Kentucky Application For Expedited Discovery

State:
Multi-State
Control #:
US-TS11011C
Format:
Word; 
PDF; 
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Description

This form is an Ex Parte Application and Memorandum for Expedited Discovery usable in cases with claims regarding licensing, patents, or commercial trade secrets.

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FAQ

In any action exempted under KRS 411.610, all discovery and other proceedings shall be stayed during the pendency of any motion to dismiss unless the court finds upon the motion of any party that particularized discovery is necessary to preserve evidence or to prevent undue prejudice to that party.

(b) Scope. Discovery covers any nonprivileged matter that is relevant to the issues involved in the appeal, including the existence, description, nature, custody, condition, and location of documents or other tangible things, and the identity and location of persons with knowledge of relevant facts.

A party may obtain discovery of the existence and contents of any insurance agreement under which any person carrying on an insurance business may be liable to satisfy part or all of a judgment which may be entered in the action or to indemnify or reimburse for payments made to satisfy the judgment.

The party upon whom the interrogatories have been served shall serve a copy of the answers, and objections if any, within 30 days after the service of the interrogatories, except that a defendant may serve answers or objections within 45 days after service of the summons upon that defendant.

I. CR 26.02 also provides: ?It is not ground for objection that the information sought will be inadmissible at the trial if the information sought appears reasonably calculated to lead to the discovery of admissible evidence.? Id.

Parties may obtain discovery regarding any matter, not privileged, which is relevant to the subject matter involved in the pending action, whether it relates to the claim or defense of the party seeking discovery or to the claim or defense of any other party, including the existence, description, nature, custody, ...

Under the more popular ?good cause? analysis, sometimes referred to as a reasonableness standard, courts examine the discovery request ?on the entirety of the record to date and the reasonableness of the request in light of all the surrounding circumstances.? Here, expedited discovery will be permitted where the need, ...

The party upon whom the interrogatories have been served shall serve a copy of the answers, and objections if any, within 30 days after the service of the interrogatories, except that a defendant may serve answers or objections within 45 days after service of the summons upon that defendant.

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Kentucky Application For Expedited Discovery