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Kentucky Evidence Courtroom Manual

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2018-2019 Edition
ISBN: 9781522155195
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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