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Home/State Laws/Kentucky

Kentucky Mock Trial Rules

South

KY · Capital: Frankfort

Evidence Rules

Kentucky Rules of Evidence

Citation: KY Rules of Evidence (KRE)

Key Differences from Federal Rules of Evidence

  • KRE 404(b) provides a three-part test for admissibility of other-acts evidence that is more structured than the FRE approach
  • Kentucky retains the Dead Man's Statute (KRS 421.210) prohibiting interested parties from testifying about transactions with deceased persons
  • KRE 702 applies a modified reliability standard for expert testimony that draws from both Daubert and the state's own precedent

Notable Rules

RuleDescription
KRE 404(b)Requires proof that (1) evidence is relevant for a permitted purpose, (2) sufficiently probative, and (3) probative value outweighs prejudice
KRE 503Attorney-client privilege includes a broader definition of "representative of the client" than the federal rule

Trial Procedure

Civil Procedure

Kentucky Rules of Civil Procedure (CR)

Criminal Procedure

Kentucky Rules of Criminal Procedure (RCr)

Key Features

  • Kentucky Circuit Courts are the trial courts of general jurisdiction for civil claims over $5,000 and all felony cases
  • Kentucky uses a unified court system with administrative oversight by the Supreme Court
  • Mandatory mediation in civil cases in many judicial circuits before trial scheduling

Jury Rules

6

Civil Jury Size

12

Criminal Jury Size

No

Unanimity Required

  • Civil juries consist of 6 jurors; verdict requires agreement of at least 5 jurors (five-sixths)
  • Criminal felony juries require 12 unanimous jurors
  • Misdemeanor cases may be tried with 6 jurors

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Other South States

AL — AlabamaAR — ArkansasDE — DelawareFL — FloridaGA — GeorgiaLA — LouisianaMD — MarylandMS — MississippiNC — North CarolinaOK — OklahomaSC — South CarolinaTN — TennesseeTX — TexasVA — VirginiaWV — West Virginia
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