 |
|
|
|
|
|
|
|
KENTUCKY
RULES OF CIVIL PROCEDURE CR 27.01 BEFORE ACTION (1) Petition. A person who resides in this state and expects to be a party to an action in a court hereof; or who, being a nonresident of this state, has an interest in real property herein, concerning which he expects to be a party to an action in a court hereof; and who desires to perpetuate the testimony of witnesses, may file in the circuit court of the county of the residence of any expected adverse party, or in which the real property is situated, a verified petition, entitled in the name of the petitioner, showing: (a) that the petitioner expects to be a party to an action cognizable in a court of this state but is presently unable to bring it or cause it to be brought; (b) the subject matter of the expected action and his interest therein; (c) the facts which he desires to establish by the proposed testimony and his reasons for desiring to perpetuate it; (d) the names or a description of the persons he expects will be adverse parties and their addresses so far as known; and (e) the names and addresses of the persons to be examined and the substance of the testimony which he expects to elicit from each, and shall ask for an order authorizing the petitioner to take the depositions of the persons to be examined named in the petition, for the purpose of perpetuating their testimony. (2) Notice and service. The petitioner shall thereafter serve a notice upon each person named in the petition as an expected adverse party, together with a copy of the petition, stating that the petitioner will apply to the court, at a time and place named therein, for an order described in the petition. At least 20 days before the date of hearing the notice shall be served either within or without the county in the manner provided in Rule 4 for service of summons; but if such service cannot be made upon any expected adverse party named in the petition, the procedure provided in Rule 4 for constructive service shall apply. If any expected adverse party is a person under disability the provisions of Rule 17 shall apply. (3) Order and examination. If the court is satisfied that the perpetuation of the testimony may prevent a failure or delay of justice, it shall make an order designating or describing the persons whose depositions may be taken and specifying the subject matter of the examination and whether the depositions shall be taken upon oral examination or written interrogatories. The depositions may then be taken in accordance with these rules; and the court may make orders of the character provided for by Rules 34 and 37. For perpetuating testimony, each reference therein to the court in which the action is pending shall be deemed to refer to the court in which the petition for such deposition was filed. (4) Use of deposition. If a deposition to perpetuate testimony is taken under these rules or if, although not so taken, it would be admissible in evidence in the courts of the state in which it is taken, or in any United States court sitting in this state, it may be used in any action involving the same subject matter subsequently brought in a court of this state in accordance with the provisions of Rule 32.01. [Amended eff. 1-1-78; prior amendment eff. 10-1-71; adopted eff. 7-1-53] CR 27.02 PENDING APPEAL If an appeal has been taken from a judgment of a trial court or before the taking of an appeal if the time therefor has not expired, the trial court in which the judgment was rendered may allow the taking of the depositions of witnesses to perpetuate their testimony for use in the event of further proceedings in the trial court. In such case the party who desires to perpetuate the testimony may make a motion in the trial court for leave to take the depositions, upon the same notice and service thereof as if the action was pending in the trial court. The motion shall show (a) the names and addresses of the persons to be examined and the substance of the testimony which he expects to elicit from each; (b) the reasons for perpetuating their testimony. If the court finds that the perpetuation of the testimony is proper to avoid a failure or delay of justice, it may make an order allowing the depositions to be taken and may make orders of the character provided for by Rules 34 and 35, and thereupon the depositions may be taken and used in the same manner and under the same conditions as are prescribed in these rules for depositions taken in actions pending in the trial court. [Amended eff. 1-1-78; prior amendment eff. 7-1-76; adopted eff. 7-1-53] CR 27.03 PERPETUATION BY ACTION Rule 27 does not limit the power of a court to entertain an action to perpetuate testimony. [Amended eff. 4-1-63; adopted eff. 7-1-53]
|
|
|
|
Disclaimer We are not attempting to practice law, give advice or represent ourselves as anything more than a resource portal with many unique features. Our design is copyrighted. We have no claim of any affiliation with any linked website nor any liability for anything they may say or do. We, and our contributing authors, offer no warranties of any type, to anyone, about anything express or implied. What you see is what you get, we cannot afford to be your insurer and most assuredly are not your lawyer and do not render you any legal advice whatsoever. No attorney client relationship is established by this site, and there is absolutely no confidentiality of any information or communication herein. No emails received will be responded to pertaining to legal questions or advice. By going further into this site, you accept this complete waiver of all warranties and acknowledge reading our Legal Disclaimer.
© 2001-2004 LouisvilleLaw,
LouisvilleLaw.com
& Kentucky Law Net, LLC
To Suggest a Link or Report broken Links, please contact our Webmaster |
|
|
|
 INDEX |
|
 Next |
|
 Previous |
|
|
