(1) If the party giving the notice of the taking of a deposition fails to attend and proceed therewith and another party attends in person or by attorney pursuant to the notice, the court may order the party giving the notice to pay to such other party the amount of the reasonable expenses incurred by him and his attorney in so attending, including reasonable attorney's fees.
Rule 30.07.Failure to attend or to serve subpoena -- Expenses.
Current through June 18, 2026 · Last verified July 9, 2026
In one sentenceLets the court order a no-show party who noticed a deposition to pay the reasonable expenses and attorney's fees of any other party who showed up in person or through counsel, whether the failure was not attending at all or not serving a subpoena on the witness.
Full Text of Rule 30.07
(2) If the party giving the notice of the taking of a deposition of a witness fails to serve a subpoena upon him and the witness because of such failure does not attend, and if another party attends in person or by attorney because he expects the deposition of that witness to be taken, the court may order the party giving the notice to pay to such other party the amount of the reasonable expenses incurred by him and his attorney in so attending, including reasonable attorney's fees.
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
Noticing a deposition and then not following through can waste everyone else's time and money, and this rule gives the court a way to make that costly. It covers two situations. First, if the party who gave notice of a deposition fails to show up and go forward with it, and another party appears in person or through an attorney because of the notice, the court can order the no-show party to pay the reasonable expenses that other party incurred in attending, including attorney's fees.
Second, the rule covers a subtler failure: the noticing party arranges the deposition of a witness but never serves a subpoena on that witness, so the witness never shows up. If another party still attends, expecting to take that witness's deposition, the court can again order the party who gave notice to cover the reasonable expenses of attending, including attorney's fees.
Frequently Asked Questions
Can I recover costs if opposing counsel no-shows a deposition they scheduled?
Yes. If the party who noticed the deposition fails to attend and you show up in person or by attorney, the court may order that party to pay your reasonable expenses in attending, including attorney's fees.
What if the other side scheduled a deposition but never subpoenaed the witness?
If the party who noticed the deposition fails to serve a subpoena on the witness and the witness does not show up as a result, and you attend expecting the deposition to go forward, the court may order that party to pay your reasonable expenses, including attorney's fees.
Source & verification. The rule text is reproduced verbatim from the
official Kentucky Rules of Civil Procedure (Ky. R. Civ. P. 30.07). 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 no-show expensesattorney fees for missed depositionopposing party failed to attend depositionwitness never subpoenaed for depositionsanctions for skipping a deposition