{"data":{"id":"us-ky/kre-801a","jurisdiction":"us-ky","citation":"KRE 801A","heading":"Prior statements of witnesses and admissions","body":"(a) Prior statements of witnesses.  A statement is not excluded by the hearsay rule, even\nthough the declarant is available as a witness, if the declarant testifies at the trial or\nhearing and is examined concerning the statement, with a foundation laid as\nrequired by KRE 613, and the statement is:\n(1) Inconsistent with the declarant's testimony;\n(2) Consistent with the declarant's testimony and is offered to rebut an express or\nimplied charge against the declarant of recent fabrication or improper\ninfluence or motive; or\n(3) One of identification of a person made after perceiving the person.\n(b) Admissions of parties.  A statement is not excluded by the hearsay rule, even\nthough the declarant is available as a witness, if the statement is offered against a\nparty and is:\n(1) The party's own statement, in either an individual or a representative capacity;\n(2) A statement of which the party has manifested an adoption or belief in its\ntruth;\n(3) A statement by a person authorized by the party to make a statement\nconcerning the subject;\n(4) A statement by the party's agent or servant concerning a matter within the\nscope of the agency or employment, made during the existence of the\nrelationship; or\n(5) A statement by a coconspirator of a party during the course and in furtherance\nof the conspiracy.\n(c) Admission by privity:\n(1) Wrongful death.  A statement by the deceased is not excluded by the hearsay\nrule when offered as evidence against the plaintiff in an action for wrongful\ndeath of the deceased.\n(2) Predecessors in interest.  Even though the declarant is available as a witness,\nwhen a right, title, or interest in any property or claim asserted by a party to a\ncivil action requires a determination that a right, title, or interest existed in the\ndeclarant, evidence o f a statement made by the declarant during the time the\nparty now claims the declarant was the holder of the right, title, or interest is\nnot excluded by the hearsay rule when offered against the party if the evidence\nwould be admissible if offered against the declarant in an action involving that\nright, title, or interest.\n(3) Predecessors in litigation.  Even though the declarant is available as a witness,\nwhen the liability, obligation, or duty of a party to a civil action is based in\nwhole or in part up on the liability, obligation, or duty of the declarant, or\nwhen the claim or right asserted by a party to a civil action is barred or\ndiminished by a breach of duty by the declarant, evidence of a statement made\nby the declarant is not excluded by the hear say rule when offered against the\nparty if the evidence would be admissible against the declarant in an action\ninvolving that liability, obligation, duty, or breach of duty.","path":["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.\""],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=20408","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T21:00:10Z","sha256":"64aabf8973b7952384af1430c3cf3ecf55de63238cab3c990ae0b3f7fa502f44","source_id":"us-ky","stale":false,"prev":"us-ky/kre-801","next":"us-ky/kre-802"},"notice":"GroundRules: Original legal text. Not legal advice."}