Civil Litigation

Cited	Statutes	Annotation
Ky. Rev. Stat. Ann. § 61.870	61.880	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). Link
2020 Ky. App. LEXIS 56	61.878	Trial court properly granted summary judgment in favor of a doctor as to a patient’s medical negligence claim because she could not compel involuntary testimony from an expert working for the Board of Medical Licensure even if it amounted to his preliminary recommendations, and preliminary memoranda in which his opinions were expressed for use by the Board. Pringle v. South, 2020 Ky. App. LEXIS 56 (Ky. Ct. App. May 8, 2020). Link
Kentucky Lottery Corp. v. Stewart	61.878	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). Link

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