Rule 30.02.Notice of examination -- General requirements -- Special notice -- Nonstenographic recording -- Production of documents and things -- Deposition of organization.
Current through June 18, 2026 · Last verified July 9, 2026
In one sentenceRule 30.02 sets the notice requirements for an oral deposition -- reasonable written notice of time, place, and the deponent's identity -- along with special notice for a plaintiff to depose a witness leaving the state early, rules for video-recorded depositions, document production accompanying the notice, and the procedure for naming an organization as the deponent.
(1)A party desiring to take the deposition of any person upon oral examination shall give reasonable notice in writing to every other party to the action. The notice shall state the time and place for taking the deposition and the name and address of each person to be examined, if known, and, if the name is not known, a general description sufficient to identify him or the particular class or group to which he belongs. If a subpoena duces tecum is to be served on the person to be examined, the designation of the materials to be produced as set forth in the subpoena shall be attached to or included in the notice.
(a)Leave of court is not required for the taking of a deposition by plaintiff if the notice (i) states that the person to be examined is about to go out of the state and will be unavailable for examination unless his deposition is taken before expiration of the 30-day period, and (ii) sets forth facts to support the statement. The plaintiff's attorney shall sign the notice, and his signature constitutes a certification by him that to the best of his knowledge, information, and belief the statement and supporting facts are true. The sanctions provided by Rule 11 are applicable to the certification.
(b)If a party shows that when he was served with notice under subparagraph (a) of this paragraph (2) he was unable through the exercise of diligence to obtain counsel to represent him at the taking of the deposition, the deposition may not be used against him.
(3)The court may for cause shown enlarge or shorten the time for taking the deposition.
(4)Video recorded depositions may be taken in pending actions and shall be taxed as costs. Notice to take depositions shall be in accordance with the Rules of Civil Procedure. At the deposition the video recording equipment shall be operated by a person qualified to operate such recording equipment, who is to mark the recording with the style and number of the action and the name of the witness and to file a certificate which identifies the said recording.
Video depositions shall be taken under the following conditions:
(a)The party noticing the deposition shall provide the operator with a copy of this rule. At the beginning of the recording of the deposition, the operator of the video recording equipment will focus on each attorney, party and witness present at the taking of the disposition, and such person shall be identified; or the operator may read a statement introducing by name parties to the litigation and the attorneys present without focusing on each person, at the election of the noticing party.
(b)The video recording equipment will remain stationary at all times during the deposition and will not "zoom" in or out on the witness excepting those times during the deposition when the witness is displaying, for the jury's viewing, exhibits or other pieces of demonstrative proof that can only be fairly and reasonably seen on the video recording by use of the equipment "zooming" in on said evidence. The purpose of this clause is so that the video recording equipment will not "zoom" in on a witness solely to give unfair or undue influence upon the words of the witness, and does not apply to the "zooming" in for other purposes described above.
Production of documents and things -- Deposition of ....
(c)A stenographic transcript, in addition to the video recording, will not be necessary. Any party desiring such a transcript may obtain it at that party's cost.
(d)The video recording shall be kept in the possession of the attorney taking the deposition and will be available for the Court and any and all counsel to view, copy, or compare with a stenographic transcript, if any. If discrepancies appear between the stenographic transcript and the video recording, the discrepancies will be resolved by agreement of counsel or ruling of the Court if counsel cannot agree. The decision on the manner in which to handle the discrepancies, insofar as the video recording is concerned, will be included in the agreement of counsel or ruling of the Court.
(e)All objections will be reserved and shall not be stated on the video recording except for objections relating to the form of the question. Objections to testimony on the video recording will be resolved by agreement of counsel or ruling of the Court if counsel cannot agree. All objections relating to said depositions must be made at least 10 days before trial. An edited version shall be presented at trial.
(f)Admissibility of the video recording may be objected to by counsel if a review of the finished video recording reveals any technical errors giving undue influence to the testimony of the witness which would unfairly prejudice the side objecting, or if the general technical quality of the video recording is so poor that its being viewed by the jury would be unfairly prejudicial to the side so objecting.
(5)The notice to a party deponent may be accompanied by a request made in compliance with Rule 34 for the production of documents and tangible things at the taking of the deposition. The procedure of Rule 34.02 shall apply to the request.
