Depositions are permitted as a matter of right of parties only. The plaintiff shall be required to give his deposition before any other discovery takes place unless the defendant elects not to examine the plaintiff or the court otherwise directs. Except as otherwise ordered by the court, a deposition of a witness shall be permitted only if it will be introduced at trial according to the provisions of Rule 32.01.
Rule 93.01.Depositions.
Current through June 18, 2026 · Last verified July 9, 2026
In one sentenceRule 93.01 limits depositions on the ELD to parties as a matter of right, requires the plaintiff to be deposed before other discovery proceeds unless the defendant elects not to examine the plaintiff or the court directs otherwise, and permits deposing a witness only if the deposition will be introduced at trial under Rule 32.01.
Full Text of Rule 93.01
Amendment History
(Adopted September 10, 1982, effective October 1, 1982.)
Plain-English Summary
Rule 93.01 narrows deposition practice on the Economical Litigation Docket compared to the general discovery rules. Only parties may be deposed as a matter of right -- there is no automatic right to depose a non-party witness. A deposition of a witness is permitted only if it will be introduced at trial under Rule 32.01, unless the court orders otherwise.
The rule also sets an order of operations: the plaintiff must give a deposition before any other discovery takes place, unless the defendant elects not to examine the plaintiff or the court directs a different sequence. In practice, this front-loads the plaintiff's deposition at the start of discovery on an ELD case rather than leaving the sequence to the parties.
Frequently Asked Questions
Can I depose a non-party witness under Kentucky's ELD?
Rule 93.01 gives parties a right to take depositions of parties. A deposition of a witness is permitted only if it will be introduced at trial under Rule 32.01, unless the court orders otherwise.
Does the plaintiff have to be deposed first on the ELD?
Yes, generally. Rule 93.01 requires the plaintiff to give a deposition before any other discovery takes place, unless the defendant elects not to examine the plaintiff or the court directs otherwise.
Why would a court allow a deposition of a witness who will not testify at trial?
Rule 93.01 permits that outcome only if the court orders it; absent a court order, a witness deposition is allowed only when it will be introduced at trial under Rule 32.01.
Source & verification. The rule text is reproduced verbatim from the
official Kentucky Rules of Civil Procedure (Ky. R. Civ. P. 93.01). 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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