Rule 45.04.Protection of a person subject to a subpoena.
Current through June 18, 2026 · Last verified July 9, 2026
Full Text of Rule 45.04
Amendment History
(Amended effective October 1, 1971; amended February 11, 2009, effective April 1, 2009.)
Plain-English Summary
A subpoena that orders someone to hand over documents or tangible things, or to let someone inspect premises, cannot reach beyond what discovery already permits. It has to relate only to matters within the scope of discovery, and every subpoena, whatever it asks for, is subject to the protective-order provisions of Rule 26.03.
The person served does not have to comply automatically. Within ten days after service -- or sooner, if the subpoena sets a compliance deadline less than ten days out -- that person can serve a written objection to inspecting or copying any or all of the material. Once an objection is served, the party who sent the subpoena cannot inspect or copy anything covered by it without a court order, though that party can move for one on notice.
The rule also protects where and whether someone has to show up in person. A Kentucky resident can be required to attend an examination only in the county where he lives, works, or transacts business in person, unless the court fixes some other convenient place. And a person commanded only to produce documents or tangible things, or to let someone inspect premises, does not have to appear in person at all -- unless the subpoena also commands attendance at a deposition, hearing, or trial.
Frequently Asked Questions
Can I object to a subpoena instead of going to court?
Yes. Within ten days after being served, or earlier if the subpoena gives less than ten days to comply, you can serve a written objection to inspecting or copying the material. Once you object, the party who sent the subpoena needs a court order before it can inspect or copy anything.
Do I have to show up in person to produce documents under a subpoena?
No, not unless the subpoena also commands you to appear for a deposition, hearing, or trial. A subpoena that only asks for documents, tangible things, or a chance to inspect premises does not require personal appearance.
Where can a subpoena require a Kentucky resident to appear?
Only in the county where the resident lives, works, or transacts business in person, unless the court orders some other convenient location.