Discovery in Kentucky: An Overview

Discovery receives short shrift in the law school curriculum. Although students are introduced to the subject in a first year course on Civil Procedure, the "bathtub effect" usually takes its toll by graduation day. That is, after the first year, the plug is pulled and the student's knowledge drains away. Moreover, it is difficult to teach discovery in third year programs on trial advocacy. Too much emphasis on discovery and pretrial would leave too little time for instruction on the mechanics of the actual trial. Even the experienced practitioner may not remember all the intricacies of discovery and may find it helpful to have a practical source of authority which is sufficiently concise to be carried in a briefcase for easy reference.

This Article is intended to serve the needs of both the beginning student and the experienced practitioner. It was written to serve as both an introduction to and a refresher on discovery in Kentucky. With this goal in mind, the author has deliberately drawn on cases that are of practical and tactical significance.