KRE 1101: Applicability of rules
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) 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 a nd 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 priv ileges) 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.
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