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CR 26.05 Supplementation of responses

Baldwin's Kentucky Revised Statutes AnnotatedRules of Civil Procedure

Baldwin's Kentucky Revised Statutes Annotated
Rules of Civil Procedure
V Depositions and Discovery
CR 26. General Provisions Governing Discovery (Refs & Annos)
Kentucky Rules of Civil Procedure (CR) Rule 26.05
CR 26.05 Supplementation of responses
A party who has responded to a request for discovery with a response that was complete when made is under no duty to supplement his response to include information thereafter acquired, except as follows:
(a) A party is under a duty seasonably to supplement his response with respect to any question directly addressed to (i) the identity and location of persons having knowledge of discoverable matters, and (ii) the identity of each person expected to be called as an expert witness at trial, the subject matter on which he is expected to testify, and the substance of his testimony.
(b) A party is under a duty seasonably to amend a prior response if he obtains information upon the basis of which (i) he knows that the response was incorrect when made, or (ii) he knows that the response though correct when made is no longer true and the circumstances are such that a failure to amend the response is in substance a knowing concealment.
(c) A duty to supplement responses may be imposed by order of the court, agreement of the parties, or at any time prior to trial through new requests for supplementation of prior responses.

Credits

HISTORY: Amended eff. 1-1-78; adopted eff. 10-1-71
Rules Civ. Proc., Rule 26.05, KY ST RCP Rule 26.05
Current with amendments received through September 15, 2021.
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