After commencement of the action, any party may take the testimony of any person, including a party, by deposition upon oral examination. Leave of court, granted with or without notice, must be obtained only if the plaintiff seeks to take a deposition prior to the expiration of 30 days after service of the summons upon any defendant, except that leave is not required (a) if a defendant has served a notice of taking deposition or otherwise sought discovery, or (b) if special notice is given as provided in Rule 30.02(2). The attendance of witnesses may be compelled by subpoena as provided in Rule 45. The deposition of a person confined in prison may be taken only by leave of court on such terms as the court prescribes.
Rule 30.01.When depositions may be taken.
Current through June 18, 2026 · Last verified July 9, 2026
In one sentenceRule 30.01 allows any party to depose any person, including another party, by oral examination once the action has started, but a plaintiff generally needs leave of court to depose someone within 30 days after a defendant is served unless an exception applies, and deposing a prisoner always requires leave of court.
Full Text of Rule 30.01
Amendment History
(Amended effective October 1, 1971.)
Plain-English Summary
Once a lawsuit is filed, any party can take an oral deposition of anyone, including another party to the case. There is no need to wait for a green light from the court in most situations. The one timing restriction runs against plaintiffs: a plaintiff who wants to depose someone before 30 days have passed since a defendant was served with the summons needs the court's permission first.
That 30-day restriction has exceptions. A plaintiff does not need leave of court if a defendant has already served its own deposition notice or otherwise sought discovery, or if the plaintiff gives special notice under Rule 30.02(2), which covers a witness who is about to leave the state. If a witness will not appear voluntarily, a subpoena under Rule 45 can compel attendance. Deposing someone who is in prison always requires leave of court, and the court sets the terms.
Frequently Asked Questions
How soon after filing suit can I take a deposition in Kentucky?
A defendant, or a plaintiff after the 30-day period following service of the summons on any defendant, can notice a deposition without court permission. A plaintiff who wants to depose someone sooner needs leave of court unless a defendant has already served a deposition notice or sought discovery, or the plaintiff gives special notice under Rule 30.02(2).
Do I need a judge's permission to depose a witness in Kentucky?
Generally no. The main exception is a plaintiff trying to take a deposition within 30 days after a defendant was served with the summons, which requires leave of court unless an exception applies.
Can I depose someone who is in prison?
Yes, but only with leave of court, and the court sets the terms on which the deposition may be taken.
Source & verification. The rule text is reproduced verbatim from the
official Kentucky Rules of Civil Procedure (Ky. R. Civ. P. 30.01). 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
Also known as: when can I take a deposition after filing a lawsuit30 day waiting period for depositionsdeposing a defendant or plaintiff Kentuckycompelling a witness to appear for depositiondeposing someone in prison