SCOKY Amends Several Civil Rules, Including CR 45 Governing Subpoenas; Advance Notice of Subpoena to Other Parties and to Person Affected Now Required (Other than for Trial); Appendix of Forms Deleted

SCOKY Amends Several Civil Rules, Including CR 45 Governing Subpoenas; Advance Notice of Subpoena to Other Parties and to Person Affected Now Required (Other than for Trial); Appendix of Forms Deleted
By David Kramer | dkramer@dbllaw.com

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The Kentucky Supreme Court issued an Order in October (Order 2012-10) amending several of the Kentucky Rules of Civil Procedure, most notably including CR 45, which governs civil subpoenas. The amendments become effective January 1, 2013.

Amendments to CR 45.01(1) and (2) clarify that subpoenas may now be issued solely for document production without deposition testimony from the person who is producing documents and without obtaining a court order permitting production without testimony. The prior Rules were ambiguous on that point. The amendments also deleted the last sentence of CR 45.01(1) regarding service of subpoenas, since it overlapped with CR 45.03(3).

In addition, an amendment to CR 45.03(3) will now require that prior notice of the forthcoming issuance of a subpoena for deposition testimony and/or document production, but not for attendance at trial, must be served on every other party and each person whose information is being requested. The Rule does not specify any particular amount of time that must elapse between the notice of service and service itself. The prior Rule merely required service of the subpoena on other parties and on the person whose information is being requested in the manner prescribed by CR 5.02, but did not require such service in advance of service of the subpoena.

An amendment to CR 52.01 clarified that a court is to render findings of fact and conclusions of law in granting or denying a permanent injunction. The Rule previously mentioned only rulings on requests for temporary injunctions as necessitating issuance of findings of fact and conclusions of law.

Finally, the Court deleted (i.e., abolished) CR 84 and the Appendix of Forms that was attached to the Civil Rules. The deletion of the Appendix to the Civil Rules did not affect the list of official forms published by the Kentucky
Administrative Office of the Courts, which is available at this link: http://courts.ky.gov/resources/legalforms/Pages/legalformlibrary.aspx.

NOTE: The foregoing post includes commentary reprinted from the forthcoming 2013 supplement to Rules of Civil Procedure Annotated, 6th ed. (Vols. 6 & 7, Kentucky Practice Series), by David V. Kramer and Todd V. McMurtry, with permission of the authors and publisher. Copyright (c) 2013 (pending) Thomson Reuters. For more information about this publication please visit http://store.westlaw.com/rules-of-civil-procedure-annotated-6th-vols-6-7-kentucky/130503/11774808/productdetail.

David Kramer is a Northern Kentucky attorney practicing at Dressman Benzinger LaVelle psc.

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