{"data":{"id":"us-ky/krs-422.170","jurisdiction":"us-ky","citation":"KRS 422.170","heading":"Statement to be filed by person desiring to perpetuate evidence.","body":"(1) The party desiring to perpetuate any testimony as provided in KRS 422.160 shall\nfile, in the circuit clerk's office in the county where the real property is located, a\nstatement which shall set forth that he has a title to the real property about which he\ndesires to take testimony or evidence.\n(2) (a) If any parties who may be interested or claim to be interested in the real\nproperty are known to the party filing the statement, the statement shall be\ndirected to them and shall give their names and addresses , if known, and if\nthey are nonresidents of this state, the state or county in which they reside, if\nknown.\n(b) If one (1) or more of the parties are unknown, the statement shall be directed\nto the parties known to be interested, with the statement in the caption, \"to\nwhom it may concern, and to all parties interested in the real property herein\ndescribed.\"\n(c) If no person is known to be interested in the real property, the statement shall\nbe directed \"to any and all parties interested in following describ ed real\nestate,\" setting forth by description the real estate about which testimony is to\nbe taken.\n(3) The statement shall also set forth the time and place the depositions are to be taken,\nand the names of one (1) or more witnesses whose testimony or evi dence is to be\ntaken at the time stipulated in the statement. The statement shall be subscribed and\nverified by the party filing it or by his attorney, representative or agent and shall be\nfiled before the notice provided for in KRS 422.180 shall be given.\n(4) Upon the filing of the statement, the circuit clerk shall mark it \"filed,\" and record it\nin a book kept by him for that purpose, properly labeled and indexed, for which\nrecording he shall receive a fee of one dollar ($1).\n(5) If any claimant or probable claimant to whom the statement is directed is an infant,\na lawyer guardian ad litem shall be designated to represent such infant by the clerk\nof the court. The clerk shall appoint an attorney to represent nonresident interested\nparties, claimants, or pr obable claimants. The same lawyer may be appointed to\nrepresent as attorney and guardian ad litem nonresident parties whether infants or\nnot.","path":["KRS Chapter 422"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=18125","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:59:39Z","sha256":"0f219937475f14de7d1f34e99ae24ca156d5d8c38103a6d8ac48c91b7a7d30f9","source_id":"us-ky","stale":false,"prev":"us-ky/krs-422.160","next":"us-ky/krs-422.180"},"notice":"GroundRules: Original legal text. Not legal advice."}