brief, be served with a copy of the pleading,\npaper, or other document that initiates the appeal in the appellate forum. This notice\nshall specify the challenged statute, executive order, administrative regulation, or\norder of a cabinet, program cabinet, or department established under KRS Chapter\n12, and the nature of the alleged constitutional defect.\n(5) The Attorney General shall notify the Legislative Research Commission of:\n(a) The receipt of a complaint or petition and the nature of any proceedings\ninvolving the validity of any statute or regulation, or order of a cabinet,\nprogram cabinet, or department established under KRS Chapter 12; and\n(b) The entering of a final judgment in those proceedings, if the Attorney General\nis a party to the action.\n(6) To protect the rights of the citizens of the Commonwealth of Kentucky as\nguaranteed by the Constitution of Kentucky, it is the intent of the General Assembly\nthat any action brought or pursued under this section be given priority and\nprosecuted in an expeditious manner.\n(7) Pursuant to Sections 43 and 231 of the Constitution of Kentucky, members of the\nGeneral Assembly, organizations within the legislative branch of state government,\nor officers or employees of the legislative branch shall not be made parties to any\naction challenging the constitutionality or validity of any statute or regulation,\nwithout the consent of the member, organization, or officer or employee.\n(8) Nothing in this section is intended to waive, nor shall it be interpreted or applied to\nwaive or abrogate in any way, any legislative immunity or legislative privilege of\nany body, subdivision, caucus,  committee, or member of the General Assembly, or\nthe Legislative Research Commission, as provided by the Constitution of Kentucky,\nKRS 418.075, any other statute of this Commonwealth, or federal or state common\nlaw.","path":["KRS Chapter 452"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=54613","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:59:56Z","sha256":"9b0e5cc40236b6eabcf018ecf324f852e416a8defe52ebd9b8173418e19231a8","source_id":"us-ky","stale":false,"prev":"us-ky/krs-451.220","next":"us-ky/krs-452.010"},"notice":"GroundRules: Original legal text. Not legal advice."}