§ CR 45.05 Subpoena for a hearing or trial; personal attendance

Codes > Kentucky Rules of Civil Procedure > VI Trials > CR 45 > CR 45.05

CR 45.05 Subpoena for a hearing or trial; personal attendance

    (1) Subject to the provisions of paragraph (2) of this rule a witness whose deposition might be used under Rule 32.01(c) shall not be compelled to appear in court for oral examination, unless he/she failed, when duly subpoenaed, to give his/her deposition.

    (2) Upon the affidavit of a party or his/her attorney that the testimony of a witness is important, and that the just and proper effect of that testimony can not in a reasonable degree be obtain without oral examination in court, the court may, in its discretion, order the personal attendance of the witness, although such witness may otherwise be exempt from personal attendance.