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October 22, 2020#

kentucky rules of evidence

In cases in which character or a trait of character of a person is an essential element of a charge, claim, or defense, proof may also be made of specific instances of that person's conduct. This rule is subject to the provisions of KRE 703, relating to opinion testimony by expert witnesses. (2) Domestic public documents not under seal. Evidence of character and conduct of witness. When a party calls a hostile witness, an adverse party, or a witness identified with an adverse party, interrogation may be by leading questions. CONTENTS OF WRITINGS, RECORDINGS, AND PHOTOGRAPHS 8. (d) Exceptions. General Provisions. (13) Family records. Statements of births, marriages, divorces, deaths, legitimacy, ancestry, relationships by blood or marriage, or other similar facts of personal or family history, contained in a regularly kept record of a religious organization. Prior statements of witnesses and admissions. 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. As to a communication relevant to an issue between parties who claim through the same deceased client, regardless of whether the claims are by testate or intestate succession or by transaction inter vivos; (3) Breach of duty by a lawyer or client. (ii) Of any foreign official who certifies the genuineness of signature and official position of the executing individual or is the last in a chain of certificates that collectively certify the genuineness of signature and official position of the executing individual. (C) As used in this paragraph, "certifies" means, with respect to a domestic record, a written declaration under oath subject to the penalty of perjury, and, with respect to a foreign record, a written declaration which, if falsely made, would subject the maker to criminal penalty under the laws of that country. Even though the declarant is available as a witness, when a right, title, or interest in any property or claim asserted by a party to a civil action requires a determination that a right, title, or interest existed in the declarant, evidence of a statement made by the declarant during the time the party now claims the declarant was the holder of the right, title, or interest is not excluded by the hearsay rule when offered against the party if the evidence would be admissible if offered against the declarant in an action involving that right, title, or interest. (1) A "patient" is a person who, for the purpose of securing diagnosis or treatment of his or her mental condition, consults a psychotherapist. If the services of the lawyer were sought or obtained to enable or aid anyone to commit or plan to commit what the client knew or reasonably should have known to be a crime or fraud; (2) Claimants through same deceased client. Rape and similar cases — Admissibility of victim’s character and behavior. (a) Control by court. View Previous Versions of the Kentucky Revised Statutes, .Rule 106Remainder of or related writings or recorded statements, .Rule 201Judicial notice of adjudicative facts, .Rule 301Presumptions in general in civil actions and proceedings, .Rule 302Applicability of federal law or the law of other states in civil actions and proceedings, .Rule 401Definition of "relevant evidence. The General Assembly may amend any proposal reported by the Supreme Court pursuant to subdivision (a) of this rule and may adopt amendments or additions to the Kentucky Rules of Evidence not reported to the General Assembly by the Supreme Court. The following are not within this exception to the hearsay rule: (A) Investigative reports by police and other law enforcement personnel; (B) Investigative reports prepared by or for a government, a public office, or an agency when offered by it in a case in which it is a party; and.

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