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KRE 505 Religious privilege

Baldwin's Kentucky Revised Statutes AnnotatedKentucky Rules of Evidence

Baldwin's Kentucky Revised Statutes Annotated
Kentucky Rules of Evidence (Refs & Annos)
Article V. Privileges
KRE Rule 505
KRE 505 Religious privilege
(a) Definitions. As used in this rule:
(1) A “clergyman” is a minister, priest, rabbi, accredited Christian Science practitioner, or other similar functionary of a religious organization, or an individual reasonably believed so to be by the person consulting him.
(2) A communication is “confidential” if made privately and not intended for further disclosure except to other persons present in furtherance of the purpose of the communication.
(b) General rule of privilege. A person has a privilege to refuse to disclose and to prevent another from disclosing a confidential communication between the person and a clergyman in his professional character as spiritual adviser.
(c) Who may claim the privilege. The privilege may be claimed by the person, by his guardian or conservator, or by his personal representative if he is deceased. The person who was the clergyman at the time of the communication is presumed to have authority to claim the privilege but only on behalf of the communicant.

Credits

HISTORY: 1992 c 324, § 10, 34, eff. 7-1-92; 1990 c 88, § 27
<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.

Editors' Notes

HISTORICAL AND STATUTORY NOTES
Note: KRE 505 contains provisions analogous to former 421.210, repealed by 1992 c 324, § 30, eff. 7-1-92.
Rules of Evid., Rule 505, KY ST REV Rule 505
Current with amendments received through January 15, 2020.
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