Kentucky Statutes 411.620 – Required contents of complaint — Substantive status of pleadings
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(1) In any action exempted under KRS § 411.610(1), the complaint initiating the action shall state with particularity:
(a) The federal or state statute, regulation, or other law that was allegedly violated;
(b) The facts that allegedly constitute a material violation of the statute, regulation, or other law; and
(c) The facts that allegedly demonstrate that the violation proximately caused actual injury to the plaintiff.
(2) In any action exempted under KRS § 411.610(2), in addition to the pleading requirements of subsection (1) of this section, the complaint initiating the action shall state with particularity facts sufficient to support a reasonable inference that the violation was a knowing and willful violation.
(3) For the purposes of applying KRS § 411.600 to KRS § 411.640, the pleading requirements in this section are deemed part of the substantive law of this Commonwealth and not merely in the nature of procedural provisions.
Effective: June 20, 2005
History: Created 2005 Ky. Acts ch. 23, sec. 3, effective June 20, 2005.
(a) The federal or state statute, regulation, or other law that was allegedly violated;
Terms Used In Kentucky Statutes 411.620
- Action: includes all proceedings in any court of this state. See Kentucky Statutes 446.010
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Federal: refers to the United States. See Kentucky Statutes 446.010
- Plaintiff: The person who files the complaint in a civil lawsuit.
- State: when applied to a part of the United States, includes territories, outlying possessions, and the District of Columbia. See Kentucky Statutes 446.010
- Statute: A law passed by a legislature.
(b) The facts that allegedly constitute a material violation of the statute, regulation, or other law; and
(c) The facts that allegedly demonstrate that the violation proximately caused actual injury to the plaintiff.
(2) In any action exempted under KRS § 411.610(2), in addition to the pleading requirements of subsection (1) of this section, the complaint initiating the action shall state with particularity facts sufficient to support a reasonable inference that the violation was a knowing and willful violation.
(3) For the purposes of applying KRS § 411.600 to KRS § 411.640, the pleading requirements in this section are deemed part of the substantive law of this Commonwealth and not merely in the nature of procedural provisions.
Effective: June 20, 2005
History: Created 2005 Ky. Acts ch. 23, sec. 3, effective June 20, 2005.