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Attached  is an  Order of the Kentucky Supreme Court amending the Kentucky Rules of Civil Procedure effective 4/1/09.  The amendments include the following:

1. New CR 7.03 prohibiting the filing of documents with the court clerk containing unredacted personal data and financial information (including SSN or TIN, DOB (except in criminal cases), and financial account numbers).

2. Various amendments to CR 45 governing subpoenas, including:

    - requiring the issuing attorney to include his/her name, address, phone number, and email on the subpoena (CR 45.01(1));

    - permitting issuance of a subpoena solely for production or inspection of documents without testimony (CR 45.01(1)); in this event, notice, with certification of service on the subpoena itself, must still be given to all other parties and to any person whose information is being requested (CR 45.01(1));

    - permitting a person served with a subpoena for production or inspection of documents only (i.e., without a notice of deposition) to elect not to appear in person but rather produce the subpoenaed documents or things to the issuing attorney (CR 45.04(3)), who must then "forthwith" furnish copies to all other parties (CR 45.03(2));
    - requiring proof of service to be filed with the court, consisting of the server's statement showing the date and manner of service and name of the person served (CR 45.03(1)).

    A new subpoena form is attached to the Order.

3. Amendments to CR 73.02 clarifying time computation for filing of a notice of appeal when certain post-judgment motions are filed.

David V. Kramer
Dressman Benzinger LaVelle PSC
207 Thomas More Parkway
Crestview Hills, KY 41017

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