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

A witness who resides in a county other than that to which he is subpoenaed shall be allowed the same amount allowed state employees under KRS 44.060.

A Commonwealth's witness in a felony case who resides in another state shall be allowed his necessary expenses in addition to the per diem, but no such allowance shall be made unless the judge of the court has made an order based upon the personal knowledge of the Circuit Judge o…

Each witness for the Commonwealth in a felony case shall, immediately after he testifies claim his attendance in open court. The claim may be allowed by the court and if it is allowed it shall be noted of record. Any person who has been subpoenaed or recognized as a witness in a …

In all criminal or penal actions that are removed from any court of this state to a federal court, the officers of the federal court and the witnesses who are subpoenaed and attend such court in behalf of the state are entitled to the same fees, per diem and mileage allowed under…

A witness attending several suits at the same time can only claim in one (1) case.

When a witness is attached he shall pay the costs of the attachment, unless it appears from evidence he was not in fault. When a witness who has been duly subpoenaed fails without a good excuse, to appear on the trial, he shall pay all costs resulting from his failure.

(1) No person shall leave this state or avoid service of process by any means whatever, so as to avoid being compelled to testify before any legislative committee or grand jury. (2) No person shall procure the absence of a witness for the purpose set out in subsection (1).

disclose source of information. No person shall be compelled to disclose in any legal proceeding or trial before any court, or before any grand or petit jury, or before the presiding officer of any tribunal, or his agent or agents, or before the General Assembly, or any committee…

Disobedience of a subpoena; intentional evasion of a service of it, by concealment, or otherwise; concealment or removal of a minor to prevent service of a subpoena upon him, or preventing his attendance as a witness, by a person having control of him; or a refusal to be sworn or…

When a witness is brought before a court for contempt by disobedience of a subpoena, and it is shown that the legal fees for travel and one (1) day's attendance were paid or tendered to him when the subpoena was served, and that he failed to attend without reasonable cause, the c…

If a witness fail to attend in obedience to a subpoena, the court or officer before whom his attendance was required may issue a warrant for arresting and bringing him before the court or officer, at a time and place to be fixed in the warrant, to give his testimony, and answer f…

When a felony case has been called, and either party is not ready for trial because a witness who has been duly subpoenaed and has failed to appear is not in the county in which the court is sitting, the Circuit Judge may appoint a special bailiff, who shall have power to arrest …

If a witness refuses to testify, or to be sworn, or to give a deposition, he shall be imprisoned so long as he refuses, or until he testifies before an officer who is authorized to take his testimony. The final disposition of the case in which he so refuses shall discharge him fr…

Every warrant of commitment to prison issued by a court or officer, pursuant to KRS 421.110 to 421.180, must specify particularly the cause of the commitment; and, if it be for refusing to answer a question, such question must be stated in the warrant. And every warrant to arrest…

A witness shall not be liable to be sued in a county in which he does not reside, by being served with a summons in such county while going, returning or attending, in obedience to a subpoena.

A person present before a court or before a judicial officer may be compelled to testify in the same manner as if he were served with a subpoena.

In any criminal or penal prosecution the defendant, on his own request, shall be allowed to testify in his own behalf, but his failure to do so shall not be commented upon or create any presumption against him.

(1) The word "witness" as used in KRS 421.230 to 421.270 shall include a person whose testimony is desired in any proceeding or investigation by a grand jury or in a criminal action, prosecution or proceeding. (2) The word "state" shall include any territory of the United States …

in this state -- Custody -- Disobedience of summons. (1) If a judge of a court of record in any state which by its laws has made provision for commanding persons within that state to attend and testify in this state certifies under the seal of such court that there is a criminal …

other states. (1) If a person in any state, which by its laws has made provision for commanding persons within its borders to attend and testify in criminal prosecutions, or grand jury investigations commenced or about to commence, in this state, is a material witness in a prosec…

criminal process. (1) If a person comes into this state in obedience to a summons directing him to attend and testify in this state he shall not while in this state pursuant to such summons be subject to arrest or the service of process, civil or criminal, in connection with matt…

KRS 421.230 to 421.270 may be cited as "Uniform Act to Secure the Attendance of Witnesses from Within or Without a State in Criminal Proceedings."

