These rules supplement other rules of practice and procedure and are deemed to comply with the Kentucky Rules of Civil Procedure. Rule 35.02. Rule 26.02(b)(4), Sequence and Timing of Discovery: Unless the court upon motion, for the convenience of parties and witnesses and in the interests of justice, orders otherwise, methods of discovery may be used in any sequence and the fact that a party is conducting discovery, whether by deposition or otherwise, shall not operate to delay any other party’s discovery. If you require extra time to respond to discovery, you should ask the other side for an extension in writing. (e) All objections will be reserved and shall not be stated on the videotape except for objections relating to the form of the question.

Rule 26.04. A party who considers that a matter of which an admission has been requested presents a genuine issue for trial may not, on that ground alone, object to the request; he may, subject to the provisions of Rule 37.03, deny the matter or set forth reasons why he cannot admit or deny it. Courts should generally grant motions to amend absent any evidence of bad faith, undue delay, or undue prejudice to the non-movant. To the extent the eFiling Rules are inconsistent or otherwise conflict with the Kentucky Rules of Procedure, the eFiling Rules control in cases subject to electronic filing. If an eFiler experiences a technical failure the eFiler may file the document conventionally; provided that the document is accompanied by a certification signed by the eFiler, that the eFiler has attempted to file the document electronically at least twice, with those unsuccessful attempts occurring at least one (1) hour apart. Learn more about new features and updates. JavaScript seems to be disabled in your browser. The order may be made only on motion for good cause shown and upon notice to the person to be examined and to all parties and shall specify the time, place, manner, conditions, and scope of the examination and the person or persons by whom it is to be made. (1) If requested by the party against whom an order is made under Rule 35.01 or the person examined, the party causing the examination to be made shall deliver to that person or party a copy of a detailed written report of the examining health care expert setting out all findings, including results of all tests made, diagnoses and conclusions, together with like reports of all earlier examinations of the same condition. No. Amaya v. Roadhouse Brick Oven Pizza, Inc., 285 F.R.D. Start here and you’ll be a pro in no time. (3) The court may for cause shown enlarge or shorten the time for taking the deposition. (b) A party may discover facts known or opinions held by an expert who has been retained or specially employed by another party in anticipation of litigation or preparation for trial and who is not expected to be called as a witness at trial, only as provided in Rule 35.02 or upon a showing of exceptional circumstances under which it is impracticable for the party seeking discovery to obtain facts or opinions on the same subject by other means.


The views expressed in this article are those of the author(s) and do not necessarily reflect the positions or policies of the American Bar Association, the Section of Litigation, this committee, or the employer(s) of the author(s). These rules supplement other rules of practice and procedure and are deemed to comply with the Kentucky Rules of Civil Procedure. Scope: Parties may obtain discovery regarding any matter, not privileged, which is relevant to the subject matter involved in the pending action, whether it relates to the claim or defense of the party seeking discovery or to the claim or defense of any other party, including the existence, description, nature, custody, condition and location of any books, documents, or other tangible things and the identity and location of persons having knowledge of any discoverable matter.

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