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Rule 103 Rulings on evidence
(a)
(b)
(c)
(d)
(e)
Effect of erroneous ruling. Error may not be predicated upon a ruling which
admits or excludes evidence unless a substantial right of the party is affected;
and
(1) Objection. If the ruling is one admitting evidence, a timely objection or
motion to strike appears of record, stating the specific ground of objection,
if the specific ground was not apparent from the context; or
(2) Offer of proof. If the ruling is one excluding evidence, the substance of
the evidence was made known to the court by offer or was apparent from
the context within which questions were asked.
Record of offer and ruling. The court may add any other or further statement
which shows the character of the evidence, the form in which it was offered,
the objection made, and the ruling thereon. It may direct the making of an offer
in question and answer form.
Hearing of jury. In jury cases, proceedings shall be conducted, to the extent
practicable, so as to prevent inadmissible evidence from being suggested to
the jury by any means, such as making statements or offers of proof or asking
questions in the hearing of the jury.
Motions in limine. A party may move the court for a ruling in advance of trial on
the admission or exclusion of evidence. The court may rule on such a motion in
advance of trial or may defer a decision on admissibility until the evidence is
offered at trial. A motion in limine resolved by order of record is sufficient to
preserve error for appellate review. Nothing in this rule precludes the court from
reconsidering at trial any ruling made on a motion in limine.
Palpable error. A palpable error in applying the Kentucky Rules of Evidence
which affects the substantial rights of a party may be considered by a trial court
on motion for a new trial or by an appellate court on appeal, even though
insufficiently raised or preserved for review, and appropriate relief may be
granted upon a determination that manifest injustice has resulted from the
error.
Effective:May 1, 2007
History: Enacted 1990 Ky. Acts ch. 88, sec. 3; amended 1992 Ky. Acts ch. 324,
sec. 1; renumbered (7/1/92) pursuant to 1992 Ky. Acts ch. 324, sec. 34;
amended May 1, 2007, Supreme Court of Kentucky Order 2007-02.
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