(1) A subpoena that commands the person to whom it is directed to produce designated documents or tangible things or to permit inspection of premises may relate only to matters within the scope of discovery permitted by Rule 26.02. Every subpoena will be subject to the provisions of Rule 26.03.
Rule 45.04.Protection of a person subject to a subpoena.
Current through June 18, 2026 · Last verified July 9, 2026
In one sentenceLimits a document or premises-inspection subpoena to matters within the scope of discovery, gives the recipient a short window to object in writing instead of complying, and restricts where a resident can be compelled to appear and when in-person appearance is required at all.
Full Text of Rule 45.04
(2) The person to whom a subpoena is directed may, within ten (10) days after the service thereof or on or before the time specified in the subpoena for compliance if such time is less than ten (10) days after service, serve upon the attorney or pro se party designated in the subpoena written objection to inspection or copying of any or all of the designated materials. If objection is made, the party serving the subpoena shall not be entitled to inspect and copy the materials except pursuant to an order of the court from which the subpoena was issued. The party serving discovery may, upon notice, move for an appropriate order.
(3) A resident of the state may be required to attend an examination only in the county wherein he resides or is employed or transacts his business in person, or at such other convenient place as is fixed by an order of the court. A person commanded to produce documents or tangible things, or to permit the inspection of premises, need not appear in person at the place of production or inspection unless also commanded to appear for a deposition, hearing, or trial.
Amendment History
(Amended effective October 1, 1971; amended February 11, 2009, effective April 1, 2009.)
Plain-English Summary
A subpoena that orders someone to hand over documents or tangible things, or to let someone inspect premises, cannot reach beyond what discovery already permits. It has to relate only to matters within the scope of discovery, and it stays subject to whatever protective order the court has entered.
The person served does not have to comply automatically. Within ten days after service -- or sooner, if the subpoena sets a compliance deadline less than ten days out -- that person can serve a written objection to inspecting or copying any or all of the material. Once an objection is served, the party who sent the subpoena cannot inspect or copy anything covered by it without a court order, though that party can move for one on notice.
The rule also protects where and whether someone has to show up in person. A Kentucky resident can be required to attend an examination only in the county where he lives, works, or transacts business in person, unless the court fixes some other convenient place. And a person commanded only to produce documents or tangible things, or to let someone inspect premises, does not have to appear in person at all -- unless the subpoena also commands attendance at a deposition, hearing, or trial.
Frequently Asked Questions
Can I object to a subpoena instead of going to court?
Yes. Within ten days after being served, or earlier if the subpoena gives less than ten days to comply, you can serve a written objection to inspecting or copying the material. Once you object, the party who sent the subpoena needs a court order before it can inspect or copy anything.
Do I have to show up in person to produce documents under a subpoena?
No, not unless the subpoena also commands you to appear for a deposition, hearing, or trial. A subpoena that only asks for documents, tangible things, or a chance to inspect premises does not require personal appearance.
Where can a subpoena require a Kentucky resident to appear?
Only in the county where the resident lives, works, or transacts business in person, unless the court orders some other convenient location.
Source & verification. The rule text is reproduced verbatim from the
official Kentucky Rules of Civil Procedure (Ky. R. Civ. P. 45.04). 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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