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Filing Pseudonymously: Kentucky

Contents

  1. Kentucky

  1. Kentucky

    1. Caselaw

      One reported case provides a possible analogy for other plaintiffs seeking pseudonymity:

      • Doe v. Golden & Walters, PLLC, 173 S.W.3d 260 (Ky. Ct. App. 2005) – Doe plaintiffs claim legal malpractice against Defendant arising from federal district court cases based on alleged sexual abuse of Does when they were minors. The federal cases were captioned with the Doe pseudonym. The Kentucky court notes: “All of the named plaintiffs in the instant case actually filed using John Doe or Jane Doe pseudonyms, as did the named plaintiffs in Doe I, Doe II, and Doe III,” the federal cases from which the malpractice claim arose. Id. at 263 n.8.

      Other cases have tacitly allowed pseudonymous plaintiffs:

      • Doe v. Roman Catholic Diocese of Covington, No. 03-CI-00181, 2006 WL 250694 (Ky. Cir. Ct. 2006) – Does, representing a class, bring suit against Defendant for abuse suffered by Does when they were minors. No discussion of pseudonym.

    2. Filing Requirements & Availability of Court Records KY. CR RULE 10.01 (2009): Caption – Names of Parties

      Every pleading shall have a caption setting forth the name of the court, the style of the action, the file number, and a designation as in Rule 7.01. In the complaint the style of the action shall include the names of all the parties, but in other pleadings it is sufficient to state the name of the first party on each side with an appropriate indication of other parties.

      Kentucky Supreme Court Opinions, both published and unpublished, are searchable at the Kentucky Court of Justice website (last visited Apr. 20, 2010).

    3. Relevant Statutes

      For confidentiality of juvenile court records, see KY. REV. STAT. ANN. § 610.340 (2010).

      Other confidentiality/expungement statutes include: KY. REV. STAT. ANN. § 202B.180 (2010) (mental retardation admission); KY. REV. STAT. ANN. § 202A.091 (2010) (hospitalization of the mentally ill).

      • See also KY. REV. STAT. ANN. § 214.625 (2010) [AIDS: Confidentiality]:

        (10). A person allowed access by a court order which is issued in compliance with the following provisions: . . . (b). Pleadings pertaining to disclosure of test results shall substitute a pseudonym for the true name of the subject of the test. The disclosure to the parties of the subject's true name shall be communicated confidentially, in documents not filed with the court . . . .

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