(1) Examination and cross-examination of witnesses may proceed as permitted at the trial under the provisions of Rules 43.05 and 43.06. The officer before whom the deposition is to be taken shall put the witness on oath and shall personally, or by someone acting under his or her direction and in his or her presence, record the testimony of the witness. The testimony shall be taken stenographically or recorded by any other means ordered in accordance with Rule 30.02(4). If requested by one of the parties, the testimony shall be transcribed at that party's expense.
Rule 30.03.Examination and cross-examination -- Record of examination -- Oath -- Objections.
Current through June 18, 2026 · Last verified July 9, 2026
In one sentenceRule 30.03 governs how a deposition is conducted -- the officer administers an oath and records the testimony stenographically or by another approved method, objections are noted on the record without argument, an attorney may instruct a witness not to answer only in narrow circumstances, and the court can sanction conduct that frustrates a fair examination.
Full Text of Rule 30.03
(2) All objections made at the time of the examination to the qualifications of the officer taking the deposition, or to the manner of taking it, or to the evidence presented, or to the conduct of any party, and any other objection to the proceedings, shall be noted by the officer upon the deposition. Evidence objected to shall be taken subject to the objections. In lieu of participating in the oral examination, parties may serve written questions in a sealed envelope on the party taking the deposition and he shall transmit them to the officer, who shall propound them to the witness and record the answers verbatim.
(3) Any objection to evidence during a deposition shall be stated concisely and in a nonargumentative and nonsuggestive manner. An attorney may instruct his or her client not to answer only when necessary to preserve a privilege, to enforce a limitation on evidence directed by the court, or to present a motion under CR 30.04.
(4) If the court finds such an impediment, delay, or other conduct has frustrated the fair examination of the deponent, it may impose upon the persons responsible an appropriate sanction, including the reasonable costs and attorney's fees incurred by any parties as a result thereof.
Amendment History
(Amended effective October 1, 1971; amended July 8, 1992, effective August 1, 1992; amended September 22, 1995, effective November 1, 1995.)
Plain-English Summary
During a deposition, examination and cross-examination proceed much as they would at trial. The officer taking the deposition puts the witness under oath and records the testimony, either personally or through someone acting under the officer's direction. The testimony is taken down stenographically or by another method allowed under Rule 30.02(4), and any party who wants a transcript can get one at that party's own expense.
Objections raised during the examination -- to the officer's qualifications, how the deposition is being taken, the evidence offered, a party's conduct, or anything else about the proceeding -- get noted by the officer on the deposition, and the testimony objected to is still taken down subject to the objection. Parties can also skip the oral examination and submit written questions in a sealed envelope to the party taking the deposition, who passes them to the officer to ask the witness and record the answers word for word.
Objections during a deposition have to be stated concisely and without argument or suggestion to the witness. An attorney can instruct a client not to answer a question only to preserve a privilege, to enforce a limit the court has already ordered, or to set up a motion under Rule 30.04. If the court finds that a party's conduct -- an impediment, a delay, or something else -- has kept the deposition from being conducted in a fair way, it can sanction the responsible person, including making them pay the other side's reasonable costs and attorney's fees.
Frequently Asked Questions
Can my attorney tell me not to answer a question during a deposition in Kentucky?
Only in limited situations. Rule 30.03(3) allows an attorney to instruct a client not to answer a question to preserve a privilege, to enforce a court-ordered limitation on evidence, or to present a motion under Rule 30.04.
What happens when someone objects during a deposition?
The officer notes the objection on the deposition, and the testimony is still taken down subject to that objection. Objections must be stated concisely and in a nonargumentative, nonsuggestive way.
Can a court punish someone for disrupting a deposition in Kentucky?
Yes. If the court finds that an impediment, delay, or other conduct has frustrated a fair examination of the witness, it can sanction the responsible person, including ordering them to pay the reasonable costs and attorney's fees the resulting delay caused.
Source & verification. The rule text is reproduced verbatim from the
official Kentucky Rules of Civil Procedure (Ky. R. Civ. P. 30.03). 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: objecting during a deposition Kentuckyinstructing a witness not to answerdeposition sanctions for misconductwritten questions instead of an oral depositionrecording testimony at a deposition