{"data":{"id":"us-ky/krs-61.882","jurisdiction":"us-ky","citation":"KRS 61.882","heading":"Jurisdiction of Circuit Court in action seeking right of inspection -- Burden","body":"of proof -- Costs -- Attorney fees.\n(1) The Circuit Court of the county where the public agency has its principal place of\nbusiness or the Circuit Court of the county where t he public record is maintained\nshall have jurisdiction to enforce the provisions of KRS 61.870 to 61.884, by\ninjunction or other appropriate order on application of any person.\n(2) A person alleging a violation of the provisions of KRS 61.870 to 61.884 sha ll not\nhave to exhaust his remedies under KRS 61.880 before filing suit in a Circuit Court.\n(3) In an appeal of an Attorney General's decision, where the appeal is properly filed\npursuant to KRS 61.880(5)(a), the court shall determine the matter de novo. I n an\noriginal action or an appeal of an Attorney General's decision, where the appeal is\nproperly filed pursuant to KRS 61.880(5)(a), the burden of proof shall be on the\npublic agency. The court on its own motion, or on motion of either of the parties,\nmay view the records in controversy in camera before reaching a decision. Any\nnoncompliance with the order of the court may be punished as contempt of court.\n(4) Except as otherwise provided by law or rule of court, proceedings arising under this\nsection take precedence on the docket over all other causes and shall be assigned for\nhearing and trial at the earliest practicable date.\n(5) Any person who prevails against any agency in any action in the courts regarding a\nviolation of KRS 61.870 to 61.884 may, upon  a finding that the records were\nwillfully withheld in violation of KRS 61.870 to 61.884, be awarded costs,\nincluding reasonable attorney's fees, incurred in connection with the legal action. If\nsuch person prevails in part, the court may in its discretion  award him costs or an\nappropriate portion thereof. In addition, it shall be within the discretion of the court\nto award the person an amount not to exceed twenty -five dollars ($25) for each day\nthat he was denied the right to inspect or copy said public r ecord. Attorney's fees,\ncosts, and awards under this subsection shall be paid by the agency that the court\ndetermines is responsible for the violation.","path":["KRS Chapter 61"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=23066","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:49:16Z","sha256":"162bf209c0d5283a577dde73be2306e52631a07557af483c71f9c9bcd576047d","source_id":"us-ky","stale":false,"prev":"us-ky/krs-61.880","next":"us-ky/krs-61.884"},"notice":"GroundRules: Original legal text. Not legal advice."}