422.170 Statement to be filed by person desiring to perpetuate evidence.

387 words·~2 min read·/ky/chapter-422/422-170

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(1)The party desiring to perpetuate any testimony as provided in KRS 422.160 shall

file, in the circuit clerk's office in the county where the real property is located, a

statement which shall set forth that he has a title to the real property about which he

desires to take testimony or evidence.

(a)If any parties who may be interested or claim to be interested in the real

property are known to the party filing the statement, the statement shall be

directed to them and shall give their names and addresses, if known, and if

they are nonresidents of this state, the state or county in which they reside, if

known.

(b)If one

(1)or more of the parties are unknown, the statement shall be directed

to the parties known to be interested, with the statement in the caption, "to

whom it may concern, and to all parties interested in the real property herein

described."

(c)If no person is known to be interested in the real property, the statement shall

be directed "to any and all parties interested in following described real

estate," setting forth by description the real estate about which testimony is to

be taken.

(3)The statement shall also set forth the time and place the depositions are to be taken,

and the names of one

(1)or more witnesses whose testimony or evidence is to be

taken at the time stipulated in the statement. The statement shall be subscribed and

verified by the party filing it or by his attorney, representative or agent and shall be

filed before the notice provided for in KRS 422.180 shall be given.

(4)Upon the filing of the statement, the circuit clerk shall mark it "filed," and record it

in a book kept by him for that purpose, properly labeled and indexed, for which

recording he shall receive a fee of one dollar ($1).

(5)If any claimant or probable claimant to whom the statement is directed is an infant,

a lawyer guardian ad litem shall be designated to represent such infant by the clerk

of the court. The clerk shall appoint an attorney to represent nonresident interested

parties, claimants, or probable claimants. The same lawyer may be appointed to

represent as attorney and guardian ad litem nonresident parties whether infants or

not.