|
KENTUCKY
RULES OF CIVIL PROCEDURE
RULE 31
DEPOSITIONS UPON WRITTEN QUESTIONS
CR
31.01 SERVING QUESTIONS; NOTICE
(1) After commencement of the action, any party may take the
testimony of any person, including a party, by deposition upon
written questions. The attendance of witnesses may be compelled by
the use of 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.
(2) A party desiring to take a deposition upon written questions
shall serve them upon every other party with a notice stating (a)
the name and address of the person who is to answer them, 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,
and (b) the name or descriptive title and address of the officer
before whom the deposition is to be taken. A deposition upon written
questions may be taken of a public or private corporation or a
partnership or association or governmental agency in accordance with
the provisions of Rule 30.02(6).
(3) Within 30 days after the notice and written questions are
served, a party may serve cross questions upon all other parties.
Within 10 days after being served with cross questions, a party may
serve redirect questions upon all other parties. Within ten days
after being served with redirect questions, a party may serve
recross questions upon all other parties. The court may for cause
shown enlarge or shorten the time.
[Amended eff.
10-1-71; adopted eff. 7-1-53]
CR
31.02 OFFICER TO TAKE RESPONSES AND PREPARE RECORD
A copy of the notice and copies of all questions served shall be
delivered by the party taking the deposition to the officer
designated in the notice, who shall proceed promptly, in the manner
provided by Rules 30.03, 30.05 and 30.06, to take the testimony of
the witness in response to the questions and to prepare, certify,
and file or mail the deposition, attaching thereto the copy of the
notice and the questions received by him. Neither party or his agent
or attorney shall be present at the examination of the witness.
[Amended eff.
10-1-71; adopted eff. 7-1-53]
CR
31.03 ORDERS FOR THE PROTECTION OF PARTIES AND DEPONENTS--DELETED
[Deleted
by Order of Supreme Court, eff. 1-1-78; adopted eff. 7-1-53]
|