Could a Kentucky constable serve court papers in a different county?

Short answer No. The AG concluded that a Kentucky constable could serve process anywhere in the constable's own county, but had no authority to serve it in another county. An officer from the other county could serve the papers.
State
Kentucky
Opinion
OAG 96-29
Issued
July 11, 1996
Issued by
A. B. Chandler III, Attorney General of Kentucky
Requested by
Zack N. Womack

Apply this to your situation

This page answers the general question as of 1996. Ask about yours and see what current Kentucky law means for your facts, with citations you can check.

Disclaimer: This is an official Kentucky Attorney General opinion. AG opinions are advisory and are not binding court precedent. This page is informational and is not legal advice.
About this page: The plain-English summary, reader guidance, and Q&A below were written by Ezel based on the official AG opinion. The original opinion (linked on this page) is the authoritative source for any reliance.

Plain-English summary

In 1996, Kentucky's Attorney General concluded that a constable could not serve legal process outside the county in which the constable held office. Section 101 of the Kentucky Constitution made a constable's jurisdiction coextensive with the county, and KRS 70.350(2) allowed the duties of the office to be exercised anywhere within it. Neither gave the constable power across the county line.

The AG explained that an officer's powers must be expressly conferred or necessarily implied. It found neither basis for out-of-county service. If papers needed to reach someone in another county, the opinion said an officer from that county could serve them.

Currency note

This opinion was issued in 1996. Subsequent statutory amendments, court decisions, or later AG opinions may have changed the analysis. Treat this page as historical context, not current legal advice. Verify current law before relying on any specific rule, deadline, or remedy mentioned here.

Historical summary

Constables

The AG followed earlier opinions saying a constable could serve process in any part of the constable's county. It rejected service outside that county because no statute or necessary implication supplied the authority.

People arranging service

For a party residing elsewhere, the opinion identified service by an officer from that other county. It did not decide any other method of service or procedure for forwarding papers.

Common questions

Could a constable serve papers anywhere within the county?

Yes. The AG read KRS 70.350(2) to allow the duties of the office throughout the county.

Could the same constable cross into another county to serve them?

No. The AG found no express or necessarily implied authority for that.

Who could serve a party in another county?

The opinion said an officer from that county could serve the process.

Background and statutory framework

The AG applied Section 101 of the Kentucky Constitution, KRS 70.350(2), and two earlier AG opinions. It cited Blue Boar Cafeteria Co. v Hackett for the rule limiting a public officer to conferred or necessarily implied powers.

Citations and references

  • Section 101 of the Kentucky Constitution: county-wide jurisdiction of constables.
  • KRS 70.350(2): duties may be exercised in any part of the county.
  • Blue Boar Cafeteria Co. v Hackett, 312 Ky 288, 227 SW2d 199, 201 (1950).

Source

Original opinion text

OAG 96-29

July 11, 1996

Subject: Service of process by constables

Written by: Ross T. Carter

Requested by: Zack N. Womack

Syllabus: A constable may not serve process outside his county

OAGs cited: OAG 70-614 (followed); OAG 78-207 (followed)

Statutes construed: KRS 70.350

Opinion of the Attorney General

The question is whether a constable may serve process outside his county. The answer is no.

Section 101 of the Constitution of Kentucky states that the jurisdiction of constables is coextensive with the counties in which they reside. That constitutional directive is implemented in KRS 70.350(2), which states that a constable may exercise the duties of his office in any part of the county.

We said in OAG 78-207 that because a constable's jursidiction is coextensive with the county, he may perform his duties in any part of the county. We said in OAG 70-614 that a constable may serve process in any part of the county.

The powers of a public officer are limited to those expressly conferred or necessarily implied. Blue Boar Cafeteria Co. v Hackett, 312 Ky 288, 227 SW2d 199, 201 (1950). There is no express authority for a constable to serve process in another county. We can find no such necessary implication deriving from a constable's duties. If the need arises to serve process on a party residing in another county, then an officer from that county may serve the process. It is therefore the opinion of the Attorney General that constables have no authority to serve process outside their own counties.

A. B. Chandler III

Attorney General

Ross T. Carter

Assistant Attorney General

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