Legal Question in Civil Litigation in Kentucky

Place for taking a non-resident Plaintiff's Deposition

California Plaintiff files a law suit souding in Contract, seeking $30,000,000.00, in Kentcky state court against a Kentucky resident alleging jurisdiction based on an alleged contract being made in Kentkucky. Defendant calls Plaintiff's counsel to schedule Plaintiff's deposition and counsel maintains Defendant has to go to California to take depo. Unable to find mcuh law other than saying 'sound discretion of the court' with due consideration to be given to whether the depo is harassing, hardship, expense, et cetra.

Only found one case (Hoffman V Dow Chemical, 413 S.W.2d 332) which holds under the circumstances of that case, Plaintiff did not have to come to KY for giving depo, but case h quotes 2A Barron U Holtzoff, Federal Practice and Procedure, Rule 30, ag page 212 stating the normal rule is the plaintiff will be required to make himself available in the forum where suit was brought.

Does any one have any additional law, from any juridsdiction on the right of the Defendant to require the Palintiff to come to the forum sellected by the Plaitiff?


Asked on 3/03/04, 6:07 pm

1 Answer from Attorneys
Philip Owens Philip M. Owens, Attorney at Law

Re: Place for taking a non-resident Plaintiff's Deposition

Generally, the consideration is for the witness and the inconvenience to which he or she is placed. Party plaintiffs do subject themselves to a certain amount of inconvenience by choosing to bring the action. I would initially think that the plaintiff is going to have to come to Kentucky to give a deposition. If the witness were someone else, then you may have to go where they are, i.e. a witness to a car accident on an interstate highway. However, what about a plaintiff that would be unable to travel due to some disability? Interesting. Most likely, a motion would have to be made by the Kentucky defendant to compel the plaintiff to be available in Kentucky. This is all a gut reaction. This fact situation sounds like a law school exam question. Is it??

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Answered on 3/03/04, 10:10 pm


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