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Form a Business

EVIDENCE AND LOST RECORDS

KRS tit. XXXVIII, ch. 422
in effect

KRS 422.010 Repealed, effective July 1, 1992

422.010. Repealed, effective July 1, 1992 Catchline at repeal: Judicial notice of legislative acts -- Official signatures. History: Repealed 1990 Ky. Acts ch. 88, secs. 92 and 93, effective July 1, 1992. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. secs. 1624, 1625. Note: Repeal of this section became effective July 1, 1992, in compliance with 1992 Ky. Acts ch. 324, secs. 30 and 33.

KRS 422.015 Judicial notice of comprehensive plan and regulation of planning commission

422.015. Judicial notice of comprehensive plan and regulation of planning commission Every court of this state shall take judicial notice of any comprehensive plan and any regulation adopted pursuant to KRS Chapter 100. Effective: July 15, 1986 History: Created 1986 Ky. Acts ch. 141, sec. 44, effective July 15, 1986.

KRS 422.020 Repealed, effective July 1, 1992

422.020. Repealed, effective July 1, 1992 Catchline at repeal: Copies of domestic records or documents admissible in evidence. History: Repealed 1990 Ky. Acts ch. 88, secs. 92 and 93, effective July 1, 1992. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. secs. 519, 1626 to 1630, 4618-161. Note: Repeal of this section became effective July 1, 1992, in compliance with 1992 Ky. Acts ch. 324, secs. 30 and 33.

KRS 422.030 Repealed, effective July 1, 1992

422.030. Repealed, effective July 1, 1992 Catchline at repeal: Printed laws of other states and United States -- Evidence when. History: Repealed 1990 Ky. Acts ch. 88, secs. 92 and 93, effective July 1, 1992. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. secs. 1642, 1644. Note: Repeal of this section became effective July 1, 1992, in compliance with 1992 Ky. Acts ch. 324, secs. 30 and 33.

KRS 422.040 Court records of other states and United States entitled to full faith and credit

422.040. Court records of other states and United States entitled to full faith and credit The records and judicial proceedings of any court of any state, attested by the clerk thereof in due form, with the seal of the court annexed if there be a seal, and certified by the judge, chief justice, or presiding magistrate of the court, shall have the same faith and credit given to them in this state as they would have at the place from which the records come. The record and judicial proceedings of any court of the United States attested by the clerk thereof, with the seal of the court annexed if there be a seal, shall have the same faith and credit given to them in this state as they would have in the courts of the United States. Effective: October 1, 1942 History: Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 1635.

KRS 422.050 Repealed, effective July 1, 1992

422.050. Repealed, effective July 1, 1992 Catchline at repeal: Copies of records of other states and United States -- Evidence when. History: Repealed 1992 Ky. Acts ch. 324, sec. 30, effective July 1, 1992. -- Repealed 1990 Ky. Acts ch. 88, secs. 92 and 93. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 1636. Note: Repeal of this section became effective July 1, 1992, in compliance with 1992 Ky. Acts ch. 324, secs. 30 and 33.

KRS 422.060 Repealed, effective July 1, 1992

422.060. Repealed, effective July 1, 1992 Catchline at repeal: Proof of common law of other states. History: Repealed 1990 Ky. Acts ch. 88, secs. 92 and 93, effective July 1, 1992. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 1640. Note: Repeal of this section became effective July 1, 1992, in compliance with 1992 Ky. Acts ch. 324, secs. 30 and 33.

KRS 422.070 Repealed, effective July 1, 1992

422.070. Repealed, effective July 1, 1992 Catchline at repeal: Foreign law -- Proof of. History: Repealed 1990 Ky. Acts ch. 88, secs. 92 and 93, effective July 1, 1992. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 1641. Note: Repeal of this section became effective July 1, 1992, in compliance with 1992 Ky. Acts ch. 324, secs. 30 and 33.

KRS 422.080 Repealed, effective July 1, 1992

422.080. Repealed, effective July 1, 1992 Catchline at repeal: Foreign records and laws -- Copies as evidence. History: Repealed 1990 Ky. Acts ch. 88, secs. 92 and 93, effective July 1, 1992. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 1638. Note: Repeal of this section became effective July 1, 1992, in compliance with 1992 Ky. Acts ch. 324, secs. 30 and 33.

KRS 422.081 Repealed, effective July 1, 1992

422.081. Repealed, effective July 1, 1992 Catchline at repeal: Judicial notice of laws of other states and jurisdictions. History: Repealed 1990 Ky. Acts ch. 88, secs. 92 and 93, effective July 1, 1992. -- Created 1942 Ky. Acts ch. 97, sec. 1. Note: Repeal of this section became effective July 1, 1992, effective July 1, 1992, in compliance with 1992 Ky. Acts ch. 324, secs. 30 and 33.

KRS 422.082 Repealed, effective July 1, 1992

422.082. Repealed, effective July 1, 1992 Catchline at repeal: Information of the court. History: Repealed 1990 Ky. Acts ch. 88, secs. 92 and 93, effective July 1, 1992. -- Created 1942 Ky. Acts ch. 97, sec. 2. Note: Repeal of this section became effective July 1, 1992, in compliance with 1992 Ky. Acts ch. 324, secs. 30 and 33.

KRS 422.083 Repealed, effective July 1, 1992

422.083. Repealed, effective July 1, 1992 Catchline at repeal: Ruling reviewable. History: Repealed 1990 Ky. Acts ch. 88, secs. 92 and 93, effective July 1, 1992. -- Created 1942 Ky. Acts ch. 97, sec. 3. Note: Repeal of this section became effective July 1, 1992, in compliance with 1992 Ky. Acts ch. 324, secs. 30 and 33.

KRS 422.084 Repealed, effective July 1, 1992

422.084. Repealed, effective July 1, 1992 Catchline at repeal: Evidence as to laws of other jurisdictions. History: Repealed 1990 Ky. Acts ch. 88, secs. 92 and 93, effective July 1, 1992. -- Created 1942 Ky. Acts ch. 97, sec. 4. Note: Repeal of this section became effective July 1, 1992, in compliance with 1992 Ky. Acts ch. 324, secs. 30 and 33.

KRS 422.085 Repealed, effective July 1, 1992

422.085. Repealed, effective July 1, 1992 Catchline at repeal: Laws of foreign countries. History: Repealed 1990 Ky. Acts ch. 88, secs. 92 and 93, effective July 1, 1992. -- Created 1942 Ky. Acts ch. 97, sec. 5. Note: Repeal of this section became effective July 1, 1992, in compliance with 1992 Ky. Acts ch. 324, secs. 30 and 33.

KRS 422.086 Repealed, effective July 1, 1992

422.086. Repealed, effective July 1, 1992 Catchline at repeal: Interpretation. History: Repealed 1990 Ky. Acts ch. 88, secs. 92 and 93, effective July 1, 1992. -- Created 1942 Ky. Acts ch. 97, sec. 6. Note: Repeal of this section became effective July 1, 1992, in compliance with 1992 Ky. Acts ch. 324, secs. 30 and 33.

