Request By:
Mr. Paul F. Fauri
General Counsel
Cabinet for Human Resources
Main Street
Frankfort, Kentucky 40601
Opinion
Opinion By: Steven L. Beshear, Attorney General; Carl T. Miller, Jr., Assistant Attorney General
Mr. Charles R.C. Shaw III has appealed to the Attorney General pursuant to KRS 61.880 your denial of his request that he be provided a copy of the following described documents:
1) Transcript copy of the deposition of Ms. Sheila D. Smith, former CHR employee relating to Civil Action Shaw v. Stumbo (D.C.-W.D.Ky.)
2) Transcript copy of the deposition of Mr. Michael Hartlage, CHR employee relating to Civil Action Shaw v. Stumbo (D.C.-W.D.Ky.)
3) Transcript copy of the deposition of Charles R.C. Shaw III, former CHR service recipient, relating to Civil Action Shaw v. Stumbo (D.C.-W.D.Ky.)
Mr. Shaw based his request to you to inspect the described documents on the Kentucky Open Records Law, KRS 61.870 to 61.884.
OPINION OF THE ATTORNEY GENERAL
It is the opinion of the Attorney General that the documents requested to be inspected and copied are court records and are, therefore, not within the purview of the Open Records Law. KRS 61.878(1)(j) exempts from mandatory public disclosure public records or information the disclosure of which is prohibited or restricted or otherwise made confidential by enactment of the General Assembly. Court records are given a special status and placed under the exclusive jurisdiction of the Court of Justice by KRS 26A.200 and 26A.220 and are therefore not governed by the laws pertaining to other public records.
There is no court rule requiring one party to a lawsuit to furnish a copy of a deposition in the suit to another party. A copy of a deposition is to be obtained from the stenographer who reported the deposition upon the payment of the required fee. Civil Rule 54.04(2) provides, in part, as follows:
"A party entitled to recover costs shall prepare and serve upon the party liable therefor a bill itemizing the cost incurred by him in the action, including filing fees, . . . cost of depositions . . . ."
CR 54.04(1) provides that costs shall be allowed as of course to the prevailing party unless the court otherwise directs.
In summary, it is the opinion of the Attorney General that the described records are not subject to the Open Records Law and, since the described records are involved in litigation they are governed by the rules of the court; that the Civil Rules do not provide for requiring one party to furnish a copy of a deposition to another party and, that at the conclusion of the litigation, the court should enter a proper order designating the payment of costs.
As directed by KRS 61.880(2) a copy of this opinion is being sent to the requester who has the right to challenge it in court.