422.180 Notice -- Duty of guardian ad litem and attorney.

387 words·~2 min read·/ky/chapter-422/422-180

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

(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.