KRS 422.087 Repealed, effective July 1, 1992

422.087. Repealed, effective July 1, 1992 Catchline at repeal: Short title. History: Repealed 1990 Ky. Acts ch. 88, secs. 92 and 93, effective July 1, 1992. -- Created 1942 Ky. Acts ch. 97, sec. 7. Note: Repeal of this section became effective July 1, 1992, in compliance with 1992 Ky. Acts ch. 324, secs. 30 and 33.

KRS 422.090 Discharge from military or naval service may be recorded -- Persons entitled to copies -- Copies as evidence -- Exemption from public disclosure except by certain persons or on order of court -- Request to destroy copies -- Reminder to ensure confidentiality

422.090. Discharge from military or naval service may be recorded -- Persons entitled to copies -- Copies as evidence -- Exemption from public disclosure except by certain persons or on order of court -- Request to destroy copies -- Reminder to ensure confidentiality (1) All discharge papers, including Form DD-214, given, executed or delivered to any person in the military or naval service of the United States, which evidence his discharge from the service of the United States and show the unit or part of the department to which he was attached and from which he was discharged may be recorded in the office of the county clerk of the county in which the person discharged is a resident. Upon the presentation of such discharge papers the county clerk shall record them, without charge therefor, in a suitable book which he shall provide for that purpose. (2) A certified or attested copy of such recorded discharge is admissible evidence in all proceedings in which such discharge may come in question or in which it might be used as legal evidence of any fact. (3) It shall be the duty of each county clerk to index alphabetically the name of each person whose discharge papers are recorded as provided in this section and to keep such index as a permanent record in such office. This index shall be a public record which shall be disclosed to any member of the public. The index shall not be bound with the book in which the discharge papers are recorded, but shall be a separate bound index. (4) Except as provided in subsections (5) and (6) of this section, discharge papers recorded with the county clerk shall not be public records subject to public disclosure. (5) Upon presentation of proper identification, the following individuals may be provided with a copy, a certified copy, or an attested copy of discharge papers recorded with the county clerk: (a) The veteran named in the discharge papers; (b) His or her spouse, widow or widower, child eighteen (18) years of age or older, parent, grandparent, or sibling eighteen (18) years of age or older; (c) Any person authorized by the veteran; (d) A guardian, limited guardian, conservator, or limited conservator of a disabled or partially disabled veteran named in the discharge papers; (e) An individual with power of attorney for the veteran; (f) A funeral director handling funeral arrangements for the veteran; and (g) The personal representative of the veteran's estate. (6) (a) Discharge papers shall be subject to discovery under the federal and Kentucky rules of criminal and civil procedure. (b) The county clerk shall comply with any proper court order pertaining to discharge papers. (7) Upon presentation of proper identification, a veteran may ask the county clerk to destroy that veteran's discharge papers. Within fifteen (15) days of receiving the request, the county clerk shall destroy all copies of the discharge papers in whatever form they are being held. (8) With regard to military discharge papers, including Form DD-214, filed before July 13, 2004, if a county clerk has commingled such discharge papers with documents unrelated to military discharge, that county clerk, in handling such discharge papers, may comply with the provisions in subsections (4), (5), and (6) of this section as well as the provision in subsection (3) of this section that the index shall not be bound with the book in which the discharge papers are recorded but shall be a separate bound index. (9) The Kentucky Department of Veterans' Affairs shall send a reminder of the provisions of this section to all Kentucky county clerks in January of each year to ensure the confidentiality of veterans' discharge papers. Effective: July 15, 2010 History: Amended 2010 Ky. Acts ch. 20, sec. 1, effective July 15, 2010. -- Amended 2004 Ky. Acts ch. 52, sec. 1, effective July 13, 2004. -- Amended 1978 Ky. Acts ch. 384, sec. 523, effective June 17, 1978. -- Amended 1944 Ky. Acts ch. 32, sec. 1. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. secs. 1637a-1, 1637a-2, 1637a-4.

KRS 422.100 Repealed, effective July 1, 1992

422.100. Repealed, effective July 1, 1992 Catchline at repeal: Notarized instruments. History: Repealed 1990 Ky. Acts ch. 88, secs. 92 and 93, effective July 1, 1992. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 3722. Note: Repeal of this section became effective July 1, 1992, in compliance with 1992 Ky. Acts ch. 324, secs. 30 and 33.

KRS 422.105 Repealed, effective July 1, 1992

422.105. Repealed, effective July 1, 1992 Catchline at repeal: Photographic copies of business and public records are admissible in evidence. History: Repealed 1990 Ky. Acts ch. 88, secs. 92 and 93, effective July 1, 1992. -- Created 1952 Ky. Acts ch. 30, secs. 1 and 2, effective July 1, 1952. Note: Repeal of this section became effective July 1, 1992, in compliance with 1992 Ky. Acts ch. 324, secs. 30 and 33.

KRS 422.106 Repealed, effective July 1, 1992

422.106. Repealed, effective July 1, 1992 Catchline at repeal: Citation of KRS 422.105. History: Repealed 1990 Ky. Acts ch. 88, secs. 92 and 93, effective July 1, 1992. -- Created 1952 Ky. Acts ch. 30, sec. 3, effective July 1, 1952. Note: Repeal of this section became effective July 1, 1992, in compliance with 1992 Ky. Acts ch. 324, secs. 30 and 33.

KRS 422.110 Obtaining confessions by "sweating" prohibited

422.110. Obtaining confessions by "sweating" prohibited No peace officer, or other person having lawful custody of any person charged with crime, shall attempt to obtain information from the accused concerning his connection with or knowledge of crime by plying him with questions, or extort information to be used against him on his trial by threats or other wrongful means, nor shall the person having custody of the accused permit any other person to do so. Effective: July 1, 1992 History: Amended 1990 Ky. Acts ch. 88, secs. 78 and 93, effective July 1, 1992. -- Amended 1942 Ky. Acts ch. 141, sec. 2. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 1649b-1 to 1649b-3. Note: Amendment of this section by 1990 Ky. Acts ch. 88, secs. 78 and 93 became effective July 1, 1992, in compliance with 1992 Ky. Acts ch. 324, sec. 30.

KRS 422.115 Furnishing report of theater attendance survey

422.115. Furnishing report of theater attendance survey Any person employed as a private investigator or confidential investigator for the purpose of determining or attempting to determine the attendance or number of paid admissions at any motion picture theater performance in this state shall furnish to the owner or general manager of the theater checked, a report of his finding on the next succeeding day and within five (5) days after such check, a written copy of his finding or report. Effective: July 1, 1992 History: Amended 1990 Ky. Acts ch. 88, secs. 79 and 93, effective July 1, 1992. -- Created 1962 Ky. Acts ch. 22, secs. 1 and 2. Note: Amendment of this section by 1990 Ky. Acts ch. 88, secs. 79 and 93 became effective July 1, 1992, in compliance with 1992 Ky. Acts ch. 324, sec. 30.

