Current through June 18, 2026 · Last verified July 9, 2026
In one sentenceRule 5.06 keeps routine discovery paperwork — interrogatories, production or inspection requests, admission requests, and subpoenas — out of the court file, leaving the serving party as custodian, unless the court orders it filed, it is needed at trial or on a pretrial motion, or it is needed for appeal or another later purpose.
(1)Except as provided in paragraphs (2) and (3) of this rule, the following documents shall not be filed with the Court unless the Court orders otherwise:
(a)Interrogatories propounded under Rule 33,
(b)Requests for Production or Inspection made under Rule 34,
(c)Requests for Admission under Rule 36, and
(d)Subpoenas issued pursuant to Rule 45.
The party responsible for service of the document shall retain the original and become the custodian. The custodian shall provide access to all parties of record during the pendency of the action. Subpoenas shall be returned to the party requesting issuance.
(2)If a document not filed pursuant to Rule 5.06 (1) is to be used at trial or is necessary to a pre-trial motion, the portion of the document to be used shall be filed with the Clerk of the Court at the outset of the trial or at the filing of the motion insofar as its use can be reasonably anticipated.
(3)When a document not filed pursuant to Rule 5.06 (1) is needed for appeal purposes, post-trial motions, or any other purpose, the court before which the case is pending shall, upon motion of any party, order the necessary document be filed with the Clerk and it shall become part of the record. The parties may, at any time by stipulation, file documents not filed pursuant to Rule 5.06 (1).
Amendment History
(Adopted June 29, 1984 and amended July 19, 1984, effective January 1, 1985; amended July 12, 1989, effective August 28, 1989; amended October 1, 1991, effective November 15, 1991.)
Plain-English Summary
Discovery generates paper: interrogatories under Rule 33, production and inspection requests under Rule 34, admission requests under Rule 36, and subpoenas under Rule 45. Rule 5.06 keeps all of it out of the court record by default. Whichever party is responsible for serving the document holds onto the original and acts as its custodian, and must give every other party of record access to it while the case is pending. Subpoenas go back to the party who asked for them to be issued.
That default changes at a few points. If a document is going to be used at trial or is needed for a pretrial motion, the portion used must be filed with the clerk when the trial starts or the motion is filed, as far in advance as its use can reasonably be foreseen. If a document is needed later — for an appeal, a post-trial motion, or some other purpose — the court can order it filed on any party's motion, and it then becomes part of the record. Parties can also agree by stipulation to file any of this material at any time, without waiting for a court order.
Frequently Asked Questions
Do interrogatories and document requests have to be filed with the court?
No. Under Rule 5.06 they stay with the party who served them unless the court orders otherwise. The serving party acts as custodian and must give other parties access while the case is pending.
Who keeps the original of a subpoena or interrogatory answers?
The party responsible for serving the document keeps the original and serves as its custodian. Subpoenas specifically get returned to the party who requested they be issued.
When does discovery material eventually have to be filed with the clerk?
When it will be used at trial or is needed for a pretrial motion — filed at the outset of trial or when the motion is filed. It can also be filed by court order for appeal or post-trial purposes, or any time by stipulation of the parties.
Source & verification. The rule text is reproduced verbatim from the
official Kentucky Rules of Civil Procedure (Ky. R. Civ. P. 5.06). 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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