Kentucky Rules of Evidence
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Article I - General Provisions

Article II - Judicial Notice

Article III - Presumptions in Civil Actions and Proceedings

Article IV -Relevancy and Related Subjects

Article V - Privileges

Article VI - Witnesses

Article VII - Opinions and Expert Testimony

Article VIII - Hearsay

Article X - Contents of Writings, Recordings and Photographs

Article XI - Miscellaneous Rules

Legislative Research Commission Note: 

Study Committee Prefatory Note for KRE

• 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

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Article II - Judicial Notice

• Rule 201  Judicial notice of adjudicative facts

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• 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

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• 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  (Number not yet utilized.)

• 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

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• 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

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• 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

• 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

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• 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

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• 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

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• Rule 901  Requirement of authentication or identification

• Rule 902  Self-authentication

• Rule 903  Subscribing witness' testimony unnecessary

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• 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

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• Rule 1101  Applicability of rules

• Rule 1102  Amendments

• Rule 1103  Evidence Rules Review Commission

• Rule 1104  Use of official commentary

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Legislative Research Commission Note: 

(7-1-92): Although denominated "rules," the elements of the Kentucky Rules of Evidence were enacted as statutes by the Kentucky General Assembly. See 1990 Ky. Acts ch. 88; 1992 Ky. Acts ch. 324. Originally codified as KRS Chapter 422A in 1990, the Kentucky Rules of Evidence were renumbered by the Reviser of Statutes, effective July 1, 1992, pursuant to 1992 Ky. Acts ch. 324, sec. 34. By an order dated May 12, 1992, the Kentucky Supreme Court "adopt [ed] so much of the Kentucky Rules of Evidence as enacted by HB 241 [1992 Ky. Acts ch. 324] as comes within the rule making power of the Court, pursuant to Ky. Const. sec. 116."  KRE 406, 502, and 704 are being reserved for future use.

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Study Committee's Prefatory Note:

1. The objective of the Study Committee was to draft evidence rules for in in the courts of the Commonwealth of Kentucky.  An early decision was made by the Committee to strive for uniformity with the Federal Rules of Evidence and to propose a departure from the Federal Rules only for good reason.  Uniformity between the state and federal rules would serve the purpose of minimizing the possibility of forum shopping and would in time add to the efficiency of the judicial system.  The Federal Rules have been in operation since 1975; several states have adopted Rules patterned after the Federal Rules.  As a result there is a substantial and growing body of case law construing these Rules, case law which can be of invaluable assistance in the application of a new set of evidence rules for Kentucky.

2. Most codes of evidence adopted for use in this country contain only broad general rules of evidence law; leaving the judiciary room to flesh out the general rules through appellate opinions.  (The Federal Rules are certainly of this type.)  With this in mind, the Study Committee carefully prepared for each rule a commentary which should be used in application and construction of that rule.  In preparing the commentary the Committee utilized the official notes of the Advisory Committee on the Federal Rules, the reports of the Congressional Committees which considered the Federal Rules, and cases construing the Federal Rules.  In noting this use the Study Committee intends to imply that courts should make reference to these materials in using the Committee's own commentary to the new Kentucky Rules, a commentary designed to do the following things: (1) provide a brief description of the particular rule to which it relates;  (2) explain differences between the state and federal rules;  and (3) provide necessary comparisons between preexisting law and the new rules.

3. In promulgating these rules an attempt was made to amend all other Rules of Court with incompatible provisions.   To the extent inconsistency survives this effort, the Kentucky Rules of Evidence should be regarded as superseding contrary provisions in the Kentucky Rules of Criminal and Civil Procedure.  These Rules should be determinative of all issues concerning the admissibility of evidence in the trial of civil and criminal cases.

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