KRS 422.120 Repealed, effective July 1, 1992

422.120. Repealed, effective July 1, 1992 Catchline at repeal: Evidence of genuineness of handwriting -- Comparison. History: Repealed 1990 Ky. Acts ch. 88, secs. 92 and 93, effective July 1, 1992. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 1649. Note: Repeal of this section became effective July 1, 1992, in compliance with 1992 Ky. Acts ch. 324, secs. 30 and 33.

KRS 422.130 Presumption of death

422.130. Presumption of death Except as provided in KRS 422.132, if any person who has resided in this state goes from and does not return to this state for seven (7) successive years, he shall be presumed to be dead, in any case wherein his death comes in question, unless proof is made that he was alive within that time. Effective: July 15, 2002 History: Amended 2002 Ky. Acts ch. 57, sec. 3, effective July 15, 2002. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 1639.

KRS 422.132 Presumption of death following catastrophic event -- Declaration -- Death certificate -- Attorney General

422.132. Presumption of death following catastrophic event -- Declaration -- Death certificate -- Attorney General (1) A resident or nonresident of this Commonwealth who is exposed to a specific event which has been declared a disaster or emergency pursuant to KRS Chapter 39A and which is certified by the Governor as a catastrophic event that has resulted in the loss of life to persons known or unknown and whose absence following that event is not satisfactorily explained after diligent search or inquiry is presumed to be dead. The death is presumed to have occurred at the time of the catastrophic event. (2) A District Court may declare the absent person dead, if it is satisfied that the absentee should be presumed dead under the provisions of subsection (1) of this section. A declaration with respect to a nonresident shall affect only property located within the Commonwealth. (3) At the request of an applicant who has obtained a declaration based upon subsection (1) of this section, the court shall order the registrar of vital statistics to issue, at no cost to the applicant, a death certificate. The state registrar may indicate on the certificate that it was issued to court order in accordance with this section. (4) The Attorney General may initiate or intervene in any proceedings or action brought pursuant to this section, including a class action law suit, on behalf of the citizens of the Commonwealth to seek a declaration of death of an absentee under subsection (1) of this section. Effective: July 15, 2002 History: Created 2002 Ky. Acts ch. 57, sec. 1, effective July 15, 2002.

KRS 422.135 Determination by a federal agency is prima facie evidence of occurrence of death

422.135. Determination by a federal agency is prima facie evidence of occurrence of death A determination of death made by a federal agency or military service of the United States government pursuant to Title 5, United States Code, Chapter 55, subchapter VII; Title 37, United States Code, Chapter 10, or other applicable federal law shall be prima facie evidence that the death actually occurred with respect to any proceeding in any court in the Commonwealth of Kentucky or with respect to any action of an agency of government in the Commonwealth of Kentucky. Effective: June 16, 1972 History: Created 1972 Ky. Acts ch. 183, sec. 1, effective June 16, 1972.

KRS 422.140 Officer's conduct does not estop contest of tax or indebtedness

422.140. Officer's conduct does not estop contest of tax or indebtedness No conduct, statement, or representation of any officer of any county, city, or taxing district, shall serve to estop the county, city or taxing district from contesting the legality of any tax or indebtedness authorized or created by it in excess of the constitutional or legal limits relating thereto. Effective: July 1, 1992 History: Amended 1990 Ky. Acts ch. 88, secs. 80 and 93, effective July 1, 1992. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 1649c-1. Note: Amendment of this section by 1990 Ky. Acts ch. 88, secs. 80 and 93 became effective July 1, 1992, in compliance with 1992 Ky. Acts ch. 324, sec. 30.

KRS 422.150 Repealed, effective July 1, 1992

422.150. Repealed, effective July 1, 1992 Catchline at repeal: Testimony taken at trial -- Use at subsequent trial. History: Repealed 1990 Ky. Acts ch. 88, secs. 92 and 93, effective July 1, 1992. -- Amended 1976 (1st Extra. Sess.) Ky. Acts ch. 14, sec. 424, effective January 2, 1978. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. secs. 1019a-6, 4643, 4645a-5. Note: Repeal of this section became effective July 1, 1992, in compliance with 1992 Ky. Acts ch. 324, secs. 30 and 33.

KRS 422.160 Right to perpetuate evidence concerning land

422.160. Right to perpetuate evidence concerning land Persons who own any real property or any interest therein or appurtenances thereto, may by deposition perpetuate the testimony of any and all living witnesses relative to their title in the manner provided in KRS 422.170 to 422.190. Effective: October 1, 1942 History: Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 1649a-1.

KRS 422.170 Statement to be filed by person desiring to perpetuate evidence

422.170. Statement to be filed by person desiring to perpetuate evidence (1) The party desiring to perpetuate any testimony as provided in KRS 422.160 shall file, in the circuit clerk's office in the county where the real property is located, a statement which shall set forth that he has a title to the real property about which he desires to take testimony or evidence. (2) (a) If any parties who may be interested or claim to be interested in the real property are known to the party filing the statement, the statement shall be directed to them and shall give their names and addresses, if known, and if they are nonresidents of this state, the state or county in which they reside, if known. (b) If one (1) or more of the parties are unknown, the statement shall be directed to the parties known to be interested, with the statement in the caption, "to whom it may concern, and to all parties interested in the real property herein described." (c) If no person is known to be interested in the real property, the statement shall be directed "to any and all parties interested in following described real estate," setting forth by description the real estate about which testimony is to be taken. (3) The statement shall also set forth the time and place the depositions are to be taken, and the names of one (1) or more witnesses whose testimony or evidence is to be taken at the time stipulated in the statement. The statement shall be subscribed and verified by the party filing it or by his attorney, representative or agent and shall be filed before the notice provided for in KRS 422.180 shall be given. (4) Upon the filing of the statement, the circuit clerk shall mark it "filed," and record it in a book kept by him for that purpose, properly labeled and indexed, for which recording he shall receive a fee of one dollar ($1). (5) If any claimant or probable claimant to whom the statement is directed is an infant, a lawyer guardian ad litem shall be designated to represent such infant by the clerk of the court. The clerk shall appoint an attorney to represent nonresident interested parties, claimants, or probable claimants. The same lawyer may be appointed to represent as attorney and guardian ad litem nonresident parties whether infants or not. Effective: July 15, 1980 History: Amended 1980 Ky. Acts ch. 188, sec. 290, effective July 15, 1980. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 1649a-1.