(6)A party may in his notice and in a subpoena name as the deponent a public or private corporation or a partnership or association or governmental agency and describe with reasonable particularity the matters on which examination is requested. In that event, the organization so named shall designate one or more officers, directors, or managing agents, or other persons who consent to testify on its behalf, and may set forth, for each person designated, the matters on which he will testify. A subpoena shall advise a nonparty organization of its duty to make such a designation. The persons so designated shall testify as to matters known or reasonably available to the organization. This paragraph (6) does not preclude taking a deposition by any other procedure authorized in these rules.
Amendment History
(Amended effective October 1, 1971; amended October 18, 1977, effective January 1, 1978; amended June 30, 1986, effective January 1, 1987; amended September 7, 1994, effective October 1, 1994; amended November 13, 2006, effective January 1, 2007.)
Plain-English Summary
A party who wants to depose someone must give every other party reasonable notice in writing. The notice has to state the time and place of the deposition and identify the person to be examined, by name if known or by a description specific enough to identify the person or the group they belong to. If the deposing party plans to serve a subpoena duces tecum on the witness, the list of materials the witness must bring has to be attached to or included in the notice.
Rule 30.02 also covers a plaintiff who needs to depose a witness before the usual 30-day waiting period has run. The plaintiff can do this through special notice stating that the witness is about to leave the state and will be unavailable otherwise, along with the supporting facts. The plaintiff's attorney signs that notice, and the signature certifies under Rule 11 that the statement is true to the attorney's knowledge. A party who was served with special notice but could not, despite diligent effort, get a lawyer in time cannot have that deposition used against them. The court can also shorten or enlarge the time for taking a deposition for good cause.
The rule sets detailed conditions for video-recorded depositions, which are taxed as costs. The equipment operator must be qualified, must identify the people present (either by focusing the camera on each person or by reading an introductory statement), and must file a certificate identifying the recording. The camera stays fixed on the witness and cannot zoom in except to show exhibits or demonstrative evidence the jury needs to see clearly. A stenographic transcript is not required in addition to the recording, though a party who wants one can get it at that party's own expense. The attorney taking the deposition keeps the recording, and it must be available for the court and all counsel to view or compare against any transcript; disagreements between the recording and a transcript are worked out by agreement of counsel or, failing that, by the court. Objections are reserved and are not stated on the recording except objections to the form of a question; all objections must be raised at least 10 days before trial, and an edited version of the recording is what gets shown at trial. Counsel can object to admissibility if the finished recording has technical errors that unfairly favor the witness's testimony or if its technical quality is poor enough to unfairly prejudice a side.
A notice to a party can come with a request under Rule 34 to produce documents and tangible things at the deposition, following the procedure in Rule 34.02. And a party can name an organization -- a corporation, partnership, association, or government agency -- as the deponent, describing with reasonable particularity the topics for examination. The organization then designates one or more officers, directors, managing agents, or other consenting persons to testify on its behalf on those topics, and a subpoena to a nonparty organization must tell it about this duty to designate someone. The people designated testify to what is known or reasonably available to the organization. None of this stops a party from deposing an organization through some other procedure the rules allow.
Frequently Asked Questions
How much notice do I need to give for a deposition in Kentucky?
Rule 30.02 requires reasonable notice in writing to every other party, stating the time and place of the deposition and the name (or a sufficient description) of the person to be examined. If a subpoena duces tecum will be served on the witness, the list of materials to be produced must be attached to or included in the notice.
Can a deposition happen before the 30-day waiting period in Kentucky if the witness is leaving the state?
Yes. Under Rule 30.02(2), a plaintiff can give special notice stating that the person to be examined is about to leave the state and will be unavailable unless deposed sooner, along with supporting facts. The plaintiff's attorney signs the notice, and the signature certifies under Rule 11 that the statement is true to the best of the attorney's knowledge.
How do you depose a company or government agency in Kentucky?
The notice or subpoena names the organization as the deponent and describes with reasonable particularity the matters for examination. The organization then designates one or more officers, directors, managing agents, or other consenting persons to testify on its behalf about those matters, testifying to what is known or reasonably available to the organization.
Source & verification. The rule text is reproduced verbatim from the
official Kentucky Rules of Civil Procedure (Ky. R. Civ. P. 30.02). 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
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