(1) Upon complaint by a person aggrieved by a forcible entry or detainer to the District Court of the county in which the land or tenement, or a principal part thereof, lies, a warrant shall issue to the sheriff or any constable, in substance as follows: “The Commonwealth of Kentucky to the sheriff (or any constable) of …. county: Whereas, A B hath made complaint that C D and E F did, on the …. day of …., forcibly enter into (or forcibly detain from the said A B) one (1) house and field on the waters of …., in the county aforesaid (or other general description of the lands or tenements), which were in the peaceable possession of A B (or which the said C D and E F, tenants of the said A B, now hold against him): You are, therefore, commanded to summon a good and lawful jury of your county to meet on the premises, or at a place convenient thereto, on the …. day of …., to inquire into the forcible entry (or forcible detainer) aforesaid; and give to the said C D and E F at least three (3) days’ notice of the time and place of the meeting of the jury; and have then there this writ. Witness, etc.”
(2) In the trial of writs of forcible entry, forcible detainer or forcible entry and detainer, if neither party, in person or by agent or attorney, demand a jury, the trial thereof shall be by the court. No such writ shall hereafter direct the summoning of a jury, and the sheriff or other officer to whose hands such writ may come to do execution thereof shall not summon a jury in such proceedings, unless he be by either party notified in writing that a jury is demanded. At the calling of the cause for trial either party may demand a jury.
Effective: January 2, 1978
History: Amended 1976 (1st Extra. Sess.) Ky. Acts ch. 14, sec. 312, effective January
2, 1978. — Transferred 1952 Ky. Acts ch. 84, sec. 1, effective July 1, 1953, from
C.C. sec. 454. — Created 1888 Ky. Acts ch. 1336, secs. 1 and 2.