KRS 422.180 Notice -- Duty of guardian ad litem and attorney

422.180. Notice -- Duty of guardian ad litem and attorney (1) The party desiring to take the deposition of any witness shall give ten (10) days' notice in writing to all parties known to him to be interested in, or setting up or attempting to set up claim to, the real property or any interest therein. The notice shall state the time and place the depositions will be commenced to be taken, and that the same will be continued from day to day, at the same place and between the hours of 8 a.m. and 6 p.m., until the same is completed and that depositions are to be taken in behalf of the title to a certain tract of land known as .... tract, lying on the .... (here give the local description), in .... County, in the State of Kentucky, and that the depositions are being taken for the purpose of perpetuation of the testimony expected to be given. The party desiring to take the deposition shall give further notice, as above recited, by having the notice published pursuant to KRS Chapter 424. Such party shall also have a like notice posted at the front door of the courthouse in the county where the real property lies at least fifteen (15) days before the taking of the depositions. Sixty (60) days' notice shall be given to nonresidents of the time of taking of such depositions unless they waive notice through their attorney or otherwise. (2) The guardian ad litem for an infant and the attorney for a nonresident shall, as soon as notified of his appointment, if possible, give written notice to the infant or nonresident whom he represents of the fact and nature and purpose of the proceeding, and if no person, other than himself, appears by special employment to represent those whom he was appointed to represent, he shall appear and, if necessary, cross-examine and do all necessary to protect the interest of his ward or nonresident claimant against any fraud, imposition or injury. Such guardian ad litem or attorney shall file with the clerk a written report showing what effort he made to give notice to his ward or nonresident party, and state what, if any, information he has received from them, and shall be allowed a reasonable sum for his services to be paid by the party seeking to perpetuate the evidence. History: Amended 1966 Ky. Acts ch. 239, sec. 228. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 1649a-1.

KRS 422.190 Depositions taken in perpetuation of evidence to be recorded

422.190. Depositions taken in perpetuation of evidence to be recorded (1) When the depositions provided for in KRS 422.160 to 422.180 are completed and subscribed by the witness, they shall be certified to the circuit clerk of the county where the real property is located, by the officer before whom they were taken, in the same manner as other depositions are certified, and the officer shall take the clerk's receipt therefor. (2) The clerk, upon receipt of the depositions, shall immediately mark the same "lodged in my office to be recorded" and give the date of the lodgment, and record the said depositions in a book kept by him for that purpose, properly labeled and indexed. Upon application the clerk shall deliver the original of the deposition to the party on whose behalf the depositions were taken. The clerk shall be allowed one dollar ($1) for each separate deposition that he records. (3) The original or certified copy of the deposition or the record shall be evidence in any and all courts of this state. Effective: October 1, 1942 History: Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 1649a-1.

KRS 422.200 Papers in suit lost -- How supplied

422.200. Papers in suit lost -- How supplied When any papers in any suit pending or decided in any court have been lost, destroyed, defaced, or obliterated, and there is in existence an attested copy thereof, such copy may be filed in the office where such papers belong in lieu of the originals, and shall be prima facie evidence of the contents of the originals, and may be used as such originals could have been in all after proceedings in the suits to which the original papers belonged. The party whose rights or interests are affected by the filing of such copies shall be notified thereof, and may, upon notice to the adverse party or his attorney, move to strike such copies from the files, and the court shall, if justice requires, strike them from the files of the court. Effective: January 2, 1978 History: Amended 1976 (1st Extra. Sess.) Ky. Acts ch. 14, sec. 425, effective January 2, 1978. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 1643.

KRS 422.210 Lost judgment or order -- How supplied

422.210. Lost judgment or order -- How supplied If the record of any unexecuted judgment or final order of a court of record of this state is lost, mutilated, defaced, or destroyed, any person interested therein may, upon ten (10) days' written notice to the adverse party, move the court in which the judgment was rendered or final order was made to reenter the same of record. Upon satisfactory proof that a judgment or final order has theretofore been entered of record and that it has been mutilated, defaced, or destroyed, and the purport thereof, the court shall reenter it of record. The reentered judgment or final order shall have the same effect as the original and official copies thereof shall be admissible as evidence for all purposes for which copies of the original would be competent. No judgment for costs shall be rendered against the defendant in the motion unless he controverts the plaintiff's right and fails in his defense. Effective: October 1, 1942 History: Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 3991.

KRS 422.220 Bond with force of judgment, lost -- How supplied

422.220. Bond with force of judgment, lost -- How supplied If a bond having the force and effect of a judgment, is lost, destroyed, mutilated, or defaced, any person interested therein may, upon ten (10) days' written notice to the adverse party, move the court in which the bond was on file to award execution thereon. Upon satisfactory proof that such bond has existed, that it has been lost, destroyed, mutilated, or defaced, the purport thereof, and that it remains undischarged, the court shall award execution thereon, endorsed as though execution were issued on the bond, if in existence. No judgment for costs shall be rendered against the defendant in the motion, unless he controverts the plaintiff's right to an execution and fails in his defense. Effective: October 1, 1942 History: Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 3992.

KRS 422.230 Order of court or bond filed therein -- How supplied when lost

422.230. Order of court or bond filed therein -- How supplied when lost If an order of a court, appointing an administrator, guardian or any person to any place, station, or trust or, if the bond executed by any such person, or by an officer, is destroyed, obliterated, or lost, the court shall, by the appropriate proceeding, due notice thereof being given, supply the record, and require such person to execute a new bond, with good and sufficient sureties. If the person fails to execute a new bond when so required the court shall enter an order vacating his office or station. Effective: January 2, 1978 History: Amended 1976 (1st Extra. Sess.) Ky. Acts ch. 14, sec. 426, effective January 2, 1978. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 3993.

KRS 422.240 Commissioner to supply records of court

422.240. Commissioner to supply records of court (1) If the records or papers of any court are lost, destroyed, defaced, or obliterated, the court shall appoint a commissioner, who shall have power and authority to fix on a convenient place to meet for the purpose of hearing evidence in regard to the lost records or papers, giving reasonable public notice thereof. (2) The commissioner shall be paid a reasonable compensation out of the county treasury and shall not remain in office longer than one (1) year. (3) The commissioner may, at the instance of any person, issue a summons and cause the attendance of witnesses, and take evidence, in writing, of such witnesses, relative to any record or paper so destroyed, defaced, or obliterated. The deposition shall be legal evidence, and shall be returned to the clerk of the court and safely kept by such clerk. Before any proof is taken, the party offering it must make and file with the commissioner an affidavit that there is no attested copy of the record or papers in existence known to him. If the affidavit is not made, no testimony taken shall be evidence. Effective: October 1, 1942 History: Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. secs. 3994, 3995, 3996.

