(1) Subject to the provisions of paragraph (2) of this rule a witness whose deposition might be used under Rule 32.01(c) shall not be compelled to appear in court for oral examination, unless he/she failed, when duly subpoenaed, to give his/her deposition.
Rule 45.05.Subpoena for a hearing or trial; personal attendance.
Current through June 18, 2026 · Last verified July 9, 2026
In one sentenceExcuses a deposed witness from personal appearance at trial unless the witness dodged a deposition subpoena, but lets the court order in-person testimony anyway when a party's affidavit shows the testimony matters and cannot be captured adequately without live examination.
Full Text of Rule 45.05
(2) Upon the affidavit of a party or his/her attorney that the testimony of a witness is important, and that the just and proper effect of that testimony can not in a reasonable degree be obtain without oral examination in court, the court may, in its discretion, order the personal attendance of the witness, although such witness may otherwise be exempt from personal attendance.
Amendment History
(Amended effective October 1, 1971; amended October 18, 1977, effective January 1, 1978; amended November 21, 1977, effective January 1, 1978; amended February 11, 2009, effective April 1, 2009.)
Plain-English Summary
If a witness has already given a deposition that could be used under Rule 32.01(c), that witness does not have to show up in court to be examined again -- as long as the witness gave the deposition when duly subpoenaed to do so in the first place. A witness who dodged a deposition subpoena loses that protection.
Even a witness who is otherwise exempt from appearing in person can still be ordered to attend. If a party or the party's attorney files an affidavit showing that the witness's testimony matters and that its just and proper effect cannot, to a reasonable degree, come through without live examination in court, the court can order the witness to appear in person. That call rests in the court's discretion.
Frequently Asked Questions
If I already gave a deposition, do I still have to testify in person at trial?
Not usually. A witness whose deposition might be used under Rule 32.01(c) does not have to appear in court for oral examination, unless that witness failed to give the deposition after being duly subpoenaed for it.
Can a court still force a deposed witness to testify live?
Yes. On a party's or attorney's affidavit showing the testimony is important and its just and proper effect cannot be obtained in a reasonable degree without oral examination in court, the court may order the witness to attend in person, even if the witness would otherwise be exempt.
Source & verification. The rule text is reproduced verbatim from the
official Kentucky Rules of Civil Procedure (Ky. R. Civ. P. 45.05). 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: do I have to testify in person if I gave a depositionexcused from trial testimony after depositioncourt order compelling live testimonyCR 45.05