Title XXXVIII, Witnesses, Evidence, Notaries, Commissioners of Foreign Deeds, and Legal Notices

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 evidenc…

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 l…

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.

(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 test…

(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…

(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 depo…

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 evi…

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 f…

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 p…

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 …

(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, giv…

(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 re…

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,…

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 …

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; (…

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 Cl…

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 subject…

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 worksta…

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 thi…

(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 p…

(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 orig…

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…

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 h…

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 do…

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 pe…

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 again…

Nothing contained herein shall be construed to waive the psychiatrist-patient privilege, or to require any such privileged communications to be disclosed.

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 all…

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 behal…

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.

For the purposes of KRS 423.110 to 423.190, "notarial acts" means acts which the laws and regulations of this state authorize notaries public of this state to perform, including the administering of oaths and affirmations, taking proof of execution and acknowledgments of instrume…

The person taking an acknowledgment shall certify that: (1) The person acknowledging appeared before him and acknowledged he executed the instrument; and (2) The person acknowledging was known to the person taking the acknowledgment or that the person taking the acknowledgment ha…

The form of a certificate of acknowledgment used by a person whose authority is recognized under KRS 423.110 shall be accepted in this state if: (1) The certificate is in a form prescribed by the laws or regulations of this state; (2) The certificate is in a form prescribed by th…

The words "acknowledged before me" mean: (1) That the person acknowledging appeared before the person taking the acknowledgment; (2) That he acknowledged he executed the instrument; (3) That, in the case of: (a) A natural person, he executed the instrument for the purposes therei…

The forms of acknowledgment set forth in this section may be used and are sufficient for their respective purposes under any law of this state. The forms shall be known as "Statutory Short Forms of Acknowledgment" and may be referred to by that name. The authorization of the form…

A notarial act performed prior to July 1, 1970, is not affected by KRS 423.110 to 423.190. KRS 423.110 to 423.190 provide an additional method of proving notarial acts. Nothing in KRS 423.110 to 423.190 diminishes or invalidates the recognition accorded to notarial acts by other …

KRS 423.110 to 423.190 shall be so interpreted as to make uniform the laws of those states which enact it.

KRS 423.110 to 423.190 may be cited as the "Uniform Recognition of Acknowledgments Act."

Notwithstanding any other provision of law, any certificate of an acknowledgment given and certified as provided by KRS 423.300 to 423.455 or as provided by those sections and other provisions of law, together with the instrument acknowledged, may be admitted to the public record…

As used in KRS 423.300 to 423.455: (1) "Acknowledgment" means a declaration by an individual before a notarial officer that the individual has signed a record for the purpose stated in the record and, if the record is signed in a representative capacity, that the individual signe…

KRS 423.300 to 423.455 applies to a notarial act performed on or after January 1, 2020.

Prohibited acts -- Tangible copy of electronic record. (1) A notarial officer may perform the following notarial acts: (a) Take acknowledgments; (b) Administer oaths and affirmations; (c) Take verifications of statements on oath or affirmation; (d) Certify that a copy of any docu…

negotiable instrument. A notarial officer who takes an acknowledgment of a record, takes a verification of a statement on oath or affirmation, or witnesses or attests to a signature, shall determine, from personal knowledge or satisfactory evidence of the identity of the individu…

If a notarial act relates to a statement made in or a signature executed on a record, the individual making the statement or executing the signature shall appear personally before the notarial officer.

communication technology -- Additional information. (1) A notarial officer has personal knowledge of the identity of an individual appearing before the officer if the individual is personally known to the officer through dealings sufficient to provide reasonable certainty that th…

(1) A notarial officer may refuse to perform a notarial act if the officer is not satisfied that: (a) The individual executing the record is competent or has the capacity to execute the record; or (b) The individual’s signature is knowingly and voluntarily made. (2) A notarial of…

If an individual is physically unable to sign a record, the individual may direct another individual, other than the notarial officer, to sign the individual’s name on the record by proxy, in the presence of two (2) witnesses unaffected by the record, one (1) of whom may be the i…

county clerk. (1) A notarial act may be performed in this state by: (a) A notary public of this state; or (b) A county clerk of this state. (2) The signature and title of an individual performing a notarial act in this state are prima facie evidence that the signature is genuine …

or under authority of federal law. (1) (a) A notarial act performed in another state has the same effect under the law of this state as if performed by a notarial officer of this state, if the act performed in that state is performed by: 1. A notary public of that state; 2. A jud…

international governmental organization -- Establishing authority of officer and genuineness of signature. (1) In this section, "foreign state" means a government other than the United States, a state, or a federally recognized Indian tribe. (2) If a notarial act is performed und…