KRE 103: Rulings on evidence
Where this section sits in the code
- KENTUCKY RULES OF EVIDENCE ----- 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."
(a) Effect of erroneous ruling. Error may not be predicated upon a ruling which admits
or excludes evidence unless a substantial right of the party is affected; and
(1) Objection. If the ruling is one admitting evidence, a timely objection or
motion to strik e appears of record, stating the specific ground of objection, if
the specific ground was not apparent from the context; or
(2) Offer of proof. If the ruling is one excluding evidence, the substance of the
evidence was made known to the court by offer or was apparent from the
context within which questions were asked.
(b) Record of offer and ruling. The court may add any other or further statement which
shows the character of the evidence, the form in which it was offered, the objection
made, and the ruli ng thereon. It may direct the making of an offer in question and
answer form.
(c) Hearing of jury. In jury cases, proceedings shall be conducted, to the extent
practicable, so as to prevent inadmissible evidence from being suggested to the jury
by any means, such as making statements or offers of proof or asking questions in
the hearing of the jury.
(d) Motions in limine. A party may move the court for a ruling in advance of trial on
the admission or exclusion of evidence. The court may rule on such a mot ion in
advance of trial or may defer a decision on admissibility until the evidence is
offered at trial. A motion in limine resolved by order of record is sufficient to
preserve error for appellate review. Nothing in this rule precludes the court from
reconsidering at trial any ruling made on a motion in limine.
(e) Palpable error. A palpable error in applying the Kentucky Rules of Evidence which
affects the substantial rights of a party may be considered by a trial court on motion
for a new trial or by an appellate court on appeal, even though insufficiently raised
or preserved for review, and appropriate relief may be granted upon a determination
that manifest injustice has resulted from the error.
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