The following SCOKY decision addressed open records requests by parties involved in litigation:
Department of Revenue, Finance and Administration Cabinet, Commonwealth of Kentucky, et al. v. Mitzi D. Wyrick
Opinion of the Court by Justice Schroder. All sitting; all concur. The Supreme Court interpreted the “civil litigation limitation” to the Open Records Law, found in KRS 61.878(1). The Court held that a request for open records should be evaluated independently of whether the requester is a party or potential party to litigation. The civil litigation limitation applies only to documents otherwise excluded from disclosure by KRS 61.878(1)(a)-(n). It is not an exception to an agency’s duty to disclose nonexempted records. A court of competent jurisdiction, upon request, may grant disclosure of documents excluded from disclosure under KRS 61.878(1)(a)-(n) with one qualification: if the document pertains to civil litigation, the court cannot order disclosure beyond that which is provided by the Rules of Civil Procedure governing pretrial discovery.