Rule 27 does not limit the power of a court to entertain an action to perpetuate testimony.
Rule 27.03.Perpetuation by action.
Current through June 18, 2026 · Last verified July 9, 2026
In one sentenceClarifies that Rule 27 does not cut off a court's separate, independent power to entertain a standalone action brought solely to perpetuate testimony.
Full Text of Rule 27.03
Amendment History
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 27.03 is a short clarifying rule. It confirms that Rule 27's procedures for perpetuating testimony before an action or pending appeal are not the only route available. A court still has its own power to hear an action brought for the purpose of perpetuating testimony, separate from the petition and motion procedures set out in Rules 27.01 and 27.02.
Frequently Asked Questions
Is Rule 27's petition procedure the only way to perpetuate testimony in Kentucky?
No. Rule 27.03 states that Rule 27 does not limit a court's power to entertain an action brought to perpetuate testimony, so that avenue remains available alongside the petition and motion procedures in Rules 27.01 and 27.02.
What does Rule 27.03 change?
It does not create a new procedure of its own. It preserves a court's existing authority to hear a perpetuation-of-testimony action, making clear that Rule 27 is not the exclusive path.
Source & verification. The rule text is reproduced verbatim from the
official Kentucky Rules of Civil Procedure (Ky. R. Civ. P. 27.03). 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: perpetuation of testimony by separate actionalternative to Rule 27 petitioncourt power to perpetuate testimony