Depositions may be taken out of this state before a commissioner appointed by the governor of the state where taken; or before any person empowered by a commission directed to him by consent of the parties or by order of the court; or before a judge of a court, a justice of the peace, mayor of a city, or notary public; or before such persons and under such other circumstances as shall be authorized by the law of this state or the place where the deposition was taken.
Rule 28.02.Without the state.
Current through June 18, 2026 · Last verified July 9, 2026
In one sentenceSpecifies who may take depositions taken outside Kentucky for use in its courts: a commissioner appointed by the governor of the state where the deposition occurs, a person authorized by commission or court order, a judge, justice of the peace, mayor, or notary public, or another person or circumstance authorized by the relevant state's law.
Full Text of Rule 28.02
Amendment History
(Amended October 18, 1977, effective January 1, 1978.)
Plain-English Summary
Rule 28.02 covers depositions taken outside Kentucky that will be used in a Kentucky case. Because Kentucky courts have no direct authority over officials in another state, the rule lists several ways to establish that the person presiding over the deposition has valid authority to do so. That includes a commissioner appointed by the governor of the state where the deposition takes place, someone empowered by a commission issued with the consent of the parties or by court order, a judge, justice of the peace, mayor of a city, or notary public, or any other person or circumstance authorized either by Kentucky law or by the law of the place where the deposition happens.
The rule gives parties flexibility to arrange out-of-state depositions using whichever of these routes is practical, as long as the person taking the deposition has recognized authority under one of the listed sources of law.
Frequently Asked Questions
Can a deposition taken in another state be used in a Kentucky case?
Yes. Rule 28.02 allows depositions to be taken outside Kentucky before a commissioner appointed by the governor of that state, a person authorized by a commission or court order, a judge, justice of the peace, mayor, or notary public, or another person or circumstance authorized by Kentucky law or the law of the place where the deposition is taken.
Does the deposition officer in another state need Kentucky authorization?
Not necessarily. Rule 28.02 allows authority to come from the law of the state where the deposition is taken as well as from Kentucky law, or from a commission issued with the parties' consent or by court order.
What is a commission for taking an out-of-state deposition?
It is a document empowering a named person to take the deposition, issued either with the consent of the parties or by order of the court, and it is one of the recognized ways under Rule 28.02 to authorize someone to preside over an out-of-state deposition.
Source & verification. The rule text is reproduced verbatim from the
official Kentucky Rules of Civil Procedure (Ky. R. Civ. P. 28.02). 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 out of state for Kentucky caseout-of-state deposition commissionerwho can take a deposition in another statecommission to take deposition