(1) Parties may obtain discovery by one or more of the following methods: depositions upon oral examination or written questions; written interrogatories; production of documents or things or permission to enter upon land or other property, for inspection and other purposes; physical and mental examinations; and requests for admission. Unless the court orders otherwise under Rule 26.03, the frequency of use of these methods is not limited.
Rule 26.01.Discovery methods.
Current through June 18, 2026 · Last verified July 9, 2026
In one sentenceRule 26.01 lists the discovery tools available in a Kentucky civil case (depositions, interrogatories, document production, physical and mental exams, and requests for admission), lets parties use them in any order or combination unless a court limits them under Rule 26.03, and encourages electronic exchange of written discovery.
Full Text of Rule 26.01
(2) Electronic Format. In addition to serving a hard copy, a party propounding or responding to interrogatories, requests for production, or requests for admission is encouraged to serve the discovery request or response in an electronic format (either on a disk or as an electronic document attachment) in any commercially available word processing software system. If transmitted on disk, each disk shall be labeled, identifying the caption of the case, the document, and the word processing version in which it is being submitted. If more than one disk is used for the same document, each disk shall be in the same word processing version, shall be similarly labeled and also shall be sequentially numbered. If transmitted by electronic mail, the document must be accompanied by electronic memorandum providing the forgoing identifying information.
Amendment History
(Amended effective October 1, 1971; amended October 29, 2004, effective January 1, 2005.)
Plain-English Summary
Kentucky lets parties gather evidence before trial through five tools: oral or written depositions, written interrogatories, requests to produce documents or things (or to enter land for inspection), physical and mental examinations, and requests for admission. Nothing in the rule caps how often a party can use these tools or in what order. A court can step in and restrict that frequency, but only under Rule 26.03, and only on a showing of good cause.
The rule also addresses how written discovery gets exchanged. A party serving or answering interrogatories, requests for production, or requests for admission is encouraged, though not required, to send an electronic copy along with the paper version. If the discovery goes out on disk, the disk must carry a label showing the case caption, the document it contains, and the word-processing format used; multiple disks for one document must match formats, carry the same labeling, and be numbered in sequence. If the electronic copy goes by email instead, the email must include a memo with that same identifying information.
Frequently Asked Questions
What discovery methods are available in a Kentucky civil case?
Kentucky Rule 26.01 allows five discovery methods: depositions on oral or written questions, written interrogatories, requests for production of documents or things (including entry onto land for inspection), physical and mental examinations, and requests for admission.
Is there a limit on how much discovery I can send in Kentucky?
Rule 26.01 sets no fixed limit on how often a party can use these discovery methods. A court can restrict frequency, but only through a protective order issued under Rule 26.03.
Do I have to serve discovery requests electronically in Kentucky?
No. Rule 26.01 encourages parties to send interrogatories, requests for production, and requests for admission in electronic format along with the hard copy, but does not require it. Discovery sent on disk must be labeled with the case caption, document name, and word-processing format; discovery sent by email must include a memo with the same information.
Source & verification. The rule text is reproduced verbatim from the
official Kentucky Rules of Civil Procedure (Ky. R. Civ. P. 26.01). Prescribed by the Supreme Court of Kentucky (Ky. Const. § 116). The plain-English summary is original and written by us. Last verified July 9, 2026. ·
Official source
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