KRS 422.250 Reentering instrument -- Effect of

422.250. Reentering instrument -- Effect of (1) If any record book, containing judgments, decrees, orders, executions, or proceedings of a court, is lost, destroyed, or becomes illegible, and can be again entered correctly by means of any writing, the court may order its clerk to have the matter reentered. The reentered record, when approved by the court, shall have the same effect as the original. (2) If any record book of written instruments, or any such instrument, filed in any clerk's office is lost, destroyed, or becomes illegible, the clerk shall upon the production of any original paper which was recorded in the lost book, or an attested copy from the record, or of anything else in said book, or of any paper so filed, on the request of the person interested, rerecord the instrument and shall certify on the record whether it was recorded from the original or a copy, and how it was authenticated. Such record shall be prima facie evidence. Effective: October 1, 1942 History: Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. secs. 3997, 3998.

KRS 422.260 Copy of record impounded in court may be recorded to supply lost record

422.260. Copy of record impounded in court may be recorded to supply lost record If any written instrument, required or authorized by law to be recorded, has been recorded, and the book containing it has been lost, destroyed, mutilated, or defaced, and an attested copy thereof is impounded in any court of this state, or any Circuit Court of the United States, or the Supreme Court thereof, any person may procure a copy of such copy, attested by the officer having the custody thereof, and produce it to the clerk in whose office the originals were recorded. The clerk shall rerecord the instrument and certify that it was recorded from a copy of a copy, and such record shall be prima facie evidence. The clerk shall also retain and file the copy from which the record was made. Effective: October 1, 1942 History: Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 3999.

KRS 422.270 Action to supply lost record

422.270. Action to supply lost record When any written instrument, authorized by law to be recorded, has been so recorded, and the book containing it has been lost, destroyed, mutilated or defaced, and there is not in existence a copy of such writing known to the person claiming under it, such person may institute a suit in equity, in the county where such instrument was recorded, against the grantors or obligors in the writing, or his heirs or personal representatives, setting forth the fact of the existence of such writing, and the destruction of the record. Upon hearing, the court may render judgment that the defendants make and execute another writing in lieu of the original, of the same tenor and effect. Upon the failure of the defendants to execute a new writing within a reasonable time, the court shall cause the same to be executed by a commissioner, which shall vest in plaintiff all the rights vested in him by the original writing. If the recorded instrument be a conveyance for land, the plaintiff may make defendants any or all who have had title to the land for fifteen (15) years preceding the institution of the suit. No judgment for costs shall be rendered against the defendants unless they make defense and fail therein, except that, if they fail to convey or execute a new writing when adjudged to do so by the court, they shall, if adults, pay the cost of making the writing by a commissioner. Effective: October 1, 1942 History: Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 4000.

KRS 422.280 Liability for damage to or loss of boarded horses -- Negligence not presumed

422.280. Liability for damage to or loss of boarded horses -- Negligence not presumed (1) As used in this section: (a) The term "boarder" means one who holds out his land, barn or related facilities to others for compensation, by which is meant compensation in any manner, whether money or otherwise, for the custody, care, breeding or selling of horses; (b) The term "owner" means one who has contracted with the boarder for the custody, care, breeding or selling of horses. (2) The owner shall be liable for damages to or loss of the horse while in the custody of the boarder except for that damage or loss due to the negligence of the boarder, his agent or employees. Evidence that the owner delivered horses to the boarder and that the horses were damaged or lost while in the care and custody of the boarder shall not be sufficient to create a presumption of negligence on the part of the boarder, or a prima facie case in favor of the owner. History: Created 1972 Ky. Acts ch. 283, sec. 1.

KRS 422.285 Person convicted of certain offenses may request DNA testing -- Right to counsel -- Deposit -- Court orders -- Cost -- Access to reports -- Preservation of evidence -- Dismissal -- Hearing when results favorable to petitioner

