Depositions taken in this state, to be used in its courts, shall be taken before an examiner; a judge, clerk, commissioner or official reporter of a court; a notary public; or before such other persons and under such other circumstances as shall be authorized by law.
Rule 28.01.Within the state.
Current through June 18, 2026 · Last verified July 9, 2026
In one sentenceSpecifies who may take depositions used in Kentucky courts when the deposition happens inside the state: an examiner, a judge, clerk, commissioner, or official reporter of a court, a notary public, or another person or circumstance authorized by law.
Full Text of Rule 28.01
Amendment History
(Amended October 18, 1977, effective January 1, 1978; amended effective February 22, 1978.)
Plain-English Summary
Rule 28.01 answers a basic logistical question: who is allowed to preside over a deposition taken inside Kentucky for use in Kentucky courts? The rule lists the qualifying officers: an examiner; a judge, clerk, commissioner, or official reporter of a court; or a notary public. It also leaves room for any other person or circumstance that the law otherwise authorizes.
In practice, most depositions in Kentucky are taken before a notary public or a court reporter who is also a notary, since that satisfies the rule without needing a special court appointment.
Frequently Asked Questions
Who can take a deposition in Kentucky?
Rule 28.01 allows depositions taken within the state to be taken before an examiner; a judge, clerk, commissioner, or official reporter of a court; a notary public; or another person or under other circumstances authorized by law.
Does a deposition in Kentucky have to be taken before a judge?
No. A judge is one of several qualifying officers listed in Rule 28.01, but a notary public or a court's official reporter also qualifies, which is why most depositions are taken before a notary rather than a judge.
Source & verification. The rule text is reproduced verbatim from the
official Kentucky Rules of Civil Procedure (Ky. R. Civ. P. 28.01). 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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