GroundRules
KRE 612: Writing used to refresh memory
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."
Except as otherwise provided in the Kentucky Rules of Criminal Procedure, if a witness
uses a writing during the course of testimony for the purpose of refreshing memory, an
adverse party is entitled to have the writing produced at the trial or hearing or at the
taking of a deposition, to inspect it, to cross -examine the witness thereon, and to
introduce in evidence those portions which relate to the testimony of the witness. If it is
claimed that the writing contains matters not related to the subject matt er of the
testimony, the court shall examine the writing in camera, excise any portions not so
related, and order delivery of the remainder to the party entitled thereto. Any portion
withheld over objections shall be preserved and made available to the app ellate court in
the event of an appeal.
Collected 2026-09-05T21:00:10Z. Source file · JSON