422.285. Person convicted of certain offenses may request DNA testing -- Right to counsel -- Deposit -- Court orders -- Cost -- Access to reports -- Preservation of evidence -- Dismissal -- Hearing when results favorable to petitioner (1) (a) Except as provided in paragraph (b) of this subsection, a person who was convicted of a capital offense, a Class A felony, a Class B felony, or any offense designated a violent offense under KRS 439.3401 and who meets the requirements of this section may at any time request the forensic deoxyribonucleic acid (DNA) testing and analysis of any evidence that is in the possession or control of the court or Commonwealth, that is related to the investigation or prosecution that resulted in the judgment of conviction and that may contain biological evidence. (b) This subsection shall not apply to offenses under KRS Chapter 218A, unless the offense was accompanied by another offense outside of that chapter for which testing is authorized by paragraph (a) of this subsection. (2) Upon receipt of a request under this section accompanied by a supporting affidavit containing sufficient factual averments to support the request from a person who meets the requirements of subsection (5)(f) of this section at the time the request is made for an offense to which the DNA relates, the court shall: (a) If the petitioner is not represented by counsel, appoint the Department of Public Advocacy to represent the petitioner for purposes of the request, pursuant to KRS 31.110(2)(c); or (b) If the petitioner is represented by counsel or waives appointment of counsel in writing or if the Department of Public Advocacy has previously withdrawn from representation of the petitioner for purposes of the request, require the petitioner to deposit an amount certain with the court sufficient to cover the reasonable costs of the testing being requested. (3) Counsel representing the petitioner shall be provided a reasonable opportunity to investigate the petitioner's request and shall be permitted to supplement the request. Pursuant to KRS 31.110(2)(c), the petitioner shall have no further right to counsel provided by the Department of Public Advocacy on the matter if counsel determines that it is not a proceeding that a reasonable person with adequate means would be willing to bring at his or her own expense. If the Department of Public Advocacy moves to withdraw as counsel for petitioner and the court grants the motion, the court shall proceed as directed under subsection (2)(b) of this section. (4) Upon receipt of the deposit required under subsection (2)(b) of this section or a motion from counsel provided by the Department of Public Advocacy to proceed, the court shall provide notice to the prosecutor and an opportunity to respond to the petitioner's request. (5) After due consideration of the request and any supplements and responses thereto, the court shall order DNA testing and analysis if the court finds that all of the following apply: (a) A reasonable probability exists that the petitioner would not have been prosecuted or convicted if exculpatory results had been obtained through DNA testing and analysis; (b) The evidence is still in existence and is in a condition that allows DNA testing and analysis to be conducted; (c) The evidence was not previously subjected to DNA testing and analysis or was not subjected to the testing and analysis that is now requested and may resolve an issue not previously resolved by the previous testing and analysis; (d) Except for a petitioner sentenced to death, the petitioner was convicted of the offense after a trial or after entering an Alford plea; (e) Except for a petitioner sentenced to death, the testing is not sought for touch DNA, meaning casual or limited contact DNA; and (f) The petitioner is still incarcerated or on probation, parole, or other form of correctional supervision, monitoring, or registration for the offense to which the DNA relates. (6) After due consideration of the request and any supplements and responses thereto, the court may order DNA testing and analysis if the court finds that all of the following apply: (a) A reasonable probability exists that either: 1. The petitioner's verdict or sentence would have been more favorable if the results of DNA testing and analysis had been available at the trial leading to the judgment of conviction; or 2. DNA testing and analysis will produce exculpatory evidence; (b) The evidence is still in existence and is in a condition that allows DNA testing and analysis to be conducted; (c) The evidence was not previously subject to DNA testing and analysis or was not subjected to the testing and analysis that is now requested and that may resolve an issue not previously resolved by the previous testing and analysis; (d) Except for a petitioner sentenced to death, the petitioner was convicted of the offense after a trial or after entering an Alford plea; (e) Except for a petitioner sentenced to death, the testing is not sought for touch DNA, meaning casual or limited contact DNA; and (f) The petitioner is still incarcerated or on probation, parole, or other form of correctional supervision, monitoring, or registration for the offense to which the DNA relates. (7) The provisions of KRS 17.176 to the contrary notwithstanding, the petitioner shall pay the costs of all testing and analysis ordered under this section. If the court determines that the petitioner is a needy person using the standards set out in KRS 31.120 and the Department of Public Advocacy so moves, the court shall treat the costs of testing and analysis as a direct expense of the defense for the purposes of authorizing payment under KRS 31.185. (8) If the prosecutor or defense counsel has previously subjected evidence to DNA testing and analysis, the court shall order the prosecutor or defense counsel to provide all the parties and the court with access to the laboratory reports that were prepared in connection with the testing and analysis, including underlying data and laboratory notes. If the court orders DNA testing and analysis pursuant to this section, the court shall order the production of any laboratory reports that are prepared in connection with the testing and analysis and may order the production of any underlying data and laboratory notes. (9) If a petition is filed pursuant to this section, the court shall order the state to preserve during the pendency of the proceeding all evidence in the state's possession or control that could be subjected to DNA testing and analysis. The state shall prepare an inventory of the evidence and shall submit a copy of the inventory to the defense and the court. If the evidence is intentionally destroyed after the court orders its preservation, the court may impose appropriate sanctions, including criminal contempt. (10) The court may make any other orders that the court deems appropriate, including designating any of the following: (a) The preservation of some of the sample for replicating the testing and analysis; and (b) Elimination samples from third parties. (11) If the results of the DNA testing and analysis are not favorable to the petitioner, the court shall dismiss the petition. The court may make further orders as it deems appropriate, including any of the following: (a) Notifying the Department of Corrections and the Parole Board; (b) Requesting that the petitioner's sample be added to the Department of Kentucky State Police database; and (c) Providing notification to the victim or family of the victim. (12) Notwithstanding any other provision of law that would bar a hearing as untimely, if the results of the DNA testing and analysis are favorable to the petitioner, the court shall order a hearing and make any further orders that are required pursuant to this section or the Kentucky Rules of Criminal Procedure. Effective:June 29, 2017 History: Amended 2017 Ky. Acts ch. 167, sec. 17, effective June 29, 2017. -- Amended 2013 Ky. Acts ch. 77, sec. 1, effective June 25, 2013. -- Amended 2007 Ky. Acts ch. 85, sec. 307, effective June 26, 2007. -- Created 2002 Ky. Acts ch. 154, sec. 1, effective July 15, 2002. Legislative Research Commission Note (7/15/2002). Under the authority of KRS 7.136, the Reviser of Statutes has corrected a manifest clerical or typographical error in the second sentence of subsection (5) of this section as enacted in 2002 Ky. Acts ch. 154, sec. 1, by inserting "and" after the second appearance of "testing and analysis."

KRS 422.287 Motion for DNA testing of evidence -- Court order -- Results -- Maintaining results

422.287. Motion for DNA testing of evidence -- Court order -- Results -- Maintaining results (1) When a person is being tried for a capital offense and there is evidence in the case which may be subjected to deoxyribonucleic acid (DNA) testing and analysis, the Commonwealth or the defendant may move to have any item of evidence not previously subjected to DNA testing and analysis tested and analyzed. (2) If the court is satisfied that the item of evidence has not been tested and analyzed, that DNA testing and analysis would yield evidence of probative value, and that the item of evidence has not previously been the subject of DNA testing and analysis or that new DNA testing and analysis would yield a more accurate result, the court shall order DNA testing and analysis of the evidence. (3) The testing and analysis of the evidence shall be done by the Department of Kentucky State Police laboratory or at another laboratory selected by the Department of Kentucky State Police laboratory. (4) DNA testing and analysis results shall be made available to both the Commonwealth and the defendant, and either the Commonwealth or the defendant may move that they be admitted at trial. (5) If the defendant is convicted of any offense for which DNA test and analysis results are required to be maintained by law, the DNA test and analysis results obtained pursuant to this section shall be utilized for that purpose, whether or not the test and analysis results were introduced in the case. Effective: June 26, 2007 History: Amended 2007 Ky. Acts ch. 85, sec. 308, effective June 26, 2007. -- Created 2002 Ky. Acts ch. 154, sec. 2, effective July 15, 2002.

KRS 422.290 Attendance of Department of Corrections personnel as witnesses in civil suits out of county -- Records provable by copy

422.290. Attendance of Department of Corrections personnel as witnesses in civil suits out of county -- Records provable by copy (1) No officer or employee of the Department of Corrections shall be required to give personal attendance as a witness in any civil suit, arising from that person's employment, out of the county in which his or her official workstation is situated, but his or her deposition shall be taken in lieu thereof. However, in the court in which the civil action is pending, if the court finds that the witness is a necessary witness for trial, the court may order the personal attendance of the witness at trial. (2) Subject to the approval of the court, the Department of Corrections records which relate to supervision, custody, or confinement of an offender or which constitute an offender's medical charts or records that are susceptible to photostatic reproduction may be proved as to foundation, identity, and authenticity, without any preliminary testimony, by use of legible and durable copies certified by the employee of the department charged with the responsibility of being the custodian of the originals thereof. The certification shall be signed before a notary public by the employee and shall include the full name of the offender and, for medical charts or records, the offender's medical record number and the number of pages in the medical record. The certification shall also include a legend substantially to the following effect: "The copies of records for which this certification is made are true and complete reproductions of the original or microfilmed records which are housed at (provide the office, address, and phone number). The original records were made in the regular course of business, and it was the regular course of the Department of Corrections to make the records at or near the time of the matter recorded. This certification is given by the custodian of the records in lieu of the custodian's personal appearance." (3) Nothing in this section shall be construed as a waiver of any privilege the department may have relating to the records. Effective: July 15, 2002 History: Created 2002 Ky. Acts ch. 11, sec. 6, effective July 15, 2002.

