Kentucky · Snapshot 09/05/2026

KRE 508: Identity of informer

(a) General rule of privilege.  The Commonwealth of Kentucky and its sister states and
the United States have a privilege to refuse to disclose the identity of a person who
has furnished information relating to or assisting in an investigation of a possible
violation of a law to a law enforcement officer or member of a legislative
committee or its staff conducting an investigation.
(b) Who may claim.  The privilege may be claimed by an appropriate representative of
the public entity to which the information was furnished.
(c) Exceptions:
(1) Voluntary disclosure; informer as a witness.  No privilege exists under this
rule if the identity of the informer or his interest in the subject matter of his
communication has been disclosed by the holder of the privilege o r by the
informer's own action, or if the informer appears as a witness for the state.
Disclosure within a law enforcement agency or legislative committee for a
proper purpose does not waive the privilege.
(2) Testimony on relevant issue.  If it appears that an informer may be able to give
relevant testimony and the public entity invokes the privilege, the court shall
give the public entity an opportunity to make an in camera showing in support
of the claim of privilege. The showing will ordinarily be in th e form of
affidavits, but the court may direct that testimony be taken if it finds that the
matter cannot be resolved satisfactorily upon affidavits. If the court finds that
there is a reasonable probability that the informer can give relevant testimony,
and the public entity elects not to disclose this identity, in criminal cases the
court on motion of the defendant or on its own motion shall grant appropriate
relief, which may include one (1) or more of the following:
(A) Requiring the prosecuting attorney to comply;
(B) Granting the defendant additional time or a continuance;
(C) Relieving the defendant from making disclosures otherwise required of
him;
(D) Prohibiting the prosecuting attorney from introducing specified
evidence; and
(E) Dismissing charges.
(d) In civil cases, the court may make any order the interests of justice require if the
informer has pertinent information. Evidence presented to the court shall be sealed
and preserved to be made available to the appellate court in the event of an app eal,
and the contents shall not otherwise be revealed without consent of the informed
public entity.

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) General rule of privilege. The Commonwealth of Kentucky and its sister states and

the United States have a privilege to refuse to disclose the identity of a person who

has furnished information relating to or assisting in an investigation of a possible

violation of a law to a law enforcement officer or member of a legislative

committee or its staff conducting an investigation.

(b) Who may claim. The privilege may be claimed by an appropriate representative of

the public entity to which the information was furnished.

(1) Voluntary disclosure; informer as a witness. No privilege exists under this

rule if the identity of the informer or his interest in the subject matter of his

communication has been disclosed by the holder of the privilege o r by the

informer's own action, or if the informer appears as a witness for the state.

Disclosure within a law enforcement agency or legislative committee for a

proper purpose does not waive the privilege.

(2) Testimony on relevant issue. If it appears that an informer may be able to give

relevant testimony and the public entity invokes the privilege, the court shall

give the public entity an opportunity to make an in camera showing in support

of the claim of privilege. The showing will ordinarily be in th e form of

affidavits, but the court may direct that testimony be taken if it finds that the

matter cannot be resolved satisfactorily upon affidavits. If the court finds that

there is a reasonable probability that the informer can give relevant testimony,

and the public entity elects not to disclose this identity, in criminal cases the

court on motion of the defendant or on its own motion shall grant appropriate

relief, which may include one (1) or more of the following:

(A) Requiring the prosecuting attorney to comply;

(B) Granting the defendant additional time or a continuance;

him;

(D) Prohibiting the prosecuting attorney from introducing specified

evidence; and

(E) Dismissing charges.

(d) In civil cases, the court may make any order the interests of justice require if the

informer has pertinent information. Evidence presented to the court shall be sealed

and preserved to be made available to the appellate court in the event of an app eal,

and the contents shall not otherwise be revealed without consent of the informed

public entity.

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