Where the answer to an interrogatory may be derived or ascertained from the business records of the party upon whom the interrogatory has been served or from an examination, audit or inspection of such business records, or from a compilation, abstract or summary based thereon, and the burden of deriving or ascertaining the answer is substantially the same for the party serving the interrogatory as for the party served, it is a sufficient answer to such interrogatory to specify the records from which the answer may be derived or ascertained and to afford to the party serving the interrogatory reasonable opportunity to examine, audit or inspect such records and to make copies, compilations, abstracts or summaries.
Rule 33.03.Option to produce business records.
Current through June 18, 2026 · Last verified July 9, 2026
In one sentenceLets a party answer an interrogatory by identifying its business records from which the answer can be derived and giving the requesting party a reasonable chance to inspect and copy them, when doing so imposes the same burden on both sides.
Full Text of Rule 33.03
Amendment History
(Amended effective October 1, 1971.)
Plain-English Summary
When the answer to an interrogatory sits in the business records of the party who received it — or can be worked out from examining, auditing, or inspecting those records, or from a compilation, abstract, or summary based on them — that party does not have to write out a narrative answer. It can instead specify the records and give the other side a reasonable opportunity to examine, audit, or inspect them and to make copies, compilations, abstracts, or summaries, as long as the burden of deriving the answer is substantially the same for the party serving the interrogatory as for the party served.
Frequently Asked Questions
Can I answer an interrogatory by pointing to my business records instead of writing an answer?
Yes, if the burden of deriving the answer from those records is substantially the same for the party asking as for the party answering. You specify the records and give the other side a reasonable opportunity to examine, audit, or inspect them and make copies, compilations, abstracts, or summaries.
Does this option apply if it would be harder for the other side to dig the answer out of my records?
The rule allows this option only when the burden of deriving or ascertaining the answer is substantially the same for both the party serving the interrogatory and the party served.
Source & verification. The rule text is reproduced verbatim from the
official Kentucky Rules of Civil Procedure (Ky. R. Civ. P. 33.03). 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: producing business records instead of answering interrogatoriesoption to produce records in lieu of interrogatory answerbusiness records option Kentucky discovery