Kentucky Motion-to-Vacate Deadlines
Kentucky's primary motion-to-vacate rule is Ky. CR 60.02. Ordinary grounds (mistake, inadvertence, surprise, excusable neglect) must generally be raised within 1 year (60.02(a-c)). Fraud grounds are more generous in Kentucky, and void-judgment attacks have no fixed time limit.
| Ground | Kentucky Deadline |
|---|---|
| Ordinary relief (mistake/neglect) | 1 year (60.02(a-c)) |
| Fraud | 1 year for perjury/falsified evidence (60.02(c)); reasonable time for other fraud (60.02(d)) |
| Void judgment (jurisdiction/service) | no fixed limit in Kentucky courts (60.02(e)) |
If your motion targets the ordinary window, it must be filed within 1 year (60.02(a-c)) of the judgment. The rule's text says motions on the remaining grounds must come within a "reasonable time," but Kentucky courts treat a void judgment as a legal nullity that can be attacked whenever it is discovered. Don't sit on a known defect anyway; the safest void motion is a prompt one.
Extrinsic vs Intrinsic Fraud in Kentucky
Kentucky writes the distinction into the rule itself: CR 60.02(c) covers perjury or falsified evidence (intrinsic fraud, subject to the 1-year limit), while CR 60.02(d) covers "fraud affecting the proceedings, other than perjury or falsified evidence" (extrinsic fraud, subject only to the reasonable-time standard).
The distinction matters because extrinsic fraud (fraud that prevented you from presenting your case) typically can be attacked at any reasonable time under Kentucky law, often via an independent equity proceeding. Intrinsic fraud (false evidence or perjury within the case) is usually bound by the ordinary window.
- Extrinsic examples: opposing party intentionally concealed your address to prevent service; bribed your lawyer; kept you from testifying.
- Intrinsic examples: perjured affidavit of amount owed; forged signed contract; false account statement.
If you have evidence of extrinsic fraud in Kentucky, you likely have a cause of action even after the ordinary vacatur window has closed.
Void Judgments - No Time Limit in Kentucky
A judgment is void (not merely voidable) when the court lacked:
- Personal jurisdiction - e.g., improper service, out-of-state defendant with insufficient minimum contacts.
- Subject-matter jurisdiction - e.g., state-court suit on exclusively federal claim.
- Due process compliance - e.g., no meaningful notice or opportunity to be heard.
Void judgments in Kentucky state court can be attacked at any time and are void as of their entry. Service defects (sewer service, no personal service attempt before publication, substitute service on someone not authorized) are by far the most common basis.
Federal court is different as of 2026. In Coney Island Auto Parts Unlimited, Inc. v. Burton, 607 U.S. ___ (decided January 20, 2026), the Supreme Court held that a void-judgment motion under FRCP 60(b)(4) must still be filed within a "reasonable time" under Rule 60(c)(1). That case arose from a bankruptcy adversary proceeding with defective mail service, so it applies directly to bankruptcy-court judgments. It does not bind Kentucky state courts, but it is one more reason to move quickly once you learn of a service defect.
FRCP 60 State Analog for Kentucky
Kentucky's Ky. CR 60.02 is the state analog of Federal Rule of Civil Procedure 60 (or FRCP 60(b) for relief from final judgments). In federal practice, FRCP 60(b) covers:
- (1) mistake, inadvertence, surprise, or excusable neglect
- (2) newly discovered evidence
- (3) fraud, misrepresentation, or misconduct
- (4) void judgment
- (5) satisfied judgment
- (6) any other reason that justifies relief
Kentucky's rule tracks this structure with variations noted above. If your case is in federal court (e.g., bankruptcy adversary proceeding), FRCP 60(b) applies directly, and after Coney Island Auto Parts v. Burton (2026) even a 60(b)(4) void-judgment motion must be filed within a reasonable time.
Stipulated Judgments in Kentucky
Kentucky treats stipulated judgments as final absent fraud, mutual mistake, or similar grounds.
Stipulated (consent) judgments are harder to vacate because they represent a contractual agreement. Kentucky courts generally require a showing of:
- Fraud. The other party lied about a material fact you relied on.
- Mutual mistake. Both parties were wrong about a material fact (e.g., amount owed was misstated).
- Duress or coercion. You signed under improper pressure or threat.
- Lack of capacity or authority. You could not legally consent, or the signing attorney lacked authority.
Ordinary remorse or change of mind will not vacate a stipulated judgment in Kentucky. See default vs consent judgments.
Kentucky Federal Bankruptcy Data
When a judgment cannot be vacated in Kentucky, bankruptcy's automatic stay halts collection and discharges the underlying debt. These FJC numbers show how Kentucky debtors use the bankruptcy remedy when state-court relief is unavailable.
Numbers below come from the Federal Judicial Center Integrated Database covering 1,692 consumer bankruptcy cases from Kentucky's federal bankruptcy courts.
| Chapter | Cases Filed | Discharge Rate | Dismissal Rate |
|---|---|---|---|
| Chapter 7 | 318 | 97.5% | 1.7% |
| Chapter 13 | 1,374 | 72.1% | 27.0% |
Rates computed on resolved cases only. Source: FJC Integrated Database.
Timeline for Filing Your Kentucky Motion
Speed matters in Kentucky. The typical timeline:
- Day 0. Judgment entered (or discovered by you).
- Day 1-14. Gather evidence - service records, correspondence, affidavits, meritorious defense documents.
- Day 15-30. Draft motion with supporting affidavit. Courts view delay as waiver.
- Day 30+. File motion, serve opposing party. Ask for a hearing.
For ordinary relief under Ky. CR 60.02, filing beyond 1 year (60.02(a-c)) is fatal. Use our motion template to stay ahead of the deadline.
When Bankruptcy Is the Cleaner Path
If the motion-to-vacate window has closed or your grounds are weak, bankruptcy remains effective. In Kentucky:
- Chapter 7 discharges the underlying debt within 90-120 days.
- Chapter 13 restructures the judgment debt over 3-5 years.
- Section 522(f) judicial lien avoidance strips judgment liens that impair exemptions.
- Section 362 automatic stay halts all collection activity on filing.
See 1328(f) refiling screener, Kentucky means test, and judgment after bankruptcy.