Kentucky Statutes 422.180 – Notice — Duty of guardian ad litem and attorney
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(1) The party desiring to take the deposition of any witness shall give ten (10) days’ notice in writing to all parties known to him to be interested in, or setting up or attempting to set up claim to, the real property or any interest therein. The notice shall state the time and place the depositions will be commenced to be taken, and that the same will be continued from day to day, at the same place and between the hours of 8 a.m. and 6 p.m., until the same is completed and that depositions are to be taken in behalf of the title to a certain tract of land known as …. tract, lying on the …. (here give the local description), in …. County, in the State of Kentucky, and that the depositions are being taken for the purpose of perpetuation of the testimony expected to be given. The party desiring to take the deposition shall give further notice, as above recited, by having the notice published pursuant to KRS Chapter
424. Such party shall also have a like notice posted at the front door of the courthouse in the county where the real property lies at least fifteen (15) days before the taking of the depositions. Sixty (60) days’ notice shall be given to nonresidents of the time of taking of such depositions unless they waive notice through their attorney or otherwise.
(2) The guardian ad litem for an infant and the attorney for a nonresident shall, as soon as notified of his appointment, if possible, give written notice to the infant or nonresident whom he represents of the fact and nature and purpose of the proceeding, and if no person, other than himself, appears by special employment to represent those whom he was appointed to represent, he shall appear and, if necessary, cross-examine and do all necessary to protect the interest of his ward or nonresident claimant against any fraud, imposition or injury. Such guardian ad litem or attorney shall file with the clerk a written report showing what effort he made to give notice to his ward or nonresident party, and state what, if any, information he has received from them, and shall be allowed a reasonable sum for his services to be paid by the party seeking to perpetuate the evidence.
History: Amended 1966 Ky. Acts ch. 239, sec. 228. — Recodified 1942 Ky. Acts ch.
208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 1649a-1.
424. Such party shall also have a like notice posted at the front door of the courthouse in the county where the real property lies at least fifteen (15) days before the taking of the depositions. Sixty (60) days’ notice shall be given to nonresidents of the time of taking of such depositions unless they waive notice through their attorney or otherwise.
Terms Used In Kentucky Statutes 422.180
- Attorney: means attorney-at-law. See Kentucky Statutes 446.010
- Deposition: An oral statement made before an officer authorized by law to administer oaths. Such statements are often taken to examine potential witnesses, to obtain discovery, or to be used later in trial.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Fraud: Intentional deception resulting in injury to another.
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
- State: when applied to a part of the United States, includes territories, outlying possessions, and the District of Columbia. See Kentucky Statutes 446.010
- Testimony: Evidence presented orally by witnesses during trials or before grand juries.
(2) The guardian ad litem for an infant and the attorney for a nonresident shall, as soon as notified of his appointment, if possible, give written notice to the infant or nonresident whom he represents of the fact and nature and purpose of the proceeding, and if no person, other than himself, appears by special employment to represent those whom he was appointed to represent, he shall appear and, if necessary, cross-examine and do all necessary to protect the interest of his ward or nonresident claimant against any fraud, imposition or injury. Such guardian ad litem or attorney shall file with the clerk a written report showing what effort he made to give notice to his ward or nonresident party, and state what, if any, information he has received from them, and shall be allowed a reasonable sum for his services to be paid by the party seeking to perpetuate the evidence.
History: Amended 1966 Ky. Acts ch. 239, sec. 228. — Recodified 1942 Ky. Acts ch.
208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 1649a-1.