(1) A subpoena may be served in any manner that a summons might be served. It may also be served by any person over eighteen years of age, and the affidavit endorsed thereon by such person shall be proof of service or the witnesses may acknowledge service in writing on the subpoena. Service of the subpoena shall be made by delivering or offering to deliver a copy thereof to the person to whom it is directed. A subpoena may be served at any place within this state. Proof of service shall be made by filing with the issuing court a statement showing the date and manner of service and the names of the persons served. The statement must be certified by the server.
Rule 45.03.Service; Notice.
Current through June 18, 2026 · Last verified July 9, 2026
In one sentenceSets out how a subpoena must be served, who can serve it and where, how service is proven to the court, and requires notice to other parties before a document or inspection subpoena goes out, plus prompt sharing of what comes back in response.
Full Text of Rule 45.03
(2) Copies of all documents received in response to the subpoena shall be forthwith furnished to all other parties to the action, except on motion and for good cause shown. Any other tangible evidence received in response to the subpoena shall be forthwith made available for inspection by all other parties to the action.
(3) Before any subpoena is served, notice of that subpoena, except those issued for trial, shall be served on each party and any person or entity whose information is being requested.
Amendment History
(Amended October 1, 1991, effective November 15, 1991; amended February 11, 2009, effective April 1, 2009; amended October 4, 2012, effective January 1, 2013.)
Plain-English Summary
A subpoena can be served the same way a summons is served, or by any person over eighteen who delivers or offers to deliver a copy to the person named in it. Service can happen anywhere in Kentucky. Whoever serves it either signs an affidavit proving service, or the witness acknowledges service in writing on the subpoena itself. Either way, the person who served it must file a certified statement with the issuing court showing the date, the manner of service, and who was served.
Once documents come back in response to a subpoena, the party who obtained them must forthwith send copies to every other party in the case, unless a motion and good cause say otherwise. Any tangible evidence that is not a document -- an object, a sample, anything physical -- must be made available for the other parties to inspect.
Before a subpoena for documents or information goes out, notice of it must go to every party and to any person or entity whose information is being sought. That advance-notice requirement does not apply to subpoenas issued for trial.
Frequently Asked Questions
Who can serve a subpoena in Kentucky?
Anyone who could serve a summons, or any person over eighteen years old who delivers or offers to deliver a copy of the subpoena to the person it names.
Do I have to tell the other side before I send out a subpoena?
Yes, for a subpoena seeking documents or information you must serve notice on every party and on any person or entity whose information is being requested before the subpoena itself is served. Trial subpoenas are exempt from this advance-notice step.
What do I have to do once documents come back from a subpoena?
You must forthwith furnish copies of any documents received to all other parties in the action, unless a motion and good cause shown excuse that, and you must make any other tangible evidence available for the other parties to inspect.
Source & verification. The rule text is reproduced verbatim from the
official Kentucky Rules of Civil Procedure (Ky. R. Civ. P. 45.03). 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: how to serve a subpoena in Kentuckyproof of service subpoenanotice before serving a subpoenasharing documents received from subpoenaCR 45.03