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CR 43.04 Form of evidence; trial by deposition

Baldwin's Kentucky Revised Statutes AnnotatedRules of Civil Procedure

Baldwin's Kentucky Revised Statutes Annotated
Rules of Civil Procedure
VI Trials
CR 43. Trial Procedure and the Introduction of Evidence (Refs & Annos)
Kentucky Rules of Civil Procedure (CR) Rule 43.04
CR 43.04 Form of evidence; trial by deposition
(1) Form of evidence.
In all trials concerning alimony or divorce; the enforcement of a lien or the satisfaction of a judgment; judicial sale; surcharge or accounting; settlement of estates; the division of land; or the allotment of dower, the testimony shall be taken by deposition, unless the court by order or by local rule directs the testimony to be heard under oath and orally in open court. In all other trials the testimony of witnesses shall be heard under oath and orally in open court, unless otherwise provided by these rules or by statute, except that the court may upon motion or upon its own initiative, and with due regard to the importance of presenting the testimony of witnesses orally in open court, order the testimony to be taken by deposition upon any issue which is to be tried by the court without a jury.
(2) Time of taking depositions.
In all cases where proof is to be taken by deposition without an order of court the plaintiff shall complete his evidence by deposition 30 days after the service of the last pleading directed to the issue. In cases where evidence is ordered taken by deposition the plaintiff shall complete his evidence by deposition 30 days after service of the order directing proof to be so heard. The court may in either case order a shorter or longer period for good cause. The defendant shall complete his proof by deposition 30 days after the termination of the period allowed the plaintiff by this rule or by the court, unless the court for good cause orders a shorter or longer period. The parties shall each have 10 days in which to take rebuttal depositions, unless a longer period is allowed by the court.
(3) Procedure.
The provisions of Rule 26, 28, 29, 30, 31, 32 and 37 shall apply to depositions to be used under this rule, except that the party taking a deposition shall give prompt notice of its filing to all other parties; and no objection to the competency, relevancy or materiality of testimony shall be regarded unless made at the taking of the deposition or subsequently made in writing, specifying the grounds of objection, and served and filed prior to the submission of the case.


HISTORY: Adopted eff. 7-1-53
Rules Civ. Proc., Rule 43.04, KY ST RCP Rule 43.04
Current with amendments received through March 1, 2024. Some sections may be more current, see credits for details.
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