RCr 8.27 Suppression of evidence
Baldwin's Kentucky Revised Statutes AnnotatedRules of Criminal Procedure
Kentucky Rules of Criminal Procedure (RCr) Rule 8.27
RCr 8.27 Suppression of evidence
(a) Production of Witness's Statements. Except for good cause shown, not later than forty-eight (48) hours before a suppression hearing, a party who reasonably anticipates calling a person to testify as a witness at the suppression hearing shall furnish every other party with a copy of all statements of such person (other than the defendant) that relate to the subject matter of that person's anticipated testimony at the suppression hearing.
(c) Producing a Redacted Statement. If the party who called or anticipates calling such person as a witness at the suppression hearing claims that the statement contains information that is privileged or does not relate to the subject matter of the witness's testimony or anticipated testimony at the suppression hearing, the court must inspect the statement in camera. After excising any privileged or unrelated portions, the court must order delivery of the redacted statement to the other party. If a party objects to an excision, the court must preserve the entire statement with the excised portion indicated, under seal, as part of the record.
(f) Statement Defined. As used in this rule, a witness's statement means: (1) a written statement that the witness makes and signs, or otherwise adopts or approves; (2) a substantially verbatim, contemporaneously recorded recital of the witness's oral statement that is contained in any recording or any transcription of a recording; or (3) the witness's statement to a grand jury, however taken or recorded, or a transcription of such a statement.
Credits
HISTORY: Adopted by Order 2014-22, eff. 1-1-15
Rules Crim. Proc., Rule 8.27, KY ST RCRP Rule 8.27
Current with amendments received through March 1, 2024. Some sections may be more current, see credits for details.
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