(1) This section applies only to a proceeding in the prosecution of an offense, including but not limited to an offense under KRS 510.040 to 510.155, 529.030 to 529.050, 529.070, 529.100, 529.110, 530.020, 530.060, 530.064(1)(a), 531.310, 531.320, 531.370, or any specified in KRS…

(1) This section may be cited as the Uniform Interstate Depositions and Discovery Act. (2) As used in this section: (a) "Foreign jurisdiction" means a state other than this state; (b) "Foreign subpoena" means a subpoena issued under authority of a court of record of a foreign jur…

notifications -- Duties of public officers and agencies -- Restitution -- Construction of KRS 421.500 to 421.575. (1) (a) As used in KRS 421.500 to 421.575, "victim" means an individual directly and proximately harmed as a result of: 1. The commission of a crime classified as a f…

(1) Where the victim is less than sixteen (16) years old and the crime is a sexual offense including violations of KRS 510.040 to 510.150, 530.020, 530.064(1)(a), 530.070, 531.310, 531.320, and 531.370, a speedy trial may be scheduled as provided in subsection (2) of this section…

(1) The attorney for the Commonwealth shall notify the victim that, upon conviction of the defendant, the victim has the right to submit a written victim impact statement to the probation officer responsible for preparing the presentence investigation report for inclusion in the …

board. (1) If a defendant is sentenced to a period of incarceration and his or her release is subject to the authority of the parole board, the victim may submit a written impact statement to the parole board that it shall consider when making a decision on the release of the def…

acting in good faith -- Indemnification -- Defense by Attorney General -- Immunity of attorney for state acting in good faith. (1) Nothing in KRS 421.500 to 421.575, 15.245, or 196.280 creates a cause of action for money damages against the state, a county, a municipality, or any…

practicing law. (1) For the purposes of this section and KRS 421.575, "victim advocate" means an individual at least eighteen (18) years of age and of good moral character, who is employed by, or serves as a volunteer for, a public or private agency, organization, or official to …

In all court proceedings, a victim advocate, upon the request of the victim, shall be allowed to accompany the victim during the proceeding to provide moral and emotional support. The victim advocate shall be allowed to confer orally and in writing with the victim in a reasonable…

421.575 -- Application -- Construction. (1) In order to establish the minimum conduct of criminal justice professionals with respect to crime victims and to communicate the intent of the General Assembly that victims of crime play an integral role in the criminal justice process,…

As used in KRS 421.610 to 421.690: (1) "Penal institutions" includes a jail, prison, penitentiary, house of correction or other place of penal detention; (2) "State" includes any state of the United States, the District of Columbia, the Commonwealth of Puerto Rico and any territo…

A judge of the state court of record in another state, which by its laws has made provision for commanding persons confined in penal institutions within that state to attend and testify in this state, may certify that there is a criminal proceeding or investigation by a grand jur…

If at the hearing the judge determines that the witness may be material and necessary, that his attending and testifying are not adverse to the interests of this state or to the health or legal rights of the witness, that the laws of the state in which he is requested to testify …

The order to the witness and to the person having custody of the witness shall provide for the return of the witness at the conclusion of his testimony, proper safeguards on his custody, and proper financial reimbursement or prepayment by the requesting jurisdiction for all expen…

KRS 421.600 to 421.690 do not apply to any person in this state confined as mentally ill.

If a person confined in a penal institution in any other state may be a material witness in a criminal action pending in a court of record or in a grand jury investigation in this state, a judge of the court may certify that there is a criminal proceeding or investigation by a gr…

The judge of the court in this state may enter an order directing compliance with the terms and conditions prescribed by the judge of the state in which the witness is confined.

If a witness from another state comes into or passes through this state under an order directing him to attend and testify in this or another state, he shall not while in this state pursuant to the order be subject to arrest or the service of process, civil or criminal, because o…

KRS 421.600 to 421.690 shall be so construed as to effectuate their general purpose to make uniform the law of those states which enact them.

KRS 421.600 to 421.690 may be cited as the "Uniform Rendition of Prisoners as Witnesses in Criminal Proceedings Act."

(1) Any person who violates or enters a conspiracy to violate KRS 421.080 shall be fined not less than thirty dollars ($30) nor more than five hundred dollars ($500) or imprisoned not less than thirty (30) days nor more than six (6) months, or both. (2) In addition to the penalty…

commission. Every court of this state shall take judicial notice of any comprehensive plan and any regulation adopted pursuant to KRS Chapter 100.

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…

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 per…

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 tr…

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 o…

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 with…

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 t…