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KENTUCKY
RULES OF CIVIL PROCEDURE CR 30.01 WHEN DEPOSITIONS MAY BE TAKEN After commencement of the action, any party may take the testimony of any person, including a party, by deposition upon oral examination. Leave of court, granted with or without notice, must be obtained only if the plaintiff seeks to take a deposition prior to the expiration of 30 days after service of the summons upon any defendant, except that leave is not required (a) if a defendant has served a notice of taking deposition or otherwise sought discovery, or (b) if special notice is given as provided in Rule 30.02(2). The attendance of witnesses may be compelled by subpoena as provided in Rule 45. The deposition of a person confined in prison may be taken only by leave of court on such terms as the court prescribes. [Amended eff. 10-1-71; adopted eff. 7-1-53] CR 30.02 NOTICE OF EXAMINATION: GENERAL REQUIREMENTS; SPECIAL NOTICE; NONSTENOGRAPHIC RECORDING; PRODUCTION OF DOCUMENTS AND THINGS; DEPOSITION OF ORGANIZATION (1) A party desiring to take the deposition of any person upon oral examination shall give reasonable notice in writing to every other party to the action. The notice shall state the time and place for taking the deposition and the name and address of each person to be examined, if known, and, if the name is not known, a general description sufficient to identify him or the particular class or group to which he belongs. If a subpoena duces tecum is to be served on the person to be examined, the designation of the materials to be produced as set forth in the subpoena shall be attached to or included in the notice. (2) (a) Leave of court is not required for the taking of a deposition by plaintiff if the notice (i) states that the person to be examined is about to go out of the state and will be unavailable for examination unless his deposition is taken before expiration of the 30-day period, and (ii) sets forth facts to support the statement. The plaintiff's attorney shall sign the notice, and his signature constitutes a certification by him that to the best of his knowledge, information, and belief the statement and supporting facts are true. The sanctions provided by Rule 11 are applicable to the certification. (b) If a party shows that when he was served with notice under subparagraph (a) of this paragraph (2) he was unable through the exercise of diligence to obtain counsel to represent him at the taking of the deposition, the deposition may not be used against him. (3) The court may for cause shown enlarge or shorten the time for taking the deposition. (4) Videotaped depositions may be taken in pending actions and shall be taxed as costs. Notice to take depositions shall be in accordance with the Rules of Civil Procedure. At the deposition the videotape recorder shall be operated by a person qualified to operate such recording equipment, who is to mark the recording with the style and number of the action and the name of the witness and to file a certificate which identifies the said recording. Video depositions shall be taken under the following conditions: (a) The party noticing the deposition shall provide the operator with a copy of this rule. At the beginning of the taping of the deposition, the operator of the video camera will focus on each attorney, party and witness present at the taking of the deposition, and such person shall be identified; or the operator may read a statement introducing by name parties to the litigation and the attorneys present without focusing on each person, at the election of the noticing party. (b) The camera will remain stationary at all times during the deposition and will not "zoom" in or out on the witness excepting those times during the deposition when the witness is displaying, for the jury's viewing, exhibits or other pieces of demonstrative proof that can only be fairly and reasonably seen on the videotape by use of the camera "zooming" in on said evidence. The purpose of this clause is so that the camera will not "zoom" in on a witness solely to give unfair or undue influence upon the words of the witness, and does not apply to the "zooming" in for other purposes described above. (c) A stenographic transcript, in addition to the videotape recording, will not be necessary. Any party desiring same may obtain it at that party's cost. (d) The videotape itself will be kept in the possession of the attorney taking the deposition and will be available for the Court and any and all counsel to compare the stenographic transcript, if any, with the videotape transcript to view or to copy said videotape. If discrepancies appear between the stenographic transcript, if any, and the videotape recording, the discrepancies will be resolved by agreement of counsel or ruling of the Court if counsel cannot agree. The decision on the manner in which to handle the discrepancies, insofar as the videotape is concerned, will be included in the agreement of counsel or ruling of the Court. (e) All objections will be reserved and shall not be stated on the videotape except for objections relating to the form of the question. Objections to testimony on the videotape and the ruling thereof will be resolved by agreement of counsel or ruling of the Court if counsel cannot agree. All objections relating to said depositions must be made at least 10 days before trial. An edited version shall be presented at trial. (f) Admissibility of the tape may be objected to by any counsel if a review of the finished tape reveals any technical errors giving undue influence to the testimony of the witness which would unfairly prejudice the side objecting; or if the general technical quality of the tape is so poor that its being viewed by the jury would be unfairly prejudicial to the side so objecting. (5) The notice to a party deponent may be accompanied by a request made in compliance with Rule 34 for the production of documents and tangible things at the taking of the deposition. The procedure of Rule 34.02 shall apply to the request. (6) A party may in his notice and in a subpoena name as the deponent a public or private corporation or a partnership or association or governmental agency and describe with reasonable particularity the matters on which examination is requested. In that event, the organization so named shall designate one or more officers, directors, or managing agents, or other persons who consent to testify on its behalf, and may set forth, for each person designated, the matters on which he will testify. A subpoena shall advise a non-party organization of its duty to make such a designation. The persons so designated shall testify as to matters known or reasonably available to the organization. This paragraph (6) does not preclude taking a deposition by