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.
Rule 26.04.Sequence and timing of discovery.
Current through June 18, 2026 · Last verified July 9, 2026
In one sentenceRule 26.04 lets parties use discovery methods in any sequence they choose, so one party's ongoing discovery never delays another party's, unless the court orders a different sequence for the convenience of parties and witnesses or in the interests of justice.
Full Text of Rule 26.04
Amendment History
(Amended effective October 1, 1971.)
Plain-English Summary
Rule 26.04 sets the default order for discovery: there is none. Parties can send interrogatories, notice depositions, and request documents in whatever sequence suits their case, and they do not have to wait their turn. One party moving forward with discovery does not put another party's discovery on hold.
A court can depart from that default and impose a specific sequence, but only on motion, and only for the convenience of the parties and witnesses or in the interests of justice.
Frequently Asked Questions
In what order does discovery happen in a Kentucky case?
Rule 26.04 lets parties use discovery methods in any sequence. There is no required order, and one party's discovery does not have to wait for another's to finish.
Can a Kentucky court require discovery to happen in a specific order?
Yes. On motion, a court can order a particular sequence for the convenience of the parties and witnesses or in the interests of justice, departing from the rule's default of no fixed order.
Source & verification. The rule text is reproduced verbatim from the
official Kentucky Rules of Civil Procedure (Ky. R. Civ. P. 26.04). 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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