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KENTUCKY RULES OF CIVIL PROCEDURE RULE - 45 SUBPOENA CR 45.01 FOR ATTENDANCE OF WITNESSES; FORM; ISSUANCE Every subpoena shall be issued by the clerk or other authorized officer, shall state the name of the court and the title of the action, and shall command each person to whom it is directed to attend and give testimony at the time and place and for the party therein specified. The clerk or other authorized officer shall issue a subpoena, or a subpoena for the production of documentary or other tangible evidence, signed but otherwise in blank, to a party requesting it, who shall fill it in before service. Subpoenas shall not be used for any purpose except to command the attendance of the witness and production of documentary or other tangible evidence at a deposition, hearing or trial. Upon order of the Court, with the agreement of the parties, documents may be produced without a deposition. [Amended by Order 91-2, eff. 11-15-91; adopted eff. 7-1-53] CR 45.02 FOR PRODUCTION OF DOCUMENTARY EVIDENCE A subpoena may also command the person to whom it is directed to produce the books, papers, documents, or tangible things designated therein; but the court, upon motion made promptly and in any event at or before the time specified in the subpoena for compliance therewith, may (a) quash or modify the subpoena if it is unreasonable and oppressive or (b) condition denial of the motion upon the advancement by the person in whose behalf the subpoena is issued of the reasonable cost of producing the books, papers, documents, or tangible things. [Amended eff. 1-1-78; adopted eff. 7-1-53] CR 45.03 SERVICE (1) A subpoena may be served by any officer by whom a summons might be served. It may also be served by any person over eighteen years of age, and the affidavit endorsed thereon by such person shall be proof of service or the witnesses may acknowledge service in writing on the subpoena. Service of the subpoena shall be made by delivering or offering to deliver a copy thereof to the person to whom it is directed. (2) Copies of all documents received in response to the subpoena (or in lieu of proceedings thereunder) shall be forthwith furnished to all other parties to the action except on motion and for good cause shown. Any other tangible evidence received in response to the subpoena (or in lieu of proceedings thereunder) shall be forthwith made available for inspection by all other parties to the action. [Amended by Order 91-2, eff. 11-15-91; adopted eff. 7-1-53] CR 45.04 SUBPOENA FOR TAKING DEPOSITIONS; PLACE OF EXAMINATION (1) A certificate of a member of the Bar showing the time and manner of a notice to take a deposition as provided in Rules 30.02 and 31.01 constitutes a sufficient authorization for the issuance of subpoenas by the clerk of the court in which the action is pending or by an officer authorized to take depositions, for the persons named or described in the notice. The subpoena may command the person to whom it is directed to produce and permit inspection and copying of designated books, papers, documents, or tangible things which constitute or contain matters within the scope of the examination permitted by Rule 26.02, but in that event the subpoena will be subject to the provisions of Rules 26.03 and 45.02. (2) The person to whom the subpoena is directed may, within 10 days after the service thereof or on or before the time specified in the subpoena for compliance if such time is less than 10 days after service, serve upon the attorney designated in the subpoena written objection to inspection or copying of any or all of the designated materials. If objection is made, the party serving the subpoena shall not be entitled to inspect and copy the materials except pursuant to an order of the court from which the subpoena was issued. The party serving the subpoena may, if objection has been made, move upon notice to the deponent for an order at any time before or during the taking of the deposition. (3) A resident of the state may be required to attend an examination only in the county wherein he resides or is employed or transacts his business in person, or at such other convenient place as is fixed by an order of the court. [Amended eff. 10-1-71; adopted eff. 7-1-53] CR 45.05 SUBPOENA FOR A HEARING OR TRIAL; PERSONAL ATTENDANCE (1) At the request of any party, subpoenas for attendance at a hearing or trial shall be issued by the clerk of the court in which the action is pending, and such a subpoena may be served at any place within the state. (2) Subject to the provisions of paragraph (3) of this rule a witness whose deposition might be used under Rule 32.01(c) shall not be compelled to appear in court for oral examination, unless he failed, when duly subpoenaed, to give his deposition. (3) Upon the affidavit of a party or his attorney that the testimony of a witness is important, and that the just and proper effect of his testimony can not in a reasonable degree be obtained without oral examination in court, the court may, in its discretion, order the personal attendance of the witness, although such witness may otherwise be exempt from personal attendance. [Amended eff. 1-1-78; prior amendments eff. 10-1-71, 4-1-63; adopted eff. 7-1-53] CR 45.06 CONTEMPT Disobedience of a subpoena or a refusal to be sworn or to answer as a witness may be punished as a contempt of the court in which the action is pending. [Adopted eff. 7-1-53]
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