any other procedure authorized in these rules. [Amended by Order 94-1, eff. 10-1-94; prior amendments eff. 1-1-87, 1-1-78, 10-1-71, 7-1-69; adopted eff. 7-1-53] CR 30.03 EXAMINATION AND CROSS-EXAMINATION; RECORD OF EXAMINATION; OATH; OBJECTIONS (1) Examination and cross-examination of witnesses may proceed as permitted at the trial under the provisions of Rules 43.05 and 43.06. The officer before whom the deposition is to be taken shall put the witness on oath and shall personally, or by someone acting under his or her direction and in his or her presence, record the testimony of the witness. The testimony shall be taken stenographically or recorded by any other means ordered in accordance with Rule 30.02(4). If requested by one of the parties, the testimony shall be transcribed at that party's expense. (2) All objections made at the time of the examination to the qualifications of the officer taking the deposition, or to the manner of taking it, or to the evidence presented, or to the conduct of any party, and any other objection to the proceeding, shall be noted by the officer upon the deposition. Evidence objected to shall be taken subject to the objections. In lieu of participating in the oral examination, parties may serve written questions in a sealed envelope on the party taking the deposition and he shall transmit them to the officer, who shall propound them to the witness and record the answers verbatim. (3) Any objection to evidence during a deposition shall be stated concisely and in a nonargumentative and nonsuggestive manner. An attorney may instruct his or her client not to answer only when necessary to preserve a privilege, to enforce a limitation on evidence directed by the court, or to present a motion under > CR 30.04. (4) If the court finds such an impediment, delay, or other conduct has frustrated the fair examination of the deponent, it may impose upon the persons responsible an appropriate sanction, including the reasonable costs and attorney's fees incurred by any parties as a result thereof. [Amended by Order 95-1, eff. 11-1-95; prior amendments eff. 8-1-92, 10-1-71; adopted eff. 7-1-53] CR 30.04 MOTION TO TERMINATE OR LIMIT EXAMINATION At any time during the taking of the deposition, on motion of a party or of the deponent and upon a showing that the examination is being conducted in bad faith or in such manner as unreasonably to annoy, embarrass, or oppress the deponent or party, the court in which the action is pending or the court in the judicial district where the deposition is being taken may order the officer conducting the examination to cease forthwith from taking the deposition, or may limit the scope and manner of the taking of the deposition as provided in Rule 26.03. If the order made terminates the examination, it shall be resumed thereafter only upon the order of the court in which the action is pending. Upon demand of the objecting party or deponent, the taking of the deposition shall be suspended for the time necessary to make a motion for an order. The provisions of Rule 37.01(4) {37.01(d)} apply to the award of expenses incurred in relation to the motion. [Amended eff. 10-1-71; adopted eff. 7-1-53] CR 30.05 SUBMISSION TO WITNESS; CHANGES; SIGNING Any party to an action may make written request before the officer taking a deposition therein that it be submitted to the witness. In such event, and when the testimony is fully transcribed, the deposition shall be submitted to the witness for examination and shall be read to or by him. Any changes in form or substance which the witness desires to make shall be entered upon the deposition by the officer with a statement of the reasons given by the witness for making them. The deposition shall then be signed by the witness unless the witness is ill or cannot be found or refuses to sign. If the deposition is not signed by the witness, the officer shall sign it and state on the record the fact of the illness or absence of the witness or the fact of the refusal to sign together with the reason, if any, given therefor; and the deposition may then be used as fully as though signed, unless on a motion to suppress under Rule 32.04 the court holds that the reasons given for the refusal to sign require rejection of the deposition in whole or in part. [Adopted eff. 7-1-53] CR 30.06 CERTIFICATION AND FILING BY OFFICER; COPIES; EXHIBITS (1) The officer shall certify on the deposition that the witness was duly sworn by him and that the deposition is a true record of the testimony given by the witness. He promptly shall deliver the deposition to the clerk of the court in which the action is pending, or send it by registered mail to the clerk for filing. (2) Documents and things produced for inspection during the examination of the witness, shall, upon the request of a party, be marked for identification and annexed to and returned with the deposition, and may be inspected and copied by any party, except that (a) the person producing the materials may substitute copies to be marked for identification, if he affords to all parties fair opportunity to verify the copies by comparison with the orginials, and (b) if the person producing the materials requests their return, the officer shall mark them, give each party an opportunity to inspect and copy them, and return them to the person producing them, and the materials may then be used in the same manner as if annexed to and returned with the deposition. Any party may move for an order that the original be annexed to and returned with the deposition to the court, pending final disposition of the case. (3) Upon payment of reasonable charges therefor, not to exceed those fixed by statute, the officer shall furnish a copy of the deposition to any party or to the deponent. [Amended eff. 10-1-71; adopted eff. 7-1-53] CR 30.07 FAILURE TO ATTEND OR TO SERVE SUBPOENA; EXPENSES (1) If the party giving the notice of the taking of a deposition fails to attend and proceed therewith and another party attends in person or by attorney pursuant to the notice, the court may order the party giving the notice to pay to such other party the amount of the reasonable expenses incurred by him and his attorney in so attending, including reasonable attorney's fees. (2) If the party giving the notice of the taking of a deposition of a witness fails to serve a subpoena upon him and the witness because of such failure does not attend, and if another party attends in person or by attorney because he expects the deposition of that witness to be taken, the court may order the party giving the notice to pay to such other party the amount of the reasonable expenses incurred by him and his attorney in so attending, including reasonable attorney's fees. [Adopted eff. 7-1-53]
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