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Public agency’s response to a subpoena should be independent and separate from its response to an open records request. The reason for objecting to a subpoena should be based on the rules of discovery and not based on the Kentucky Open Records Act, Ky. Rev. Stat. Ann. § 61.870 et seq., and, consequently, records exempt from disclosure through the Act may still be discoverable in a civil case and the discovery limited by the Kentucky Rules of Civil Procedure governing pretrial discovery. Parish v. Petter, 608 S.W.3d 638, 2020 Ky. App. LEXIS 100 (Ky. Ct. App. 2020).
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The Sunshine Law Library is not exhaustive and may contain errors from source documents or the import process. Nothing on this website should be taken as legal advice. It is always best to consult with primary sources and appropriate counsel before taking any action.

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