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KRE 1101 Applicability of rules

Baldwin's Kentucky Revised Statutes AnnotatedKentucky Rules of Evidence

Baldwin's Kentucky Revised Statutes Annotated
Kentucky Rules of Evidence (Refs & Annos)
Article XI. Miscellaneous Rules
KRE Rule 1101
KRE 1101 Applicability of rules
(a) Courts. These rules apply to all the courts of this Commonwealth in the actions, cases, and proceedings and to the extent hereinafter set forth.
(b) Proceedings generally. These rules apply generally to civil actions and proceedings and to criminal cases and proceedings, except as provided in subdivision (d) of this rule.
(c) Rules on privileges. The rules with respect to privileges apply at all stages of all actions, cases, and proceedings.
(d) Rules inapplicable. The rules (other than with respect to privileges) do not apply in the following situations:
(1) Preliminary questions of fact. The determination of questions of fact preliminary to admissibility of evidence when the issue is to be determined by the court under KRE 104.
(2) Grand jury. Proceedings before grand juries.
(3) Small claims. Proceedings before the small claims division of the District Courts.
(4) Summary contempt proceedings. Contempt proceedings in which the judge is authorized to act summarily.
(5) Miscellaneous proceedings. 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.


HISTORY: 1992 c 324, § 34, eff. 7-1-92; 1990 c 88, § 73
<Research Note>
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.”.
Publisher's Note: KRE 502 and 704 are being reserved for future use.
Rules of Evid., Rule 1101, KY ST REV Rule 1101
Current with amendments received through June 1, 2024. Some sections may be more current, see credits for details.
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