KRE 505: Religious privilege
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) 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 "confidentia l" 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 disc losing 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 repr esentative 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.
Collected 2026-09-05T21:00:10Z. Source file · JSON