Annotation for 41 S.W.3d 860

The statute does not exempt or exclude all records from the open records disclosure in favor of discovery in litigation or anticipated litigation cases, but limits the release of records specifically listed in subsection (1) to those records which parties can obtain through a court order; the gist of this wording is not to terminate a person’s right to use an open records request during litigation, but to limit a court on an open records request on excluded records to those records that could be authorized through a court order on a request for discovery under the Rules of Civil Procedure governing pretrial discovery. Ky. Lottery Corp. v. Stewart, 41 S.W.3d 860, 2001 Ky. App. LEXIS 18 (Ky. Ct. App. 2001).