Kentucky Evidence Courtroom Manual

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2017-2018 Edition
ISBN: 9781522131878
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This convenient softbound manual is designed specifically for courtroom use and offers judges and practitioners many trial-tested features that not only provide fast, accurate answers to evidentiary questions, but also guide the user to the underlying authorities and secondary sources.

The Kentucky Evidence Courtroom Manual provides current and complete coverage of the Kentucky Rules of Evidence plus:

  • Authors' Discussion that provides a concise but comprehensive overview of the Rule, authoritative guidance in interpreting the Rule, and pointers for applying the Rule in practice (in many chapters the Discussion contains special features such as Illustrations, Constitutional Considerations, Current Trends, and Ethical Considerations)
  • Illustrations demonstrating the proper handling of evidentiary issues during trial
  • Summaries of significant Kentucky and federal cases interpreting each Rule provide support for arguments and decisions required during the course of trial
  • Selected Kentucky Revised Statutes Annotated
  • References to additional Kentucky and federal authorities that provide a starting point for research
  • Comparison of the Kentucky and Federal Rules of Evidence
  • An appendix containing the Commentary of the Study Committee for the Kentucky Rules of Evidence (also referred to as the Official Commentary or the Kentucky Rules Advisory Committee Commentary)
  • Table of Contents

    I: General Provisions



    101 Scope


    102 Purpose and Construction


    103 Rulings on Evidence


    104 Preliminary Questions


    105 Limited Admissibility

    106 Remainder of or Related Writings or Recorded Statements


    107 Miscellaneous Provisions







    II: Judicial Notice







    201 Judicial Notice of Adjudicative Facts







    III: Presumptions in Civil Actions and
    Proceedings






    301 Presumptions in General in Civil Actions and Proceedings


    302 Applicability of Federal Law or The Law of Other States in Civil Actions

    and Proceedings







    IV: Relevancy and Related Subjects





    401 Definition of "Relevant Evidence"


    402 General Rule of Relevancy


    403 Exclusion of Relevant Evidence on Grounds of Prejudice, Confusion, or

    Waste of Time


    404 Character Evidence and Evidence of Other Crimes


    405 Methods of Proving Character


    406 (Number Not Yet Utilized)


    407 Subsequent Remedial Measures


    408 Compromise and Offers to Compromise


    409 Payment of Medical and Similar Expenses


    410 Inadmissibility of Pleas, Plea Discussions, and Related Statements


    411 Liability Insurance


    412 Rape and Similar Cases: Admissibility of Victim's Character and Behavior







    V: Privileges







    501 General Rule


    502 (Number Not Yet Utilized)


    503 Lawyer-Client Privilege


    504 Husband-Wife Privilege


    505 Religious Privilege


    506 Counselor-Client Privilege


    507 Psychotherapist-Patient Privilege


    508 Identity of Informer


    509 Waiver of Privilege by Voluntary Disclosure


    510 Privileged Matter Disclosed Under Compulsion or Without Opportunity

    to Claim Privilege


    511 Comment Upon or Inference from Claim of Privilege; Instruction







    VI: Witnesses







    601 Competency


    602 Lack of Personal Knowledge


    603 Oath or Affirmation


    604 Interpreters


    605 Competency of Judge as Witness


    606 Competency of Juror as Witness


    607 Who May Impeach


    608 Evidence of Character


    609 Impeachment by Evidence of Conviction of Crime


    610 Religious Beliefs or Opinions


    611 Mode and Order of Interrogation and Presentation


    612 Writing Used to Refresh Memory


    613 Prior Statements of Witnesses


    614 Calling and Interrogation of Witnesses by Court


    615 Exclusion of Witnesses







    VII: Opinions and Expert Testimony







    701 Opinion Testimony by Lay Witnesses


    702 Testimony by Experts


    703 Bases of Opinion Testimony by Experts

    704 (Number Not Yet Assigned)


    705 Disclosure of Facts or Data Underlying Expert Opinion


    706 Court Appointed Experts







    VIII: Hearsay







    801 Definitions


    801A Prior Statements of Witnesses and Admissions


    802 Hearsay Rule


    803 Hearsay Exceptions: Availability of Declarant Immaterial


    804 Hearsay Exceptions: Declarant Unavailable


    805 Hearsay Within Hearsay


    806 Attacking and Supporting Credibility of Declarant






    IX: Authentication and Identification







    901 Requirement of Authentication or Identification


    902 Self-Authentication


    903 Subscribing Witness' Testimony Unnecessary







    X: Contents of Writings, Recordings, and Photographs







    1001 Definitions


    1002 Requirement of Original


    1003 Admissibility of Duplicates


    1004 Admissibility of Other Evidence of Contents


    1005 Public Records


    1006 Summaries


    1007 Testimony or Written Admission of Party


    1008 Functions of Court and Jury







    XI: Miscellaneous Rules






    1101 Applicability of Rules


    1102 Amendments


    1103 Evidence Rules Review Commission


    1104 Use of Official Commentary





    Appendix: Study Committee Notes to the Kentucky Rules of Evidence