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