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KENTUCKY
RULES OF CIVIL PROCEDURE
RULE 33
INTERROGATORIES TO PARTIES
CR
33.01 AVAILABILITY; PROCEDURES FOR USE
(1) Any party may serve upon any other party written interrogatories
to be answered by the party served or, if the party served is a
public or private corporation or a partnership or association or
governmental agency, by any officer or agent, who shall furnish such
information as is available to the party. Interrogatories may,
without leave of court, be served upon the plaintiff after
commencement of the action and upon any other party with or after
service of the summons upon that party.
(2) Each interrogatory shall be answered separately and fully in
writing under oath, unless it is objected to, in which event the
reasons for objection shall be stated in lieu of an answer. The
answers are to be signed by the person making them, and the
objections signed by the attorney making them. The party upon whom
the interrogatories have been served shall serve a copy of the
answers, and objections if any, within 30 days after the service of
the interrogatories, except that a defendant may serve answers or
objections within 45 days after service of the summons upon that
defendant. The court may allow a shorter or longer time. The party
submitting the interrogatories may move for an order under Rule
37.01 with respect to any objection to or other failure to answer an
interrogatory.
(3) Each party may propound a maximum of thirty (30) interrogatories
and thirty (30) requests for admission to each other party; for
purposes of this Rule, each subpart of an interrogatory or request
shall be counted as a separate interrogatory or request. The
following shall not be included in the maximum allowed:
interrogatories requesting (a) the name and address of the person
answering; (b) the names and addresses of the witnesses; and (c)
whether the person answering is willing to supplement his answers if
information subsequently becomes available. Any party may move the
court for permission to propound either interrogatories or requests
for admission in excess of the limit of thirty (30).
[Amended by
Order 83-4, eff. 1-1-84; prior amendment eff. 10-1-71; adopted eff.
7-1-53]
CR
33.02 SCOPE; USE AT TRIAL
(1) Interrogatories may relate to any matters which may be inquired
into under Rule 26.02, and the answers may be used to the extent
permitted by the rules of evidence.
(2) An interrogatory otherwise proper is not necessarily
objectionable merely because an answer to the interrogatory involves
an opinion or contention that relates to fact or the application of
law to fact, but the court may order that such an interrogatory need
not be answered until after designated discovery has been completed
or until a pre-trial conference or other later time.
[Amended eff.
10-1-71; adopted eff. 7-1-53]
CR
33.03 OPTION TO PRODUCE BUSINESS RECORDS
Where the answer to an interrogatory may be derived or ascertained
from the business records of the party upon whom the interrogatory
has been served or from an examination, audit or inspection of such
business records, or from a compilation, abstract or summary based
thereon, and the burden of deriving or ascertaining the answer is
substantially the same for the party serving the interrogatory as
for the party served, it is a sufficient answer to such
interrogatory to specify the records from which the answer may be
derived or ascertained and to afford to the party serving the
interrogatory reasonable opportunity to examine, audit or inspect
such records and to make copies, compilations, abstracts or
summaries.
[Adopted eff.
10-1-71]
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