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CR 30.03 Examination and cross-examination; record of examination; oath; objections

Baldwin's Kentucky Revised Statutes AnnotatedRules of Civil ProcedureEffective: March 1, 2020

Baldwin's Kentucky Revised Statutes Annotated
Rules of Civil Procedure
V Depositions and Discovery
CR 30. Depositions upon Oral Examination (Refs & Annos)
Effective: March 1, 2020
Kentucky Rules of Civil Procedure (CR) Rule 30.03
CR 30.03 Examination and cross-examination; record of examination; oath; objections
(1) Examination and cross-examination of witnesses may proceed as permitted at the trial under the provisions of Rules 43.05 and 43.06. The officer before whom the deposition is to be taken shall put the witness on oath and shall personally, or by someone acting under his or her direction and in his or her presence, record the testimony of the witness. The testimony shall be taken stenographically or recorded by any other means ordered in accordance with Rule 30.02(4). If requested by one of the parties, the testimony shall be transcribed at that party's expense.
(2) All objections made at the time of the examination to the qualifications of the officer taking the deposition, or to the manner of taking it, or to the evidence presented, or to the conduct of any party, and any other objection to the proceeding, shall be noted by the officer upon the deposition. Evidence objected to shall be taken subject to the objections. In lieu of participating in the oral examination, parties may serve written questions in a sealed envelope on the party taking the deposition and he shall transmit them to the officer, who shall propound them to the witness and record the answers verbatim.
(3) Any objection to evidence during a deposition shall be stated concisely and in a nonargumentative and nonsuggestive manner. An attorney may instruct his or her client not to answer only when necessary to preserve a privilege, to enforce a limitation on evidence directed by the court, or to present a motion under CR 30.04.
(4) If the court finds such an impediment, delay, or other conduct has frustrated the fair examination of the deponent, it may impose upon the persons responsible an appropriate sanction, including the reasonable costs and attorney's fees incurred by any parties as a result thereof.

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HISTORY: Amended by Order 95-1, eff. 11-1-95; prior amendments eff. 8-1-92, 10-1-71; adopted eff. 7-1-53
Rules Civ. Proc., Rule 30.03, KY ST RCP Rule 30.03
Current with amendments received through August 1, 2020.
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