KRS 422.295 Confidentiality of communications between human trafficking victim and caseworker

422.295. Confidentiality of communications between human trafficking victim and caseworker (1) As used in this section: (a) "Confidential communication" means information transmitted between the victim and the caseworker in the course of their relationship and in confidence by a means which, so far as the victim is aware, discloses the information to no third persons other than those who are present to further the interests of the victim in the consultation or those to whom disclosures are reasonably necessary for the transmission of the information or an accomplishment of the purposes for which the human trafficking counselor is consulted and includes all information regarding the facts and circumstances involving the trafficking; (b) "Holder of the privilege" means the victim when he or she has no guardian or conservator, or a guardian or conservator of the victim when the victim has a guardian or conservator; and (c) "Trafficking victim counselor" includes any of the following: 1. A counselor, as that term is defined in Rule 506 of the Kentucky Rules of Evidence; 2. A psychotherapist as that term is defined in Rule 507 of the Kentucky Rules of Evidence; and 3. A person employed and supervised by one (1) of the persons specified in this paragraph to render services to human trafficking victims and who has received forty (40) hours of training in the history of human trafficking; civil and criminal law as it relates to human trafficking; societal attitudes towards human trafficking; peer counseling techniques; housing, public assistance, and other financial resources available to meet the financial needs of human trafficking victims; and referral services available to human trafficking victims. (2) A human trafficking victim has a privilege to refuse to disclose and to prevent any other person from disclosing confidential communications made to a trafficking victim counselor for the purpose of receiving counseling, therapy, services, information, or treatment related to human trafficking. (3) A human trafficking caseworker shall inform a trafficking victim of any applicable limitations on confidentiality of communications between the victim and the caseworker. This information may be given orally. Effective: June 26, 2007 History: Created 2007 Ky. Acts ch. 19, sec. 1, effective June 26, 2007.

KRS 422.300 Use of photostatic copies of medical records -- Originals held available

422.300. Use of photostatic copies of medical records -- Originals held available (1) As used in KRS 422.300 to 422.330, "state" has the same meaning as in KRS 421.360. (2) Medical charts or records of any hospital licensed under either KRS 216B.105 or a similar law of another state or the United States that are susceptible to photostatic reproduction may be proved as to foundation, identity and authenticity without any preliminary testimony, by use of legible and durable copies, certified in the manner provided herein by the employee of the hospital charged with the responsibility of being custodian of the originals thereof. Said copies may be used in any trial, hearing, deposition or any other judicial or administrative action or proceeding, whether civil or criminal, in lieu of the original charts or records which, however, the hospital shall hold available during the pendency of the action or proceeding for inspection and comparison by the court, tribunal or hearing officer and by the parties and their attorneys of record. Effective: June 8, 2011 History: Amended 2011 Ky. Acts ch. 41, sec. 1, effective June 8, 2011. -- Amended 1980 Ky. Acts ch. 188, sec. 291, effective July 15, 1980. -- Created 1978 Ky. Acts ch. 109, sec. 1, effective June 17, 1978. Legislative Research Commission Note. A technical correction has been made in this section by the Reviser of Statutes pursuant to KRS 7.136.

KRS 422.305 Subpoena of records -- Certification of copies -- Personal delivery

422.305. Subpoena of records -- Certification of copies -- Personal delivery (1) When a subpoena duces tecum is served upon any employee of any hospital, requiring the production of any such medical charts or records at any action or proceeding, it is sufficient if the employee of the hospital charged with the responsibility of being custodian of the original thereof promptly notifies, in writing, the attorney for the party causing service of the subpoena, of the hospital's election to proceed under the provisions of KRS 422.300 to 422.330 and of the estimated actual and reasonable expenses of reproducing such charts or records. Upon such notification, the attorney causing the service of the subpoena shall notify all other attorneys of record or other parties if they are not represented by attorneys of the hospital's election. Following such election, the employee of the hospital charged with the responsibility of being custodian of the original charts or records specified in the subpoena shall hold the originals available at the hospital, and upon payment to the hospital of the estimated reproduction expenses by the party causing service of the subpoena, or by any other party, shall promptly deliver, by certified mail or by personal delivery, legible and durable copies, certified by said hospital employee, of all medical charts or records specified in such subpoena to the person specified in the subpoena. (2) The certification shall be signed before a notary public by the employee of the hospital charged with the responsibility of being custodian of the records and shall include the full name of the patient, the patient's medical record number, the number of pages in the medical record, and a legend substantially to the following effect: "The copies of records for which this certification is made are true and complete reproductions of the original or microfilmed medical records which are housed in (name of hospital). The original records were made in the regular course of business, and it was the regular course of (name of hospital) to make such records at or near the time of the matter recorded. This certification is given pursuant to KRS .... by the custodian of the records in lieu of his or her personal appearance." Such copies shall be separately enclosed and sealed in an inner envelope or wrapper bearing the legend "Copies of Medical Records," and the title and number of the action or proceeding, the date of the subpoena, the name of the hospital, the full name of the patient, the patient's medical record number and the name and business telephone number of the employee making the certification, and the sealed envelope or wrapper, together with the certification, shall then be enclosed and sealed in an outer envelope or wrapper, and delivered to the requesting party. (3) When the copies of records are personally delivered, a receipt shall be presented to the person receiving the records for his signature and shall be immediately signed and returned to the person delivering the records. The receipt shall contain the name of the hospital, the full name of the patient, the medical record number of the patient, the date the copies of records were received, and the signature of the person receiving the records. When the copies of records are sent via certified mail, the receipt used by the postal authorities shall be sufficient to prove delivery and receipt of the copies of records. (4) If the hospital has none of the charts or records specified in the subpoena, or only part thereof, the employee of the hospital charged with the responsibility of being custodian of original hospital charts or records shall so state in a notarized affidavit and, following notice and payment of expenses shall hold available the original charts or records which are in the hospital's custody and specified in the subpoena and shall deliver certified the copies together with the affidavit. Effective: June 17, 1978 History: Created 1978 Ky. Acts ch. 109, sec. 2, effective June 17, 1978.

KRS 422.310 Personal attendance of custodian of hospital records, when

422.310. Personal attendance of custodian of hospital records, when The personal attendance of the employee of the hospital charged with the responsibility of being custodian of the original charts or records specified in the subpoena shall be required if the records pertain to a patient treated by a psychiatrist and the hospital has not received within the thirty (30) days preceding service of the subpoena an authorization signed by the patient or his legal guardian permitting the contents of the records to be released. If personal attendance of a witness is required for the reason provided in this section, the hospital may nevertheless elect to substitute true, legible and durable copies of the charts or records specified in the subpoena duces tecum by the giving of a written notice of such election, in which case payment to the hospital of the actual and reasonable expenses of duplication of such charts or records by any party to the proceeding in which the subpoena was issued, or such party's attorney of record, shall be a condition precedent to the personal attendance of any person pursuant to the subpoena, unless otherwise ordered by the court or other body before which said action or proceeding is pending. Effective: June 17, 1978 History: Created 1978 Ky. Acts ch. 109, sec. 3, effective June 17, 1978.

