(1) Form of Evidence. In all trials concerning alimony or divorce; the enforcement of a lien or the satisfaction of a judgment; judicial sale; surcharge or accounting; settlement of estates; the division of land; or the allotment of dower, the testimony shall be taken by deposition, unless the court by order or by local rule directs the testimony to be heard under oath and orally in open court. In all other trials the testimony of witnesses shall be heard under oath and orally in open court, unless otherwise provided by these rules or by statute, except that the court may upon motion or upon its own initiative, and with due regard to the importance of presenting the testimony of witnesses orally in open court, order the testimony to be taken by deposition upon any issue which is to be tried by the court without a jury.
Rule 43.04.Form of evidence; Trial by deposition.
Current through June 18, 2026 · Last verified July 9, 2026
In one sentenceRule 43.04 requires deposition testimony by default in cases involving divorce or alimony, lien enforcement, judgment satisfaction, judicial sale, surcharge, estate settlement, land division, or dower, requires open-court testimony in other cases, and sets 30-day deadlines for completing depositions plus a 10-day rebuttal window.
Full Text of Rule 43.04
(2) Time of Taking Depositions. In all cases where proof is to be taken by deposition without an order of court the plaintiff shall complete his evidence by deposition 30 days after the service of the last pleading directed to the issue. In cases where evidence is ordered taken by deposition the plaintiff shall complete his evidence by deposition 30 days after service of the order directing proof to be so heard. The court may in either case order a shorter or longer period for good cause. The defendant shall complete his proof by deposition 30 days after the termination of the period allowed the plaintiff by this rule or by the court, unless the court for good cause orders a shorter or longer period. The parties shall each have 10 days in which to take rebuttal depositions, unless a longer period is allowed by the court.
(3) Procedure. The provisions of Rule 26, 28, 29, 30, 31, 32 and 37 shall apply to depositions to be used under this rule, except that the party taking a deposition shall give prompt notice of its filing to all other parties; and no objection to the competency, relevancy or materiality of testimony shall be regarded unless made at the taking of the deposition or subsequently made in writing, specifying the grounds of objection, and served and filed prior to the submission of the case.
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
Most civil trials in Kentucky put witnesses on the stand in open court, under oath, so the judge or jury can watch them testify live. Rule 43.04 flips that default for a specific set of cases -- divorce and alimony, enforcing a lien, satisfying a judgment, a judicial sale, a surcharge or accounting, settling an estate, dividing land, or allotting dower -- where the evidence instead comes in through depositions unless the court orders live testimony by rule or order. Even outside that list, a judge trying an issue without a jury can order proof taken by deposition on a motion or on the court's own initiative, while still weighing the value of hearing witnesses in person.
When proof is going in by deposition, Rule 43.04 sets the clock. Without a court order, the plaintiff has 30 days after the last pleading on the issue is served to finish taking depositions. If the court orders deposition proof instead, that 30 days runs from service of the order. The defendant then gets 30 days after the plaintiff's period ends to complete depositions, and both sides get 10 more days for rebuttal depositions -- though the court can shorten or lengthen any of these periods for good cause.
These depositions follow the same rules as any other deposition under Rules 26, 28 through 32, and 37. The party who takes the deposition must promptly tell the other parties it's been filed. And any objection to the competency, relevance, or materiality of the testimony has to be raised at the deposition itself, or made later in a written, specific objection filed before the case is submitted -- silence at the right moment can waive the point.
Frequently Asked Questions
Will my Kentucky divorce case be decided from depositions instead of a trial with live witnesses?
Under Rule 43.04, testimony in divorce and alimony cases -- along with lien enforcement, judgment satisfaction, judicial sales, estate settlements, land division, and dower cases -- comes in by deposition unless the court orders it heard orally in open court.
How long do I have to finish taking depositions before trial under Rule 43.04?
Without a court order, the plaintiff must complete deposition proof 30 days after the last pleading on the issue is served; the defendant then has 30 days after the plaintiff's period ends, and both sides get 10 more days for rebuttal depositions. The court can shorten or extend any of these periods for good cause.
Can I object to deposition testimony used at trial under Rule 43.04?
Yes, but the objection to competency, relevance, or materiality must be raised at the deposition or filed in writing, stating the grounds, before the case is submitted -- otherwise it isn't considered.
Source & verification. The rule text is reproduced verbatim from the
official Kentucky Rules of Civil Procedure (Ky. R. Civ. P. 43.04). 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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