The 2010 amendment to the Kentucky Civil Rule 5.02, effective Jan. 1, 2011, adopted provisions relating to electronic service similar to those contained in FRCP 5(b)(2)(E). Under the amended Rule, service may be made by electronic means (i.e., e-mail) upon a party or attorney who has consented to accept electronic service in a written notice that is filed with the court clerk and served on all parties.
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Effective December 1, 2010, FRCP 26(b)(4)(C) protects communications between a party’s attorney and expert witnesses who must provide a report pursuant to FRCP 26(a)(2)(B). Communications are discoverable only where they relate (i) to the expert’s compensation, (ii) to facts the expert considered in forming an opinion, and (iii) to assumptions the attorney provided and that the expert relied upon in forming an opinion.
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