Kentucky Rules of Evidence and Courtroom Procedure Basics
How the KRE are organized
The Kentucky Rules of Evidence track the Federal Rules article by article, with Kentucky variations. Rules you will hear constantly:
- KRE 103 rulings and offers of proof; 104 preliminary questions.
- KRE 401 relevance - evidence having any tendency to make a fact of consequence more or less probable; KRE 403 exclusion for unfair prejudice, confusion, or waste of time.
- KRE 404(b) prior bad acts offered for motive, opportunity, intent, preparation, plan, knowledge, identity, or absence of mistake.
- KRE 602 personal knowledge; 603 oath; 611 mode and order of interrogation; 612 refreshing recollection; 613 prior statements.
- KRE 701 lay opinion; 702 expert testimony; 703 bases of opinion; 801–805 hearsay and exceptions; 901 authentication; 1002 best evidence.
- Kentucky also retains a Dead Man's Statute (KRS 421.210), limiting certain testimony about transactions with a deceased person.
Courtroom sequence
Voir dire and challenges, openings, plaintiff's case (direct, cross, redirect), directed-verdict motions, defense case, the instructions conference (often in chambers), closing, verdict, polling, judgment. Reporters swear witnesses and interpreters, record exhibits, capture rulings, and preserve sidebars the judge directs onto the record.
Worked example
On cross: "Isn't it true you told Officer Blake you weren't home?" - "I don't recall." Counsel: "Objection, hearsay." Court: "Sustained." Record the exchange verbatim. Do not render it as "hearsay objection sustained" unless those were the words used. If the jury steps out for argument, note "(Jury excused)" and "(Jury returned)" at the correct points.
Traps
Paraphrasing a ruling; missing "for the record" statements made at sidebar; treating every "may we approach" as automatically off record; failing to record bench conferences the judge has ordered reported.