A party who has responded to a request for discovery with a response that was complete when made is under no duty to supplement his response to include information thereafter acquired, except as follows:
Rule 26.05.Supplementation of responses.
Current through June 18, 2026 · Last verified July 9, 2026
In one sentenceRule 26.05 excuses a party from updating a discovery response that was complete when made, except for identifying witnesses with knowledge or expert testimony, correcting a response known to be wrong or no longer true, and any supplementation duty imposed by the court, agreement, or a later request.
Full Text of Rule 26.05
(a) A party is under a duty seasonably to supplement his response with respect to any question directly addressed to (i) the identity and location of persons having knowledge of discoverable matters, and (ii) the identity of each person expected to be called as an expert witness at trial, the subject matter on which he is expected to testify, and the substance of his testimony.
(b) A party is under a duty seasonably to amend a prior response if he obtains information upon the basis of which (i) he knows that the response was incorrect when made, or (ii) he knows that the response though correct when made is no longer true and the circumstances are such that a failure to amend the response is in substance a knowing concealment.
(c) A duty to supplement responses may be imposed by order of the court, agreement of the parties, or at any time prior to trial through new requests for supplementation of prior responses.
Amendment History
(Amended effective October 1, 1971; amended October 18, 1977, effective January 1, 1978.)
Plain-English Summary
Rule 26.05 starts from the position that a discovery response does not need to be revisited once it is complete and accurate. Kentucky does not impose a general, ongoing duty to keep every answer current as a case develops.
Three exceptions narrow that default. A party must promptly supplement an answer that identifies people with knowledge of discoverable matters or that identifies an expert witness, the subject of the testimony, and the substance of it. A party must also promptly correct a response once it learns the answer was wrong when given, or was right at the time but is no longer true, if staying silent would amount to concealment. Beyond those two situations, a court order, an agreement between the parties, or a new request for supplementation made any time before trial can create a duty to update prior answers.
Frequently Asked Questions
Do I have to update my discovery responses if new information comes up in a Kentucky case?
Generally, no. Rule 26.05 does not require a party to supplement a discovery response that was complete when it was made. Specific exceptions apply to witness identification, expert testimony, and responses that later turn out to be wrong or no longer true.
When must I correct a discovery answer in Kentucky?
Rule 26.05(b) requires promptly amending a prior response once a party learns the response was incorrect when made, or was correct then but is no longer true, and staying silent would amount to concealment.
Can a Kentucky court order me to supplement my discovery answers?
Yes. Beyond the automatic duties covering witness identification and expert testimony, Rule 26.05(c) lets a court order supplementation, lets the parties agree to it, or lets a party request it through a new discovery request before trial.
Source & verification. The rule text is reproduced verbatim from the
official Kentucky Rules of Civil Procedure (Ky. R. Civ. P. 26.05). 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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