(a) Examining witness concerning prior statement. Before other evidence can be offered of the witness having made at another time a different statement, he must be inquired of concerning it, with the circumstances of time, place, and persons present, as correctly as the examining party can present them; and, if it be in writing, it must be shown to the witness, with opportunity to explain it. The court may allow such evidence to be introduced when it is impossible to comply with this rule because of the absence at the trial or hearing of the witness sought to be contradicted, and when the court finds that the impeaching party has acted in good faith.
(b) This provision does not apply to admissions of a party-opponent as defined in KRE

Terms Used In Kentucky Rules of Evidence 613

  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • statement: is:
    (1) An oral or written assertion; or
    (2) Nonverbal conduct of a person, if it is intended by the person as an assertion. See Kentucky Rules of Evidence 801
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.

801A.
Effective: July 1, 1992
History: Enacted 1990 Ky. Acts ch. 88, sec. 46; amended 1992 Ky. Acts ch. 324, sec.
16; renumbered (7/1/92) pursuant to 1992 Ky. Acts ch. 324, sec. 34.