Rule 26.06.Effect of taking deposition or questioning deponent.
Current through June 18, 2026 · Last verified July 9, 2026
In one sentenceRule 26.06 provides that taking a deposition or questioning a deponent does not make otherwise inadmissible evidence admissible and does not waive any objection to that evidence's admissibility at trial.
Full Text of Rule 26.06
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The taking of a deposition or the questioning of a deponent shall not make evidence admissible which is otherwise incompetent or constitute a waiver of objections to its admissibility.
The source reproduced here (current through June 18, 2026) records no amendment to this rule since its original adoption — no History line appears for it in the compiled rules. For the underlying adopting order and any later amendments, see the West’s Rules & Procedures.
Plain-English Summary
Rule 26.06 keeps deposition testimony and trial admissibility on separate tracks. Asking a question at a deposition, or getting an answer to it, does not turn evidence that would otherwise be barred at trial into evidence a court will accept. A party can still raise the same objections to that testimony later that would have applied if the deposition had never happened.
The rule also protects against an implied waiver. Answering a deposition question, or not objecting during the deposition itself, does not give up the right to object to the testimony's use at trial.
Frequently Asked Questions
If I answer a question at a deposition in Kentucky, can it still be excluded from trial?
Yes. Rule 26.06 provides that taking a deposition does not make otherwise inadmissible evidence admissible, so objections to admissibility remain available even after the deposition testimony was given.
Does deposition testimony waive objections at trial in Kentucky?
No. Rule 26.06 states that questioning a deponent does not constitute a waiver of objections to the admissibility of that testimony.
Source & verification. The rule text is reproduced verbatim from the
official Kentucky Rules of Civil Procedure (Ky. R. Civ. P. 26.06). 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
Also known as:deposition objections waiver Kentuckyis deposition testimony admissible at trialobjecting to deposition testimony later