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Rule 30.05.Submission to witness -- Changes -- Signing.

Current through June 18, 2026 · Last verified July 9, 2026

In one sentenceGives any party the right to demand that a deposition be read to the witness for review, lets the witness enter changes with stated reasons before signing, and provides that an officer-certified unsigned deposition (because the witness is ill, absent, or refuses) can still be used unless the court rejects it under Rule 32.04.

Full Text of Rule 30.05

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Any party to an action may make written request before the officer taking a deposition therein that it be submitted to the witness. In such event, and when the testimony is fully transcribed, the deposition shall be submitted to the witness for examination and shall be read to or by him. Any changes in form or substance which the witness desires to make shall be entered upon the deposition by the officer with a statement of the reasons given by the witness for making them. The deposition shall then be signed by the witness unless the witness is ill or cannot be found or refuses to sign. If the deposition is not signed by the witness, the officer shall sign it and state on the record the fact of the illness or absence of the witness or the fact of the refusal to sign together with the reason, if any, given therefor; and the deposition may then be used as fully as though signed, unless on a motion to suppress under Rule 32.04 the court holds that the reasons given for the refusal to sign require rejection of the deposition in whole or in part.

Amendment History

The source reproduced here (current through June 18, 2026) records no amendment to this rule since its original adoption — no History line appears for it in the compiled rules. For the underlying adopting order and any later amendments, see the West’s Rules & Procedures.

Plain-English Summary

By default nothing requires a witness to look over a deposition transcript before it gets used. This rule lets any party change that by making a written request, before the officer taking the deposition, that the transcript be submitted to the witness. If someone makes that request, the finished transcript has to be read to the witness, or read by the witness, once it is fully typed up.

At that reading, the witness can ask for changes in form or substance. The officer writes those changes into the deposition along with whatever reason the witness gives for making them — the original testimony is not erased, the change is layered on with an explanation attached. The witness then signs the deposition to confirm it.

Sometimes a witness cannot or will not sign. If the witness is ill, cannot be located, or refuses, the officer signs it instead and puts on the record why: illness, absence, or refusal, along with any reason given for a refusal. An unsigned deposition handled this way can still be used in the case just as if the witness had signed it, unless a party moves to suppress it under Rule 32.04 and the court decides the refusal reasons justify throwing out all or part of it.

Frequently Asked Questions

How do I make sure a witness reviews their deposition transcript before it's used?

Any party can make a written request, before the officer taking the deposition, that the deposition be submitted to the witness. Once made, the transcript must be read to or by the witness after it is fully transcribed.

What happens if a deposition witness refuses to sign the transcript?

The officer signs the deposition instead and notes on the record the fact of the refusal along with any reason the witness gave. The deposition can still be used as if it had been signed, unless a court grants a motion to suppress it under Rule 32.04.

Can a witness change their answers after giving a deposition?

Yes. When a deposition has been submitted to the witness under this rule, the witness may make changes in form or substance, and the officer enters those changes along with the witness's stated reasons before the deposition is signed.

Source & verification. The rule text is reproduced verbatim from the official Kentucky Rules of Civil Procedure (Ky. R. Civ. P. 30.05). 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: reviewing a deposition transcriptwitness signing a depositionchanging deposition testimonyerrata sheet for depositionunsigned deposition used at trialmotion to suppress deposition