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Kentucky · Snapshot 09/05/2026

KRS 120.065: Evidence in primary contest -- Trial -- Judgment.

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  1. KRS Chapter 120

Each party to a contest instituted under KRS 120.055 shall be entitled, in the production

of evidence to be used on the trial thereof, to all the remedies allowed in cases at law and

in equity. In trying the contest the court shall hear and determine all q uestions of law and

fact without the intervention of a jury, and may examine the witnesses orally or require or

permit the parties to take the evidence by depositions. If the evidence is taken orally

either party may require it to be taken by the official reporter for the court, to be taken and

transcribed and paid for as evidence in other civil actions. The court may require the

contestant, or the person who has the burden of proof under the issue joined, to complete

his proof in not less than fifteen (15) days after service of summons, and the contestee, or

the person not having the burden, to complete his proof in not less than ten (10) days after

filing an answer. Each party may be given one (1) day additional for producing evidence

in rebuttal and no greater time shall be extended, unless the court is satisfied that the ends

of justice demand it. The court shall, immediately after the evidence is concluded,

consider the contest and determine it. If it appears from an inspection of the whole record

that t here has been such fraud, intimidation, bribery or violence in the conduct of the

election that neither contestant nor contestee can be adjudged to have been fairly

nominated, the court may adjudge that there has been no election, in which event the

nomination shall be deemed vacant. The judgment of the court shall be filed in the office

of the Circuit Court clerk.

Collected 2026-09-05T20:50:18Z. Source file · JSON

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