Evidence and Courtroom Testimony
What this domain tests
Whether you can get your evidence admitted and survive cross-examination. Expect Kentucky Rules of Evidence citations, hearsay analysis, and questions about foundation and demeanor.
Core rules
- Relevance. KRE 401 and 402 admit relevant evidence; KRE 403 excludes it when unfair prejudice substantially outweighs probative value.
- Prior acts. KRE 404(b) bars propensity use of other crimes or acts but permits proof of motive, opportunity, intent, preparation, plan, knowledge, identity, or absence of mistake. Kentucky adds KRE 404(c), which requires advance written notice of intent to offer evidence of prior sexual assault or child molestation.
- Hearsay. KRE 803 exceptions include present sense impression, excited utterance, recorded recollection, and business records. Testimonial statements trigger the Confrontation Clause under Crawford; a 911 call made during an ongoing emergency is typically nontestimonial (Davis v. Washington).
- Foundation. Physical evidence needs identification plus a chain of custody. Expert testimony requires reliable specialized knowledge under KRE 702.
- Testimony craft. Review your report before testifying, answer only the question asked, say you do not know when you do not, and never guess. KRE 615 allows witness sequestration.
Worked example
A domestic violence trial hinges on a 911 call. If the caller was describing an attack in progress and seeking help, it is nontestimonial and admissible as an excited utterance. If the caller was calmly recounting what happened to a responding officer an hour later, the statement is testimonial and the Confrontation Clause may bar it if the caller does not appear.
Traps
- Testifying to what a witness told you instead of what you observed.
- Using we always do it that way as foundation.
- Arguing with defense counsel instead of answering.
- Forgetting the 404(c) notice requirement in sexual offense cases.