KRS 422.315 Patient may ask to prohibit or limit use of his medical records

422.315. Patient may ask to prohibit or limit use of his medical records Any patient whose medical records or charts are copied and delivered pursuant to KRS 422.300 to 422.330, any person acting on his behalf, the hospital having custody of such records, or any physician, nurse or other person responsible for entries on such charts or records shall have standing to apply to the court or other body before which the action or proceeding is pending for a protective order denying, restricting or otherwise limiting access and use of such copies or original charts and records. Such patients, persons, hospitals, physicians or nurses who are not parties to the action or proceeding and who wish to apply for a protective order may petition to intervene in the action or proceeding and simultaneously apply for such a protective order. Effective: June 17, 1978 History: Created 1978 Ky. Acts ch. 109, sec. 4, effective June 17, 1978.

KRS 422.317 Copy of patient's medical record to be supplied on patient's written request -- Exception for Department of Corrections

422.317. Copy of patient's medical record to be supplied on patient's written request -- Exception for Department of Corrections (1) Upon a patient's written request, a hospital licensed under KRS Chapter 216B or a health care provider shall provide, without charge to the patient, a copy of the patient's medical record. A copying fee, not to exceed one dollar ($1) per page, may be charged by the health care provider for furnishing a second copy of the patient's medical record upon request either by the patient or the patient's attorney or the patient's authorized representative. (2) The Department of Corrections shall not be considered as a health care provider under this section; however, the department may make medical records of an individual inmate available to that individual inmate unless the department, through its designee, determines that the provision of the record is subject to the provisions of KRS 197.025. Effective: July 15, 1996 History: Amended 1996 Ky. Acts ch. 334, sec. 6, effective July 15, 1996. -- Created 1994 Ky. Acts ch. 512, Part 16, sec. 117, effective July 15, 1994.

KRS 422.320 Return of medical records to court clerk

422.320. Return of medical records to court clerk When the copies of records are delivered to a party or his attorney of record for use in a deposition, they shall, after termination of the deposition, be delivered personally or by certified mail to the clerk of the court or other body before which the action or proceeding is pending, and it shall be the responsibility of such party or attorney to transmit the receipt obtained to the employee of the hospital charged with responsibility of being custodian of the original records. When the records are received by the clerk of a court or other body from the hospital or from a party or his attorney of record they shall be retained in the clerk's custody at all times except when actually used in the action or proceeding. Upon issuance of a final order terminating a case, the copies of the records will be promptly filed by the clerk of the court with all other documents pertaining to the case until such a time as the normal retention period for court records expires. The copies of records shall then be permanently disposed of by the clerk in a manner that protects the confidentiality of the medical information contained therein. Should the case be appealed, the copies of records shall be forwarded to the Court of Appeals with other documents pertaining to the case and retained and disposed of in the manner previously described. Effective: June 17, 1978 History: Created 1978 Ky. Acts ch. 109, sec. 5, effective June 17, 1978.

KRS 422.325 Proper procedure for obtaining records required

422.325. Proper procedure for obtaining records required No institution or person shall be held in contempt or otherwise penalized for failure of production unless the business records of the institution indicate that the costs provided herein have been established and tendered. No sanction or remedy for contempt shall be applied against any such person or institution unless a subpoena or order expressly commanding the person's presence has been issued by authority of the court or other body. Effective: June 17, 1978 History: Created 1978 Ky. Acts ch. 109, sec. 6, effective June 17, 1978.

KRS 422.330 Privilege not waived

422.330. Privilege not waived Nothing contained herein shall be construed to waive the psychiatrist-patient privilege, or to require any such privileged communications to be disclosed. Effective: June 17, 1978 History: Created 1978 Ky. Acts ch. 109, sec. 7, effective June 17, 1978.

KRS 422.350 Admissibility of photographic evidence in prosecution of offense defined in KRS Chapter 514 or 515 -- Return of photographed property to owner by law enforcement agency -- Exception

422.350. Admissibility of photographic evidence in prosecution of offense defined in KRS Chapter 514 or 515 -- Return of photographed property to owner by law enforcement agency -- Exception (1) In a prosecution for any offense defined in KRS Chapter 514 or 515 the court shall receive, as competent evidence, a photograph of property over which the accused is alleged to have exerted unauthorized control or to have otherwise obtained unlawfully, if the photograph: (a) Will serve the purpose of demonstrating the nature and identity of the property; and (b) Is otherwise admissible into evidence under all other rules of law governing the admissibility of photographs into evidence. The fact that it is impractical to introduce into evidence the actual property for any reason including its size, weight, or unavailability, need not be established for the court to find a photograph of that property to be competent evidence. If a photograph is found to be competent evidence under this section, it is admissible into evidence in place of the property and to the same extent as the property itself. (2) A law enforcement agency that is holding as evidence property over which a person is alleged to have exerted unauthorized control or to have otherwise obtained unlawfully shall return that property to its owner if: (a) The property has been photographed in a manner that will serve the purpose of demonstrating the nature and identity of the property, and if these photographs are filed with or retained by the law enforcement agency in place of the property; (b) Receipt for the property is obtained from the owner upon delivery by the law enforcement agency; (c) The prosecuting attorney who is prosecuting a case that involves the property has not requested the law enforcement agency to decline requests for return of the property to its owner; and (d) The property may be lawfully possessed by the owner. (3) Notwithstanding the provisions of subsection (2) of this section, a court may, if a motion so requesting is filed by a defendant within twenty (20) days of arrest, order the law enforcement agency to hold such property as evidence pending completion of the trial. However, the court may, for good cause, extend the time allowed for the defendant to file a motion to have the property held. Effective: July 13, 1984 History: Created 1984 Ky. Acts ch. 125, sec. 1, effective July 13, 1984.

KRS 422.355 Right to access medical record of a patient under age eighteen -- Exceptions

422.355. Right to access medical record of a patient under age eighteen -- Exceptions (1) As used in this section, "personal representative" means an individual who has authority under state law to make health care decisions for a patient. (2) The parent of a patient who is under the age of eighteen (18), or a patient's personal representative on behalf of the patient who is under the age of eighteen (18), shall have the right to access the patient's health information maintained by a health care provider in a medical record unless prohibited under the federal Health Insurance Portability and Accountability Act of 1996 or any other federal or state law. Effective: July 15, 2024 History: Created 2024 Ky. Acts ch. 164, sec. 1, effective July 15, 2024.

KRS 422.990 Penalties

422.990. Penalties Any person who violates KRS 422.110 shall be fined not less than one hundred dollars ($100) nor more than five hundred dollars ($500) or imprisoned for not less than ten (10) nor more than sixty (60) days, or both. Effective: October 1, 1942 History: Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 1649b-4.
Source: Kentucky Legislative Research Commission (legislature.ky.gov)URL: https://apps.legislature.ky.gov/law/statutes/chapter.aspx?id=39281Fetched: 10/20/2026

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