2014 Kentucky Revised Statutes
CHAPTER 418 - SUMMARY PROCEEDINGS -- DECLARATORY JUDGMENTS
418.075 Necessary parties -- Notice to Attorney General in proceedings and appeals -- Notice to Legislative Research Commission -- Consent to suit required for certain actions involving legislative branch.
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<![CDATA[418.075 Necessary parties -- Notice to Attorney General in proceedings and
appeals -- Notice to Legislative Research Commission -- Consent to suit
required for certain actions involving legislative branch.
When declaratory relief is sought, all persons shall be made parties who have or
claim any interest which would be affected by the declaration, and no declaration
shall prejudice the rights of persons not parties to the proceeding.
(1) In any proceeding which involves the validity of a statute, the Attorney General
of the state shall, before judgment is entered, be served with a copy of the
petition, and shall be entitled to be heard, and if the ordinance or franchise is
alleged to be unconstitutional, the Attorney General of the state shall also be
served with a copy of the petition and be entitled to be heard.
(2) In any appeal to the Kentucky Court of Appeals or Supreme Court or the
federal appellate courts in any forum which involves the constitutional validity
of a statute, the Attorney General shall, before the filing of the appellant's brief,
be served with a copy of the pleading, paper, or other documents which initiate
the appeal in the appellate forum. This notice shall specify the challenged
statute and the nature of the alleged constitutional defect.
(3) The Attorney General shall notify the Legislative Research Commission of:
(a) The receipt of a petition and the nature of any proceedings involving the
validity of a statute; and
(b) The entering of a final judgment in those proceedings, if the Attorney
General is a party to that action.
(4) Pursuant to Sections 43 and 231 of the Constitution of Kentucky, members of
the General Assembly, organizations within the legislative branch of state
government, or officers or employees of the legislative branch shall not be
made parties to any action challenging the constitutionality or validity of any
statute or regulation, without the consent of the member, organization, or
officer or employee.
Effective:June 24, 2003
History: Amended 2003 Ky. Acts ch. 152, sec. 1, effective June 24, 2003. -Amended 1996 Ky. Acts ch. 202, sec. 2, effective July 15, 1996. -- Transferred
1952 Ky. Acts ch. 84, sec. 1, effective July 1, 1953, from C.C. sec. 639a-9. -Created 1922 Ky. Acts ch. 83, sec. 9.
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