Kentucky Statutes & Regulations

Kentucky Revised Statutes (KRS) Chapter KRE (formerly KRS 422A, "Kentucky Rules of Evidence") has several statements that should be looked at while determining if document imaging is legally acceptable for your organization's application.

• KRE Rule 902 (Self-authentication):
  
  
  "Extrinsic evidence of authenticity as a condition precedent to admissibility is not required with respect to the following:"
  
  
  Section 11: "Business records.
  
  
  • (A) Unless the sources of information or other circumstances indicate lack of trustworthiness, the original or a duplicate of a record of regularly conducted activity within the scope of KRE 803(6) or KRE 803(7), which the custodian thereof certifies:
    
    (I) Was made, at or near the time of the occurrence of the matters set forth, by (or from information transmitted by) a person with knowledge of those matters;
    
    (II) Is kept in the course of the regularly conducted activity; and
    
    (III) Was made by the regularly conducted activity as a regular practice."
  
  
  
  
• KRE Rule 803 (Hearsay exceptions: availability of declarant immaterial):
  
  
  "The following are not excluded by the hearsay rules, even though the declarant is available as a witness:"
  
  
  Section 6:
  
  "Records of regularly conducted activity. A memorandum, report, record, or data compilation, in any form, of acts, events, conditions, opinions, or diagnoses, made at or near the time by, or from information transmitted by, a person with knowledge, if kept in the course of a regularly conducted business activity, and if it was the regular practice of that business activity to make the memorandum, report, record, or data compilation, all as shown by the testimony of the custodian or other qualified witness, unless the source of information or the method or circumstances of preparation indicate lack of trustworthiness. The term 'business' as used in this paragraph includes business, institution, association, profession, occupation, and calling of every kind, whether or not conducted for profit.
  
  
  • (A) Foundation exemptions. A custodian or other qualified witness, as required above, is unnecessary when the evidence offered under this provision consists of medical charts or records of a hospital that has elected to proceed under the provisions of KRS 422.300 to 422.330, business records which satisfy the requirements of KRE 902(11), or some other record which is subject to a statutory exemption from normal foundation requirements."
  
  
• KRE Rule 1001 (Definitions)- Section 4:
  
  
  "A 'duplicate' is a counterpart produced by the same impression as the original, or from the same matrix, or by means of photography, including enlargements and miniatures, or by mechanical or electronic re-recording, or by chemical reproduction, or by other equivalent techniques which accurately reproduces the original."
  
  
• KRE Rule 1003 (Admissibility of Duplicates):
  
  
  "A duplicate is admissible to the same extent as an original unless (1) a genuine question is raised as to the authenticity of the original or (2) in the circumstances it would be unfair to admit the duplicate in lieu of the original."
  
  
• KRE Rule 1004 (Admissibility of Other Evidence of Contents) - Section 1:
  
  
  "The original is not required, and other evidence of the contents of a writing, recording, or photograph is admissible if-
  
  
  
  • (1) Originals lost or destroyed. All originals are lost or have been destroyed, unless the proponent lost or destroyed them in bad faith"
  
  

KRS Chapter 369.00 (Information Technology) helps to define what, legally, a record and electronic record is, as well as, the legal recognition of electronic records.

• Chapter 369.102 (Definitions for KRS 369.101 to 369.120):
  
  Section 7: "'Electronic record' means a record created, generated, sent, communicated, received, or stored by electronic means."
  
  Section 13: "'Record' means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form."
  
  
• Chapter 369.107 (Legal recognition of electronic records, electronic signatures, and electronic contracts):
  
  Section 1: "A record or signature may not be denied legal effect or enforceability solely because it is in electronic form."
  
  Section 3: "If a law requires a record to be in writing, an electronic record satisfies the law."
  
  
• Chapter 369.112 (Retention of electronic records -- Originals):
  
  Section 1: "If a law requires that a record be retained, the requirement is satisfied by retaining an electronic record of the information in the record which:
  
  
  • (A)Accurately reflects the information set forth in the record after it was first generated in its final form as an electronic record or otherwise; and
  
  
  • (B)Remains accessible for later reference."
    
  
  
  Section 4: "If a law requires a record to be presented or retained in its original form, or provides consequences if the record is not presented or retained in its original form, that law is satisfied by an electronic record retained in accordance with subsection (1) of this subsection."
  
  
  Section 6: "A record retained as an electronic record in accordance with subsection (1) of this section satisfies a law requiring a person to retain a record for evidentiary, audit, or like purposes..."
  

KRS Chapter 171.00 (State Libraries - Librarians - State Archives and Records), outlines procedures and guidelines for which a government agency can dispose of original records.

• KRS 171.660 (Authorized reproductions -- Disposal of originals):
  
  
  "When the Governor, Lieutenant Governor, or any state agency or subdivision or the principal officer thereof shall reproduce and preserve for record any records or papers by photographic, microphotographic, nonerasable optical image, or other process which accurately reproduces the original records, which forms a durable medium, and which is performed in accordance with rules and regulations promulgated by the department, the original may be disposed of or destroyed."