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Rule 205 Discovery

Baldwin's Kentucky Revised Statutes Annotated56th Judicial Circuit - Caldwell, Livingston, Lyon and Trigg Circuit Court

Baldwin's Kentucky Revised Statutes Annotated
56th Judicial Circuit - Caldwell, Livingston, Lyon and Trigg Circuit Court
Rule 2. Court Scheduling / Motion Hour / Procedures for Filing
KY CLLT Rule 205
Rule 205 Discovery
(1) Motions For Discovery Orders.
Counsel in civil cases shall have the duty to make a good faith effort to resolve by agreement among themselves any disputes which arise in the course of discovery. No motions pertaining to discovery shall be made to the Court unless there is appended to such motion or contained within it a certificate of counsel that he/she has conferred or corresponded with opposing counsel, that they are unable to reconcile their differences, and that counsel has otherwise exhausted reasonable extrajudicial means in an effort to resolve discovery differences.
(2) Depositions.
(a) Before noticing any deposition as required in the Kentucky Rules of Civil Procedure, counsel wishing to schedule any deposition shall first attempt to schedule an agreed date with opposing counsel of record. Counsel shall certify in the Notice that this requirement has been complied with or that attempts to schedule have been unsuccessful and shall state the reason why.
(b) Upon appropriate motion of a party or by agreed order, a deposition may be videotaped and used in accordance with law including Civil Rule 30.02.
(3) Discovery Materials including Written Interrogatories Requests.
(a) In propounding interrogatories discovery requests, the requesting party will attempt to furnish the responding party with an electronic copy to facilitate answers without substantial retyping by any responding party to comply with number two (2) below.
(b) In answering written interrogatories discovery requests served on a party, each interrogatory or request shall be restated, followed by the answer and shall be subscribed and sworn by a party.
(c) Discovery material will be filed and/or served in compliance with CR 5.06.
(d) Answers and compliance with discovery requests need not be filed with the Court. Instead, a Notice of Service under the applicable Civil Rule shall be filed in the record.
(e) Originals of depositions need not be filed with the Court. If not filed, the attorney who noticed the taking of the deposition shall be the custodian of the record as set out in CR 5.06. If testimony from the deposition is referred to in any motion before the Court, then a transcript or condensed transcript may be filed with the motion in lieu of the original.

Credits

HISTORY: Amended effective January 7, 2014. Prior amendments effective April 23, 2012.
Caldwell, Livingston, Lyon and Trigg Circuit Court Rule 205, KY R CALDWELL CIR CT Rule 205
Current with amendments received through November 15, 2023. Some rules may be more current, see credits for details.
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