Kentucky Rules of Evidence


The Kentucky Rules of Evidence are a set of evidence rules that authorize how to collect, present and apply evidence for each case.  The Kentucky Rules of Evidence govern proceedings in the courts of Kentucky.  These rules apply to all actions and proceedings in the courts of this Commonwealth.

The Kentucky Rules of Evidence generally apply to civil actions and proceedings, to criminal cases and proceedings, and to contempt proceedings except those in which the court may act summarily.  With respect to privileges, the rule applies at all stages of all actions, cases, and proceedings.

However, the rules other than those with respect to privileges do not apply in the following situations:

  • The determination of questions of fact preliminary to admissibility of evidence;
  • Proceedings before grand juries;
  • Proceedings before the small claims division of the District Courts;
  • Contempt proceedings in which the judge is authorized to act summarily; and
  • proceedings for extradition or rendition; preliminary hearings in criminal cases; sentencing by a judge; granting or revoking probation; issuance of warrants for arrest, criminal summonses, and search warrants; and proceedings with respect to release on bail or otherwise.

Kentucky Rules of Evidence are construed to secure fairness in administration and elimination of unjustifiable expense and delay.  In addition, the rules aim at promotion of growth and development of the law of evidence for ascertaining truth and justly determining proceedings.

Table of Contents of the Kentucky Rules of Evidence:

ARTICLE I. GENERAL PROVISIONS 7

Rule 101. Scope.

Rule 102. Purpose and construction.

Rule 103. Rulings on evidence.

Rule 104. Preliminary questions.

Rule 105. Limited admissibility.

Rule 106. Remainder of or related writings or recorded statements.

Rule 107. Miscellaneous provisions.

ARTICLE II. JUDICIAL NOTICE 1

Rule 201. Judicial notice of adjudicative facts.

ARTICLE III. PRESUMPTIONS IN CIVIL ACTIONS AND PROCEEDINGS 2

Rule 301. Presumptions in general in civil actions and proceedings.

Rule 302. Applicability of federal law or the law of other states in civil actions and proceedings.

ARTICLE IV. RELEVANCY AND RELATED SUBJECTS 12

Rule 401. Definition of “relevant evidence”.

Rule 402. General rule of relevancy.

Rule 403. Exclusion of relevant evidence on grounds of prejudice, confusion, or waste of time.

Rule 404. Character evidence and evidence of other crimes.

Rule 405. Methods of proving character.

Rule 406. Habit; Routine Practice.

Rule 407. Subsequent remedial measures.

Rule 408. Compromise and offers to compromise.

Rule 409. Payment of medical and similar expenses.

Rule 410. Inadmissibility of pleas, plea discussions, and related statements.

Rule 411. Liability insurance.

Rule 412. Rape and similar cases — Admissibility of victim’s character and behavior.

ARTICLE V. PRIVILEGES 11

Rule 501. General rule.

Rule 502. [Number not yet utilized.]

Rule 503. Lawyer-client privilege.

Rule 504. Husband-wife privilege.

Rule 505. Religious privilege.

Rule 506. Counselor-client privilege.

Rule 507. Psychotherapist-patient privilege.

Rule 508. Identity of informer.

Rule 509. Waiver of privilege by voluntary disclosure.

Rule 510. Privileged matter disclosed under compulsion or without opportunity to claim  privilege.

Rule 511. Comment upon or inference from claim of privilege — Instruction.

ARTICLE VI. WITNESSES 15

Rule 601. Competency.

Rule 602. Lack of personal knowledge.

Rule 603. Oath or affirmation.

Rule 604. Interpreters.

Rule 605. Competency of judge as witness.

Rule 606. Competency of juror as witness.

Rule 607. Who may impeach.

Rule 608. Evidence of character and conduct of witness.

Rule 609. Impeachment by evidence of conviction of crime.

Rule 610. Religious beliefs or opinions.

Rule 611. Mode and order of interrogation and presentation.

Rule 612. Writing used to refresh memory.

Rule 613. Prior statements of witnesses.

Rule 614. Calling and interrogation of witnesses by court.

Rule 615. Exclusion of witnesses.

ARTICLE VII. OPINIONS AND EXPERT TESTIMONY 6

Rule 701. Opinion testimony by lay witnesses.

Rule 702. Testimony by experts.

Rule 703. Bases of opinion testimony by experts.

Rule 704. [Number not yet utilized.]

Rule 705. Disclosure of facts or data underlying expert opinion.

Rule 706. Court appointed experts.

ARTICLE VIII. HEARSAY 7

Rule 801. Definitions.

Rule 801A. Prior statements of witnesses and admissions.

Rule 802. Hearsay rule.

Rule 803. Hearsay exceptions: availability of declarant immaterial.

Rule 804. Hearsay exceptions: declarant unavailable.

Rule 805. Hearsay within hearsay.

Rule 806. Attacking and supporting credibility of declarant.

ARTICLE IX. AUTHENTICATION AND IDENTIFICATION 3

Rule 901. Requirement of authentication or identification.

Rule 902. Self-authentication.

Rule 903. Subscribing witness’ testimony unnecessary.

ARTICLE X. CONTENTS OF WRITINGS, RECORDINGS, AND PHOTOGRAPHS 8

Rule 1001. Definitions.

Rule 1002. Requirement of original.

Rule 1003. Admissibility of duplicates.

Rule 1004. Admissibility of other evidence of contents.

Rule 1005. Public records.

Rule 1006. Summaries.

Rule 1007. Testimony or written admission of party.

Rule 1008. Functions of court and jury.

ARTICLE XI. MISCELLANEOUS RULES 4

Rule 1101. Applicability of rules.

Rule 1102. Amendments.

Rule 1103. Evidence Rules Review Commission.

Rule 1104. Use of official commentary.