Depositions, Discovery, and Pretrial Proceedings
The discovery frame
Kentucky's discovery rules sit in the Civil Rules. CR 26 sets the scope: matter relevant to the subject matter, nonprivileged, and reasonably calculated to lead to the discovery of admissible evidence. Interrogatories (CR 33) are answered in writing within the rule's period (30 days after service absent stipulation); production (CR 34), admissions (CR 36), and physical or mental examinations (CR 35) round out the tools. Oral depositions are governed by CR 30, their use at trial by CR 32, and CR 29 permits stipulations that vary the usual procedure.
Mechanics of an oral deposition
- The officer administers the oath and must be disinterested - no relation to or financial interest in the case.
- On the record: caption and case number, location and date, appearances, oath, stipulations, and exhibit marking as items are identified.
- Objections are stated concisely ("Objection, form," "Objection, leading") and the answer is taken subject to the objection. Instructions not to answer are limited and ordinarily require a privilege or a protective order.
- The witness may review and sign the transcript unless that right is waived on the record; the officer's certificate describes the manner of recording and any changes.
Pretrial proceedings
Scheduling orders, motions in limine, pretrial conferences under CR 16, and mediation all generate recordable events or reportable results.
Worked example
Counsel says, "Objection - relevance. Instructing the witness not to answer." With no privilege claimed and no protective order, the instruction is improper: the deposition continues, the question and answer go on the record, and the objection is preserved for the court to rule on later.
Traps
Going off the record without announcing it, failing to mark exhibits as identified, omitting the certificate or the witness's waiver, and importing federal timing rules into a Kentucky state-court deposition.