KENTUCKY RULES OF CIVIL PROCEDURE
RULE 28 PERSONS BEFORE WHOM DEPOSITIONS MAY BE TAKEN

CR 28.01 WITHIN THE STATE

     Depositions taken in this state, to be used in its courts, shall be taken before an examiner; a judge, clerk, commissioner or official reporter of a court; a notary public; or before such other persons and under such other circumstances as shall be authorized by law.

[Amended eff. 2-22-78; prior amendment eff. 1-1-78; adopted eff. 7-1-53]

CR 28.02 WITHOUT THE STATE

     Depositions may be taken out of this state before a commissioner appointed by the governor of the state where taken; or before any person empowered by a commission directed to him by consent of the parties or by order of the court; or before a judge of a court, a justice of the peace, mayor of a city, or notary public; or before such persons and under such other circumstances as shall be authorized by the law of this state or the place where the deposition is taken.

[Amended eff. 1-1-78; prior amendment eff. 4-1-63; adopted eff. 7-1-53]

CR 28.03 DEPOSITIONS TO BE USED IN OTHER STATES

     A party desiring to take depositions in this state to be used in proceedings outside this state, may produce to a judge of the district court of the district in which the witness resides a commission authorizing the taking of such depositions or proof of notice duly served; whereupon it shall be the duty of the judge to issue, pursuant to Rule 45, the necessary subpoenas. Orders of the character provided in Rule 45.02 may be made upon proper application therefor by the person to whom such a subpoena is directed. Failure by any person without adequate excuse to obey a subpoena served upon him pursuant to this rule may be deemed a contempt of the court from which the subpoena issued.

[Amended eff. 6-1-78; prior amendments eff. 2-22-78, 1-1-78; adopted eff. 7-1-53]

 


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